Documents : Union européenne

Union supranationale de 27 États membres. Les actes officiels (règlements, directives, décisions) sont publiés par l'Office des publications de l'UE (Cellar/EUR-Lex). La jurisprudence de la Cour de justice de l'UE (CJUE) relève également d'un organe de l'UE.

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316 913 documents
22342

Judgment of the Court (Eighth Chamber) of 11 January 2024.#Autoridade Tributária e Aduaneira v HPA – Construções SA.#Request for a preliminary ruling from the Supremo Tribunal Administrativo.#Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Annex IV – Point 2 – Temporary provisions for particular labour-intensive services – Reduced rate of VAT applicable to the renovation and repairing of private dwellings – Definition of ‘private dwellings’.#Case C-433/22.

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22343

Judgment of the Court (Fifth Chamber) of 11 January 2024.#G sp. z o.o. v W S.A.#Reference for a preliminary ruling – Internal market in electricity – Directive 2009/72/EC – Article 3(5) and (7) – Consumer protection – Right to switch supplier – Non-household customer – Fixed-term, fixed-price electricity supply contract concluded with a small undertaking – Contractual penalty for early termination – National legislation limiting the amount of that penalty to the ‘costs and damages resulting from the contract’.#Case C-371/22.

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22344

Judgment of the Court (Fifth Chamber) of 11 January 2024.#G sp. z o.o. v W S.A.#Request for a preliminary ruling from the Sąd Okręgowy w Warszawie.#Reference for a preliminary ruling – Internal market in electricity – Directive 2009/72/EC – Article 3(5) and (7) – Consumer protection – Right to switch supplier – Non-household customer – Fixed-term, fixed-price electricity supply contract concluded with a small undertaking – Contractual penalty for early termination – National legislation limiting the amount of that penalty to the ‘costs and damages resulting from the contract’.#Case C-371/22.

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22345

Judgment of the Court (Fifth Chamber) of 11 January 2024.#Planistat Europe and Hervé-Patrick Charlot v European Commission.#Appeal – Second paragraph of Article 340 TFEU – Non-contractual liability of the European Union – Regulation (EC) No 1073/1999 – Investigations conducted by the European Anti-Fraud Office (OLAF) – External investigation by OLAF – ‘Eurostat’ case – Forwarding by OLAF of information concerning matters liable to result in criminal proceedings to the national judicial authorities before the conclusion of the investigation – Filing of a complaint by the European Commission before the conclusion of the OLAF investigation – National criminal proceedings – Ruling that there is no need to adjudicate which has become final – Concept of a ‘sufficiently serious breach’ of a rule of EU law intended to confer rights on individuals – Material and non-material damage allegedly suffered by the appellants – Actions for damages.#Case C-363/22 P.

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22346

Judgment of the Court (Fifth Chamber) of 11 January 2024.#Planistat Europe and Hervé-Patrick Charlot v European Commission.#Appeal – Second paragraph of Article 340 TFEU – Non-contractual liability of the European Union – Regulation (EC) No 1073/1999 – Investigations conducted by the European Anti-Fraud Office (OLAF) – External investigation by OLAF – ‘Eurostat’ case – Forwarding by OLAF of information concerning matters liable to result in criminal proceedings to the national judicial authorities before the conclusion of the investigation – Filing of a complaint by the European Commission before the conclusion of the OLAF investigation – National criminal proceedings – Ruling that there is no need to adjudicate which has become final – Concept of a ‘sufficiently serious breach’ of a rule of EU law intended to confer rights on individuals – Material and non-material damage allegedly suffered by the appellants – Actions for damages.#Case C-363/22 P.

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22348

Judgment of the Court (Fourth Chamber) of 11 January 2024.#Industria de Diseño Textil, SA (Inditex) v Buongiorno Myalert SA.#Request for a preliminary ruling from the Tribunal Supremo.#Reference for a preliminary ruling – Trade marks – Directive 2008/95/EC – Article 6(1)(c) – Limitation of the effects of the trade mark – Use of a trade mark to indicate the intended purpose of a product or service – Directive (EU) 2015/2436 – Article 14(1)(c).#Case C-361/22.

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22349

Judgment of the Court (Fifth Chamber) of 11 January 2024.#Friends of the Irish Environment CLG v Minister for Agriculture Food and the Marine and Others.#Reference for a preliminary ruling – Common fisheries policy – Conservation of resources – Total allowable catches (TACs) applicable to stocks of cod in the West of Scotland and the Celtic Sea, whiting in the Irish Sea and plaice in the Celtic Sea South – Regulation (EU) 2020/123 – Regulation (EU) 2020/123 – Annex IA – TACs above zero – Expiry of the period of application – Assessment of validity – Regulation (EU) No 1380/2013 – Article 2(2), second subparagraph – Objective of achieving a maximum sustainable yield (MSY) exploitation rate at the latest by 2020 for all stocks – Articles 2, 3, 9, 10, 15 and 16 – Socioeconomic and employment objectives – Best available scientific advice – Landing obligation – Mixed fisheries – ‘Choke species’ – Regulation (EU) 2019/472 – Articles 1 to 5, 8 and 10 – Target stocks – By-catches – Remedial measures – Discretion.#Case C-330/22.

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22350

Judgment of the Court (Fifth Chamber) of 11 January 2024.#Friends of the Irish Environment CLG v Minister for Agriculture Food and the Marine and Others.#Request for a preliminary ruling from the High Court (Irlande).#Reference for a preliminary ruling – Common fisheries policy – Conservation of resources – Total allowable catches (TACs) applicable to stocks of cod in the West of Scotland and the Celtic Sea, whiting in the Irish Sea and plaice in the Celtic Sea South – Regulation (EU) 2020/123 – Regulation (EU) 2020/123 – Annex IA – TACs above zero – Expiry of the period of application – Assessment of validity – Regulation (EU) No 1380/2013 – Article 2(2), second subparagraph – Objective of achieving a maximum sustainable yield (MSY) exploitation rate at the latest by 2020 for all stocks – Articles 2, 3, 9, 10, 15 and 16 – Socioeconomic and employment objectives – Best available scientific advice – Landing obligation – Mixed fisheries – ‘Choke species’ – Regulation (EU) 2019/472 – Articles 1 to 5, 8 and 10 – Target stocks – By-catches – Remedial measures – Discretion.#Case C-330/22.

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22351

Judgment of the Court (Fourth Chamber) of 11 January 2024.#Societatea Civilă Profesională de Avocaţi AB & CD v Consiliul Judeţean Suceava and Others.#Reference for a preliminary ruling – Environment – Aarhus Convention – Article 9(3) to (5) – Access to justice – Law firm partnership – Action seeking to challenge administrative measures – Admissibility – Conditions laid down by national law – No impairment of a right or undermining of a legitimate interest – Not prohibitively expensive judicial proceedings – Allocation of costs – Criteria.#Case C-252/22.

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22352

Judgment of the Court (Fourth Chamber) of 11 January 2024.#Societatea Civilă Profesională de Avocaţi AB & CD v Consiliul Judeţean Suceava and Others.#Request for a preliminary ruling from the Curtea de Apel Târgu-Mureş.#Reference for a preliminary ruling – Environment – Aarhus Convention – Article 9(3) to (5) – Access to justice – Law firm partnership – Action seeking to challenge administrative measures – Admissibility – Conditions laid down by national law – No impairment of a right or undermining of a legitimate interest – Not prohibitively expensive judicial proceedings – Allocation of costs – Criteria.#Case C-252/22.

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22353

Judgment of the Court (Third Chamber) of 11 January 2024.#État belge v Autorité de protection des données.#Reference for a preliminary ruling – Approximation of laws – Protection of natural persons with regard to the processing of personal data and free movement of such data (General Data Protection Regulation) – Regulation (EU) 2016/679 – Point 7 of Article 4 – Concept of ‘controller’ – Official journal of a Member State – Obligation to publish as they stand company documents prepared by companies or their legal representatives – Article 5(2) – Successive processing of the personal data contained in such documents by several separate persons or entities – Determination of responsibilities.#Case C-231/22.

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22354

Judgment of the Court (Third Chamber) of 11 January 2024.#État belge v Autorité de protection des données.#Request for a preliminary ruling from the cour d'appel de Bruxelles.#Reference for a preliminary ruling – Approximation of laws – Protection of natural persons with regard to the processing of personal data and free movement of such data (General Data Protection Regulation) – Regulation (EU) 2016/679 – Point 7 of Article 4 – Concept of ‘controller’ – Official journal of a Member State – Obligation to publish as they stand company documents prepared by companies or their legal representatives – Article 5(2) – Successive processing of the personal data contained in such documents by several separate persons or entities – Determination of responsibilities.#Case C-231/22.

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22355

Judgment of the Court (Fourth Chamber) of 11 January 2024.#Dyson Ltd and Others v European Commission.#Appeal – Energy – Directive 2010/30/EU – Indication by labelling and standard product information of the consumption of energy and other resources by energy-related products – Delegated regulation of the European Commission supplementing that directive – Energy labelling of vacuum cleaners – Annulment – Actions for damages – Non-contractual liability of the European Union – Requirement of a sufficiently serious breach of a rule of law intended to confer rights on individuals – Manifest and grave disregard for the limits of discretion – Relevant factors in the case of the absence of any discretion.#Case C-122/22 P.

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22356

Judgment of the Court (Fourth Chamber) of 11 January 2024.#Dyson Ltd and Others v European Commission.#Appeal – Energy – Directive 2010/30/EU – Indication by labelling and standard product information of the consumption of energy and other resources by energy-related products – Delegated regulation of the European Commission supplementing that directive – Energy labelling of vacuum cleaners – Annulment – Actions for damages – Non-contractual liability of the European Union – Requirement of a sufficiently serious breach of a rule of law intended to confer rights on individuals – Manifest and grave disregard for the limits of discretion – Relevant factors in the case of the absence of any discretion.#Case C-122/22 P.

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22357

Judgment of the Court (First Chamber) of 11 January 2024.#Helene Hamers v European Centre for the Development of Vocational Training (Cedefop).#Appeal – Civil service – Official – Investigation by the European Anti-Fraud Office (OLAF) – National criminal proceedings – National decision to acquit the appellant – Damage allegedly sustained as a result of the unlawful conduct of the European Centre for the Development of Vocational Training (Cedefop) during the national criminal proceedings – Rejection of the claim for damages brought by the appellant – Action for annulment and for damages – Article 41(1) of the Charter of Fundamental Rights of the European Union – Requirement of impartiality – Conflict of interests – Article 48(1) of the Charter of Fundamental Rights – Presumption of innocence – Principle of sincere cooperation – Annulment of the contested decision in part.#Case C-111/22 P.

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22358

Judgment of the Court (First Chamber) of 11 January 2024.#Helene Hamers v European Centre for the Development of Vocational Training (Cedefop).#Appeal – Civil service – Official – Investigation by the European Anti-Fraud Office (OLAF) – National criminal proceedings – National decision to acquit the appellant – Damage allegedly sustained as a result of the unlawful conduct of the European Centre for the Development of Vocational Training (Cedefop) during the national criminal proceedings – Rejection of the claim for damages brought by the appellant – Action for annulment and for damages – Article 41(1) of the Charter of Fundamental Rights of the European Union – Requirement of impartiality – Conflict of interests – Article 48(1) of the Charter of Fundamental Rights – Presumption of innocence – Principle of sincere cooperation – Annulment of the contested decision in part.#Case C-111/22 P.

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22359

Opinion of Advocate General Szpunar delivered on 11 January 2024.#Airbnb Ireland UC and Amazon Services Europe Sàrl v Autorità per le Garanzie nelle Comunicazioni.#Requests for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio.#Reference for a preliminary ruling – Freedom to provide services – Providers of information society services – Obligation to be entered in the register of communications operators – Obligation to provide information on structure and organisation – Obligation to make a financial contribution – Directive 2000/31/EC – Coordinated field – Principle of control in the home Member State – Exemptions – Concept of measures ‘taken against a given information society service’ – Regulation (EU) 2019/1150 – Objective.#Joined Cases C-662/22 and C-667/22.#Expedia Inc. v Autorità per le Garanzie nelle Comunicazioni.#Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio.#Reference for a preliminary ruling – Regulation (EU) 2019/1150 – Articles 1, 15, 16 and 18 – Objective – Application – Monitoring – Review – Measures adopted by a Member State – Obligation to provide information on the economic situation of a provider of online intermediation services.#Case C-663/22.#Google Ireland Ltd and Eg Vacation Rentals Ireland Ltd v Autorità per le Garanzie nelle Comunicazioni.#Requests for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio.#Reference for a preliminary ruling – Freedom to provide services – Providers of information society services – Obligation to be entered in the register of communication operators – Obligation to provide information on structure and organisation – Obligation to pay a financial contribution – Directive 2000/31/EC – Coordinated field – Principle of control in the home Member State – Exemptions – Concept of measures ‘taken against a given information society service’ – Regulation (EU) 2019/1150 – Objective.#Joined Cases C-664/22 and C-666/22.#Amazon Services Europe Sàrl v Autorità per le Garanzie nelle Comunicazioni.#Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio.#Reference for a preliminary ruling – Freedom to provide services – Providers of information society services – Obligation to provide information on the economic situation of a provider of online intermediation services – Directive 2000/31/EC – Coordinated field – Principle of control in the home Member State – Exemptions – Concept of measures ‘taken against a given information society service’ – Regulation (EU) 2019/1150 – Objective.#Case C-665/22.

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22360

Opinion of Advocate General Szpunar delivered on 11 January 2024.#AB Volvo v Transsaqui S.L.#Request for a preliminary ruling from the Tribunal Supremo.#Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EC) No 1393/2007 – Service of judicial and extrajudicial documents – Action for compensation for damage caused by a practice prohibited by Article 101(1) TFEU and by Article 53 of the Agreement on the European Economic Area – Document instituting proceedings served at the seat of a subsidiary of the defendant – Validity of the writ of summons – Charter of Fundamental Rights of the European Union – Article 47 – Right to effective judicial protection.#Case C-632/22.

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