Documents of European Union

Supranational union of 27 member states. Official acts (regulations, directives, decisions) are published via the Publications Office of the EU (Cellar/EUR-Lex). Case law of the Court of Justice of the EU (CJEU) is also an EU body.

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regulation (161334) cjeu_case (104314) decision (43198) directive (8067)
316,913 documents
25721

Judgment of the Court (First Chamber) of 14 September 2023.#Volkswagen Group Italia SpA and Volkswagen Aktiengesellschaft v Autorità Garante della Concorrenza e del Mercato.#Reference for a preliminary ruling – Article 50 of the Charter of Fundamental Rights of the European Union – Principle ne bis in idem – Penalty imposed concerning unfair commercial practices – Criminal nature of the penalty – Criminal penalty imposed in a Member State after the adoption of a penalty concerning unfair commercial practices in another Member State but which became final before the latter penalty – Article 52(1) – Limitations to the principle ne bis in idem – Conditions – Coordination of proceedings and penalties.#Case C-27/22.

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25722

Judgment of the Court (First Chamber) of 14 September 2023.#Volkswagen Group Italia SpA and Volkswagen Aktiengesellschaft v Autorità Garante della Concorrenza e del Mercato.#Request for a preliminary ruling from the Consiglio di Stato.#Reference for a preliminary ruling – Article 50 of the Charter of Fundamental Rights of the European Union – Principle ne bis in idem – Penalty imposed concerning unfair commercial practices – Criminal nature of the penalty – Criminal penalty imposed in a Member State after the adoption of a penalty concerning unfair commercial practices in another Member State but which became final before the latter penalty – Article 52(1) – Limitations to the principle ne bis in idem – Conditions – Coordination of proceedings and penalties.#Case C-27/22.

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25723

Opinion of Advocate General Campos Sánchez-Bordona delivered on 14 September 2023.#SIA 'DOBELES AUTOBUSU PARKS' and Others v Iepirkumu uzraudzības birojs and VSIA 'Autotransporta direkcija'.#Request for a preliminary ruling from the Augstākā tiesa (Senāts).#Reference for a preliminary ruling – Transport – Public passenger transport services by rail and by road – Regulation (EC) No 1370/2007 – Article 1(1) – Article 2a(2) – Article 3(1) – Article 4(1) – Article 6(1) – Contract for the provision of public passenger transport services by bus – Procedure for awarding a public service contract – Open, transparent and non-discriminatory tendering procedure – Specifications – Amount of compensation granted by the competent national authority – Indexation limited in terms of time and categories of specific costs – Spreading of risk.#Case C-421/22.

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25724

Opinion of Advocate General Pikamäe delivered on 14 September 2023.#AHY v Minister for Justice.#Request for a preliminary ruling from the High Court (Ireland).#Reference for a preliminary ruling – Asylum policy – Determining the Member State responsible for examining an application for international protection – Regulation (EU) No 604/2013 – Transfer of the asylum seeker to the Member State responsible for examining the application for international protection – Article 17(1) – Discretionary clause – Article 27(1) and (3) and Article 29(3) – Article 47 of the Charter of Fundamental Rights of the European Union – Remedies – Suspensive effect.#Case C-359/22.

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25726

Opinion of Advocate General Ćapeta delivered on 14 September 2023.#SO.#Request for a preliminary ruling from the Unabhängige Schiedskommission Wien.#Reference for a preliminary ruling – Admissibility – Article 267 TFEU – Concept of ‘court or tribunal’ – National arbitration committee competent to combat doping in sport – Criteria – Independence of the body making the reference – Principle of effective judicial protection – Inadmissibility of the request for a preliminary ruling.#Case C-115/22.

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25727

Opinion of Advocate General Pikamäe delivered on 14 September 2023.#European Commission v Czech Republic.#Failure of a Member State to fulfil obligations – Directive 2005/36/EC – Recognition of professional qualifications – Article 3(1)(g) and (h) – Obligation for the Member States to ensure that the competent authorities of the host Member State determine the status of persons undergoing an adaptation period or preparing themselves for an aptitude test – Article 7(3) – Obligation for Member States to ensure that, in particular, veterinary surgeons and architects have the possibility to provide services, within the framework of the freedom to provide services, under the professional title of the host Member State – Article 45(2)(c), (f) and, in part, (e) – Obligation for the Member States to ensure that the holders of evidence of formal qualifications in pharmacy at university level or a level recognised as equivalent, which satisfies the requirements of Article 44 of that directive, are able to gain access to at least the activities referred to in Article 45(2) of that directive, subject to the requirement, where appropriate, of supplementary professional experience – Article 51(1) – Obligation for the Member States to ensure that the competent authority of the host Member State has a time limit of one month within which to acknowledge receipt of the application for recognition of professional qualifications and to inform the applicant of any missing document – Not transposed into national law.#Case C-75/22.

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25728

Case C-393/22, EXTÉRIA: Judgment of the Court (Seventh Chamber) of 14 September 2023 (request for a preliminary ruling from the Nejvyšší soud — Czech Republic) — EXTÉRIA s.r.o. v Spravime, s.r.o. (Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and enforcement of judgments in civil and commercial matters — Regulation (EU) No 1215/2012 — Special jurisdiction in matters relating to a contract — Article 7(1)(b) — Concept of contract for the ‘provision of services’ — Termination of a contract to enter into a future contract relating to the future conclusion of a franchise agreement)

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25729

Case C-246/22, Staatsanwaltschaft Köln and Bundesamt für Güterverkehr (Transport of empty containers): Judgment of the Court (Seventh Chamber) of 14 September 2023 (request for a preliminary ruling from the Amtsgericht Köln — Germany) — BW (Reference for a preliminary ruling — Transport operations — Combined transport of goods between Member States — Directive 92/106/EEC — International carriage of goods by road — Regulation (EC) No 1072/2009 — Transport of empty containers before loading or after unloading of goods in the context of combined transport — Non-applicability of the provisions relating to cabotage operations)

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25730

Case C-124/22 P: Judgment of the Court (Tenth Chamber) of 14 September 2023 — Zoi Apostolopoulou, Anastasia Apostolopoulou-Chrysanthaki v European Union, represented by the European Commission (Appeal — Non-contractual liability of the European Union — Grant agreements concluded in the context of various European programmes — Judgments of the General Court finding a breach of contractual terms by the beneficiary company — Partnership governed by Greek law — Company placed under liquidation — Proceedings before the national courts brought against the partners in the beneficiary company, seeking enforcement of the judgments of the General Court ordering recovery of the grants — Allegedly false assertions made by the European Commission in the national proceedings — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Rule of EU law)

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25731

Case C-113/22, TGSS (Refusal of the maternity supplement): Judgment of the Court (Second Chamber) of 14 September 2023 (request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia — Spain) — DX v Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS) (Reference for a preliminary ruling — Social policy — Directive 79/7/EEC — Equal treatment for men and women in matters of social security — Article 6 — National legislation providing for the right to a pension supplement only for women — Preliminary ruling from the Court from which it may be held that that legislation constitutes direct discrimination on grounds of sex — Administrative practice of continuing to apply that legislation despite that ruling — Separate discrimination — Pecuniary damages — Reimbursement of expenditure relating to costs and lawyers’ fees)

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25732

Case C-83/22, Tuk Tuk Travel: Judgment of the Court (Second Chamber) of 14 September 2023 (request for a preliminary ruling from the Juzgado de Primera Instancia No 5 de Cartagena — Spain) — RTG v Tuk Tuk Travel S.L. (Reference for a preliminary ruling — Directive (EU) 2015/2302 — Article 5 — Package travel and linked travel arrangements — Termination of a package travel contract — Unavoidable and extraordinary circumstances — COVID-19 pandemic — Right to terminate the contract — Request for full refund — Information obligation on the travel organiser — Article 12 — Application of the principles of the delimitation of the subject matter of an action by the parties and of the correlation between the claims put forward in the action and the rulings contained in the operative part — Effective protection of the consumer — Examination of its own motion by the national court — Conditions)

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25733

Case C-55/22, Bezirkshauptmannschaft Feldkirch: Judgment of the Court (Sixth Chamber) of 14 September 2023 (request for a preliminary ruling from the Landesverwaltungsgericht Vorarlberg — Austria) — NK v Bezirkshauptmannschaft Feldkirch (Reference for a preliminary ruling — Article 50 of the Charter of Fundamental Rights of the European Union — Principle ne bis in idem — Final termination of a first set of proceedings brought for an infringement of a provision of national legislation on games of chance — Administrative penalty of a criminal nature imposed for the same acts for an infringement of a different provision of that legislation — First set of proceedings terminated on account of an incorrect legal classification of the offence committed)

