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 (161340) cjeu_case (104315) decision (43225) directive (8067)
316,947 documents
32581

Judgment of the Court (Sixth Chamber) of 17 November 2022.#Proceedings brought by Spetsializirana prokuratura.#Request for a preliminary ruling from the Spetsializiran nakazatelen sad.#Reference for a preliminary ruling – Processing of personal data in the electronic communication sector – Confidentiality of communications – Providers of electronic communications services – General and indiscriminate retention of traffic and location data for a period of six months – Combatting serious crime – Access to the retained data – Informing data subjects – Right to bring an action – Directive 2002/58/EC – Article 15(1) and (2) – Directive (EU) 2016/680 – Articles 13 and 54 – Charter of Fundamental Rights of the European Union – Articles 7, 8, 11 and 47 and Article 52(1).#Case C-350/21.

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32582

Judgment of the Court (Seventh Chamber) of 17 November 2022.#VT v Ministero dell'Interno and Ministero dell'interno - Dipartimento della Pubblica Sicurezza - Direzione centrale per le risorse umane.#Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Article 21 of the Charter of Fundamental Rights of the European Union – Directive 2000/78/EC – Article 2(2), Article 4(1) and Article 6(1) – Prohibition of discrimination on grounds of age – National legislation fixing a maximum age limit of 30 years for the recruitment of police commissioners – Justifications.#Case C-304/21.

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Judgment of the Court (Seventh Chamber) of 17 November 2022.#VT v Ministero dell'Interno and Ministero dell'interno - Dipartimento della Pubblica Sicurezza - Direzione centrale per le risorse umane.#Request for a preliminary ruling from the Consiglio di Stato.#Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Article 21 of the Charter of Fundamental Rights of the European Union – Directive 2000/78/EC – Article 2(2), Article 4(1) and Article 6(1) – Prohibition of discrimination on grounds of age – National legislation fixing a maximum age limit of 30 years for the recruitment of police commissioners – Justifications.#Case C-304/21.

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32584

Judgment of the Court (Fourth Chamber) of 17 November 2022.#'TOYA' sp. z o.o. and Polska Izba Informatyki i Telekomunikacji v Prezes Urzędu Komunikacji Elektronicznej.#Reference for a preliminary ruling – Telecommunications – Directive 2002/19/EC (Access Directive) – Article 8(3) – Directive 2014/61/EU – Articles 1(3), 1(4) and 3(5) – Power of the national regulatory authority to impose ex ante regulatory conditions relating to access to the physical infrastructure of a network operator not having significant market power – Absence of a dispute relating to access.#Case C-243/21.

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Judgment of the Court (Fourth Chamber) of 17 November 2022.#'TOYA' sp. z o.o. and Polska Izba Informatyki i Telekomunikacji v Prezes Urzędu Komunikacji Elektronicznej.#Request for a preliminary ruling from the Sąd Okręgowy w Warszawie.#References for a preliminary ruling – Telecommunications – Directive 2002/19/EC (the Access Directive) – Article 8(3) – Directive 2014/61/EU – Article 1(3) and (4), and Article 3(5) – Power of the national regulatory authority to impose ex ante regulatory conditions relating to access to the physical infrastructure of a network operator not having significant market power – No dispute relating to access.#Case C-243/21.

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32588

Judgment of the Court (Third Chamber) of 17 November 2022.#X v Belgische Staat.#Reference for a preliminary ruling – Area of freedom, security and justice – Immigration policy – Directive 2003/86/EC – Article 2(f) – Article 10(3)(a) – Concept of ‘unaccompanied minor’ – Right to family reunification – Refugee minor who is married at the time of her entry into the territory of a Member State – Child marriage not recognised in that Member State – Cohabitation with the spouse lawfully residing in that Member State.#Case C-230/21.

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32589

Judgment of the Court (Third Chamber) of 17 November 2022.#X v Belgische Staat.#Request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen.#Reference for a preliminary ruling – Area of freedom, security and justice – Immigration policy – Directive 2003/86/EC – Article 2(f) – Article 10(3)(a) – Concept of ‘unaccompanied minor’ – Right to family reunification – Refugee minor who is married at the time of her entry into the territory of a Member State – Child marriage not recognised in that Member State – Cohabitation with the spouse lawfully residing in that Member State.#Case C-230/21.

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Judgment of the Court (Fifth Chamber) of 17 November 2022.#Harman International Industries, Inc. v AB SA.#Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Intellectual property – EU trade mark – Regulation (EU) 2017/1001 – Article 15 – Exhaustion of the rights conferred by a trade mark – Placing on the market within the European Economic Area (EEA) – Consent of the proprietor of the trade mark – Place of first marketing of products by the proprietor of the trade mark or with its consent – Proof – Directive 2004/48/EC – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Operative part of judicial decisions not identifying the products covered – Difficulties in implementation – Restricted scope of action before the competent court for enforcement – Fair trial – Rights of the defence – Principle of the equality of arms.#Case C-175/21.

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32591

Judgment of the Court (Fifth Chamber) of 17 November 2022.#Harman International Industries, Inc. v AB SA.#Request for a preliminary ruling from the Sąd Okręgowy w Warszawie.#Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Intellectual property – EU trade mark – Regulation (EU) 2017/1001 – Article 15 – Exhaustion of the rights conferred by a trade mark – Placing on the market within the European Economic Area (EEA) – Consent of the proprietor of the trade mark – Place of first marketing of products by the proprietor of the trade mark or with its consent – Proof – Directive 2004/48/EC – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Operative part of judicial decisions not identifying the products covered – Difficulties in implementation – Restricted scope of action before the competent court for enforcement – Fair trial – Rights of the defence – Principle of the equality of arms.#Case C-175/21.

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32592

Judgment of the Court (Fourth Chamber) of 17 November 2022.#Antea Polsk S.A., 'Pectore-Eco'' sp. z o.o., Instytut Ochrony Środowiska - Państwowy Instytut Badawczy v Państwowe Gospodarstwo Wodne Wody Polskie.#Reference for a preliminary ruling – Public procurement – Directive 2014/24/EU – Principles of awarding contracts – Article 18 – Transparency – Article 21 – Confidentiality – Insertion of those principles in the national legislation – Right of access to the essential content of the information provided by tenderers concerning their experience and references, concerning the persons proposed to carry out the contract and concerning the design of the proposed projects and the manner of performance – Article 67 – Contract award criteria – Criteria relating to the quality of the proposed work or services – Requirement of precision – Directive 89/665/EEC – Article 1(1) and (3) – