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
29641

Judgment of the Court (Second Chamber) of 16 March 2023.#Towercast v Autorité de la concurrence and Ministère de l’Économie.#Reference for a preliminary ruling – Competition – Control of concentrations between undertakings – Regulation (EC) No 139/2004 – Article 21(1) – Exclusive application of that regulation to operations covered by the concept of ‘concentration’ – Scope – Concentration operation which has no Community dimension, is below the thresholds for mandatory ex ante control laid down in the law of a Member State and has not been referred to the European Commission – Control of such an operation by the competition authorities of that Member State in the light of Article 102 TFEU – Whether permissible.#Case C-449/21.

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Judgment of the Court (Second Chamber) of 16 March 2023.#Towercast v Autorité de la concurrence and Ministère de l’Économie.#Request for a preliminary ruling from the Cour d'appel de Paris.#Reference for a preliminary ruling – Competition – Control of concentrations between undertakings – Regulation (EC) No 139/2004 – Article 21(1) – Exclusive application of that regulation to operations covered by the concept of ‘concentration’ – Scope – Concentration operation which has no Community dimension, is below the thresholds for mandatory ex ante control laid down in the law of a Member State and has not been referred to the European Commission – Control of such an operation by the competition authorities of that Member State in the light of Article 102 TFEU – Whether permissible.#Case C-449/21.

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Judgment of the Court (Fourth Chamber) of 16 March 2023.#European Commission and Others v Pharmaceutical Works Polpharma S.A.#Appeal – Public health – Medicinal products for human use – Directive 2001/83/EC – Regulation (EC) No 726/2004 – Application for marketing authorisation for a generic version of the medicinal product Tecfidera – Decision of the European Medicines Agency (EMA) not to validate the application for marketing authorisation – Earlier European Commission decision taking the view that Tecfidera was not covered by the same global marketing authorisation as Fumaderm – Previously authorised combination medicinal product – Subsequent marketing authorisation for a component of the combination medicinal product – Assessment of the existence of a global marketing authorisation.#Joined Cases C-438/21 P to C-440/21 P.

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Judgment of the Court (Fourth Chamber) of 16 March 2023.#European Commission and Others v Pharmaceutical Works Polpharma S.A.#Appeal – Public health – Medicinal products for human use – Directive 2001/83/EC – Regulation (EC) No 726/2004 – Application for marketing authorisation for a generic version of the medicinal product Tecfidera – Decision of the European Medicines Agency (EMA) not to validate the application for marketing authorisation – Earlier European Commission decision taking the view that Tecfidera was not covered by the same global marketing authorisation as Fumaderm – Previously authorised combination medicinal product – Subsequent marketing authorisation for a component of the combination medicinal product – Assessment of the existence of a global marketing authorisation.#Joined Cases C-438/21 P to C-440/21 P.

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Judgment of the Court (Fifth Chamber) of 16 March 2023.#ZG v Beobank SA.#Reference for a preliminary ruling – Approximation of laws – Payment services in the internal market – Directive 2007/64/EC – Article 47(1)(a) – Information for the payer after receipt of the payment order – Articles 58, 60 and 61 – Payment service provider’s liability for unauthorised transactions – Obligation of that service provider to refund unauthorised transactions to the payer – Framework contracts – Obligation of that service provider to provide that payer with information relating to the payee concerned.#Case C-351/21.

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29646

Judgment of the Court (Fifth Chamber) of 16 March 2023.#ZG v Beobank SA.#Request for a preliminary ruling from the Justice de paix du canton de Forest.#Reference for a preliminary ruling – Approximation of laws – Payment services in the internal market – Directive 2007/64/EC – Article 47(1)(a) – Information for the payer after receipt of the payment order – Articles 58, 60 and 61 – Payment service provider’s liability for unauthorised transactions – Obligation of that service provider to refund unauthorised transactions to the payer – Framework contracts – Obligation of that service provider to provide that payer with information relating to the payee concerned.#Case C-351/21.

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Judgment of the Court (Fifth Chamber) of 16 March 2023.#Colt Technology Services SpA and Others v Ministero della Giustizia and Others.#Reference for a preliminary ruling – Electronic communications networks and services – Directive (EU) 2018/1972 – Article 13 – Conditions attached to the general authorisation – Annex I, Part A, point 4 – Enabling of legal interception by competent national authorities – Article 3 – General objectives – National legislation on the reimbursement of costs associated with interception activities that telecommunications operators are ordered by the judicial authorities to carry out – Absence of full reimbursement mechanism – Principles of non-discrimination, proportionality and transparency.#Case C-339/21.

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29648

Judgment of the Court (Fifth Chamber) of 16 March 2023.#Colt Technology Services SpA and Others v Ministero della Giustizia and Others.#Request for a preliminary ruling from the Consiglio di Stato.#Reference for a preliminary ruling – Electronic communications networks and services – Directive (EU) 2018/1972 – Article 13 – Conditions attached to the general authorisation – Annex I, Part A, point 4 – Enabling of legal interception by competent national authorities – Article 3 – General objectives – National legislation on the reimbursement of costs associated with interception activities that telecommunications operators are ordered by the judicial authorities to carry out – Absence of full reimbursement mechanism – Principles of non-discrimination, proportionality and transparency.#Case C-339/21.

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Judgment of the Court (Third Chamber) of 16 March 2023.#European Commission v Republic of Bulgaria.#Failure of a Member State to fulfil obligations – Directive 2008/50/EC – Ambient air quality – Judgment of the Court establishing a failure to fulfil obligations – Article 260(2) TFEU – Obligation to take the necessary measures to comply with such a judgment – Failure to fulfil that obligation alleged by the European Commission – Lack of clarity of the letter of formal notice as to whether the judgment still had to be complied with on the reference date – Principle of legal certainty – Inadmissibility.#Case C-174/21.

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Judgment of the Court (Third Chamber) of 16 March 2023.#European Commission v Republic of Bulgaria.#Failure of a Member State to fulfil obligations – Directive 2008/50/EC – Ambient air quality – Judgment of the Court establishing a failure to fulfil obligations – Article 260(2) TFEU – Obligation to take the necessary measures to comply with such a judgment – Failure to fulfil that obligation alleged by the European Commission – Lack of clarity of the letter of formal notice as to whether the judgment still had to be complied with on the reference date – Principle of legal certainty – Inadmissibility.#Case C-174/21.

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29653

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

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Opinion of Advocate General Pikamäe delivered on 16 March 2023.#OQ v Land Hessen.#Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 22 – Automated individual decision-making – Credit information agencies – Automated establishment of a probability value concerning the ability of a person to meet payment commitments in the future (‘scoring’) – Use of that probability value by third parties.#Case C-634/21.

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29655

Opinion of Advocate General Collins delivered on 16 March 2023.#European Commission and Interessengemeinschaft der Grenzhändler (IGG) v Dansk Erhverv.#Appeal – State aid – Article 107(1) TFEU – Sale of canned beverages to residents of the Kingdom of Denmark – Sale without deposit on condition that the beverages purchased are exported – Non-imposition of a fine – Concept of ‘State aid’ – Concept of ‘State resources’ – Decision declaring the absence of aid – Action for annulment.#Joined Cases C-508/21 P and C-509/21 P.

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

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Case C-696/21 P: Judgment of the Court (Seventh Chamber) of 16 March 2023 — GABO:mi Gesellschaft für Ablauforganisation:milliarium mbH & Co. KG v European Commission (Appeal — Arbitration clause — Sixth and seventh framework programmes for research, technological development and demonstration activities (2002-2006 and 2007-2013) — ‘Horizon 2020’ Framework Programme for Research and Innovation (2014-2020) — Eligible costs — Set-off of claims — Claim for reimbursement — Admissibility of the application — Article 76(d) of the Rules of Procedure of the General Court of the European Union — Requirement of clarity and precision)

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29659

Case C-565/21, Caixabank (Loan arrangement fees): Judgment of the Court (Fourth Chamber) of 16 March 2023 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Caixabank, S.A. v X (Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Articles 3, 4 and 5 — Consumer contracts — Mortgage loans — Unfair contract terms — Term concerning loan arrangement fees — Application seeking a declaration of invalidity of that term and reimbursement of the amount paid on that basis — Plainness and intelligibility of the terms — Existence of specific national legislation)

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29660

Case C-522/21, Saatgut-Treuhandverwaltung (KWS Meridian): Judgment of the Court (Fourth Chamber) of 16 March 2023 (request for a preliminary ruling from the Pfälzisches Oberlandesgericht Zweibrücken — Germany) — MS v Saatgut-Treuhandverwaltungs GmbH (Reference for a preliminary ruling — Intellectual property — Protection of plant varieties — Regulation (EC) No 2100/94 — Derogation provided for in Article 14(3) — Article 94(2) — Infringement — Right to compensation — Regulation (EC) No 1768/95 — Article 18(2) — Compensation for damage — Minimum lump sum calculated on the basis of quadruple the licence fee — Competence of the European Commission — Invalidity)

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