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25734

Case C-27/22, Volkswagen Group Italia and Volkswagen Aktiengesellschaft: Judgment of the Court (First Chamber) of 14 September 2023 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Volkswagen Group Italia SpA, Volkswagen Aktiengesellschaft v Autorità Garante della Concorrenza e del Mercato (Reference for a preliminary ruling — Article 50 of the Charter of Fundamental Rights of the European Union — Principle ne bis in idem — Penalty imposed concerning unfair commercial practices — Criminal nature of the penalty — Criminal penalty imposed in a Member State after the adoption of a penalty concerning unfair commercial practices in another Member State but which became final before the latter penalty — Article 52(1) — Limitations to the principle ne bis in idem — Conditions — Coordination of proceedings and penalties)

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25735

Judgment of the Court (Seventh Chamber) of 14 September 2023.#NM v Club La Costa (UK) plc and Others.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Special jurisdiction – Jurisdiction over consumer contracts – Article 18(1) – Concept of ‘other party to a contract’ – Article 63 – Domicile of a legal person – Regulation No 593/2008 – Law applicable to contractual obligations – Choice of applicable law – Article 3 – Freedom of choice – Article 6 – Consumer contracts – Limits – Contract concluded with a consumer concerning timeshare rights in tourist accommodation by a means of a points scheme.#Case C-821/21.

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25736

Judgment of the Court (Seventh Chamber) of 14 September 2023.#NM v Club La Costa (UK) plc and Others.#Request for a preliminary ruling from the Juzgado de Primera Instancia de Fuengirola.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Special jurisdiction – Jurisdiction over consumer contracts – Article 18(1) – Concept of ‘other party to a contract’ – Article 63 – Domicile of a legal person – Regulation No 593/2008 – Law applicable to contractual obligations – Choice of applicable law – Article 3 – Freedom of choice – Article 6 – Consumer contracts – Limits – Contract concluded with a consumer concerning timeshare rights in tourist accommodation by a means of a points scheme.#Case C-821/21.

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25737

Judgment of the Court (Fourth Chamber) of 14 September 2023.#'Vinal' AD v Direktor na Agentsia 'Mitnitsi'.#Reference for a preliminary ruling – Excise duty – Directive 2008/118/EC – Article 16 – Tax warehouse arrangements – Conditions for the grant of an authorisation for the opening and operation of a tax warehouse by an authorised warehousekeeper – Failure to satisfy those conditions – Final withdrawal of the authorisation, together with the imposition of a financial penalty – Article 50 of the Charter of Fundamental Rights of the European Union – Ne bis in idem principle – Proportionality.#Case C-820/21.

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25738

Judgment of the Court (Fourth Chamber) of 14 September 2023.#'Vinal' AD v Direktor na Agentsia 'Mitnitsi'.#Request for a preliminary ruling from the Administrativen sad Sofia-grad.#Reference for a preliminary ruling – Excise duty – Directive 2008/118/EC – Article 16 – Tax warehouse arrangements – Conditions for the grant of an authorisation for the opening and operation of a tax warehouse by an authorised warehousekeeper – Failure to satisfy those conditions – Final withdrawal of the authorisation, together with the imposition of a financial penalty – Article 50 of the Charter of Fundamental Rights of the European Union – Ne bis in idem principle – Proportionality.#Case C-820/21.

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25739

Judgment of the Court (Seventh Chamber) of 14 September 2023.#JF and NS v Diamond Resorts Europe Limited (Branch in Spain) and Others.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 593/2008 – Law applicable to contractual obligations – Scope – Timeshare contracts – Legal proceedings seeking a declaration that those contracts are void – United Kingdom nationals – Choice of applicable law – Article 3 – Freedom of choice – Article 4(1)(b) and (c) – Applicable law in the absence of a choice made by the parties – Article 6 – Consumer contracts – Limits.#Case C-632/21.

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25740

Judgment of the Court (Seventh Chamber) of 14 September 2023.#JF and NS v Diamond Resorts Europe Limited (Branch in Spain) and Others.#Request for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción - Granadilla de Abona.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 593/2008 – Law applicable to contractual obligations – Scope – Timeshare contracts – Legal proceedings seeking a declaration that those contracts are void – United Kingdom nationals – Choice of applicable law – Article 3 – Freedom of choice – Article 4(1)(b) and (c) – Applicable law in the absence of a choice made by the parties – Article 6 – Consumer contracts – Limits.#Case C-632/21.

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