Judgment - 28/10/2022 - Generalstaatsanwaltschaft München () and ne bis in idem)
Case C-435/22 PPU

Reports of Cases

not yet published (Court Reports - general)

Order of the Court (Eighth Chamber) of 25 March 2022

Criminal proceedings against IP and Others

Request for a preliminary ruling from the Spetsializiran nakazatelen sad

Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Article 4(3) TEU – Article 267 TFEU – Charter of Fundamental Rights of the European Union – Article 47, second paragraph – Article 94 of the Rules of Procedure of the Court of Justice – Content of a request for a preliminary ruling – National rule providing for the national criminal court to decline jurisdiction on the basis that it expressed a view on the facts of the case in the request for a preliminary ruling on pain of annulment of the decision to be given on the merits of the case – Article 18 TFEU – Article 21(2) of the Charter – Article 23 of the Statute of the Court of Justice of the European Union – Requirement for national courts to inform their own Member State of any request for a preliminary ruling submitted to the Court

Case C-609/21

Reports of Cases

Not yet published (General Report - Section 'Information on unpublished decisions')

Bezirkshauptmannschaft Leibnitz (Durée maximale du contrôle aux frontières intérieures)
Case C-369/20 (Joined Cases C-368/20, C-369/20)

Reports of Cases

Information not available

Judgment of the Court (Grand Chamber) of 26 April 2022

NW v Landespolizeidirektion Steiermark

Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark

Reference for a preliminary ruling – Area of freedom, security and justice – Free movement of persons – Regulation (EU) 2016/399 – Schengen Borders Code – Article 25(4) – Temporary reintroduction of border control at internal borders for a maximum total duration of six months – National legislation providing for a number of successive periods of border control resulting in that duration being exceeded – Non-compliance of such legislation with Article 25(4) of the Schengen Borders Code where the successive periods are based on the same threat or threats – National legislation requiring, on pain of a penalty, a passport or identity card to be presented when the internal border control is carried out – Non-compliance of such an obligation with Article 25(4) of the Schengen Borders Code when the border control itself is contrary to that provision

Case C-368/20

Reports of Cases

not yet published (Court Reports - general)

Judgment of the Court (Fifth Chamber) of 6 October 2021

Criminal proceedings against A

Request for a preliminary ruling from the Korkein oikeus

Reference for a preliminary ruling – Citizenship of the Union – Right of Union citizens to move freely within the territories of the Member States – Article 21 TFEU – Directive 2004/38/EC – Articles 4 and 5 – Obligation to carry an identity card or a passport – Regulation (EC) No 562/2006 (Schengen Borders Code) – Annex VI – Crossing the maritime border of a Member State on board a pleasure boat – Rules on sanctions applicable when moving between Member States without an identity card or passport – Rules on daily fines in criminal cases – Calculation of the fine based on the offender’s average monthly income – Proportionality – Severity of the sanction in relation to the offence

Case C-35/20

Reports of Cases

not yet published (Court Reports - general)

Judgment of the Court (Grand Chamber) of 22 June 2021

FS v Staatssecretaris van Justitie en Veiligheid

Request for a preliminary ruling from the Raad van State

Reference for a preliminary ruling – Citizenship of the Union – Directive 2004/38/EC – Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Article 15 – End of a Union citizen’s temporary residence in the territory of the host Member State – Expulsion decision – Physical departure of that Union citizen from that territory – Temporal effects of that expulsion decision – Article 6 – Possibility for that Union citizen to enjoy a new right of residence on his or her return to that territory

Case C-719/19

Reports of Cases

not yet published (Court Reports - general)

Order of the Court (Tenth Chamber) of 4 June 2020

Criminal proceedings against FU

Request for a preliminary ruling from the Amtsgericht Kehl

Reference for a preliminary ruling – Area of freedom, security and justice – Regulation (EU) 2016/399 – Schengen borders code – Articles 22 and 23 – Abolition of internal border controls in the Schengen area – Checks within the territory of a Member State – Measures having an effect equivalent to border checks – Identity checks in the vicinity of an internal border of the Schengen area – Possibilities of checks irrespective of the behaviour of the person concerned or of the existence of specific circumstances – National framework concerning the intensity, frequency and selectivity of the checks

Case C-554/19

Reports of Cases

Not yet published (General Report - Section 'Information on unpublished decisions')

Judgment of the Court (Fourth Chamber) of 3 June 2021

BZ v Westerwaldkreis

Request for a preliminary ruling from the Bundesverwaltungsgericht

Reference for a preliminary ruling – Area of freedom, security and justice – Immigration policy – Return of illegally staying third-country nationals – Directive 2008/115/EC – Article 2(1) – Scope – Third‑country national – Criminal conviction in the Member State – Article 3(6) – Entry ban – Grounds of public policy and public security – Withdrawal of the return decision – Lawfulness of the entry ban

Case C-546/19

Reports of Cases

not yet published (Court Reports - general)

Judgment of the Court (Grand Chamber) of 24 November 2020

R.N.N.S. and K.A. v Minister van Buitenlandse Zaken

Requests for a preliminary ruling from the Rechtbank Den Haag zittingsplaats Haarlem

References for a preliminary ruling – Area of freedom, security and justice – Community Code on Visas – Regulation (EC) No 810/2009 – Article 32(1) to (3) – Decision to refuse a visa – Annex VI – Standard form – Statement of reasons – Threat to public policy, internal security or public health, or to the international relations of any of the Member States – Article 22 – Procedure of prior consultation of central authorities of other Member States – Objection to the issuing of a visa – Appeal against a decision to refuse a visa – Scope of judicial review – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy

Joined Cases C-225/19 and C-226/19

Reports of Cases

not yet published (Court Reports - general)

Judgment of the Court (Fourth Chamber) of 4 March 2021

A v Migrationsverket

Request for a preliminary ruling from the Förvaltningsrätten i Malmö – Migrationsdomstolen

Reference for a preliminary ruling – Area of freedom, security and justice – Border controls, asylum and immigration – Convention implementing the Schengen Agreement – Consultation of the Schengen Information System (SIS) in the examination of an application for a residence permit made by a third-country national for whom an alert has been issued in the SIS for the purposes of refusing entry – Article 25(1) – Schengen Borders Code – Entry conditions for third-country nationals – Article 6(1) and (5) – Charter of Fundamental Rights of the European Union – Article 7 and Article 24(2) – Refusal to renew a residence permit for the purposes of family reunification on the ground that the applicant’s identity cannot be established with certainty

Case C-193/19

Reports of Cases

not yet published (Court Reports - general)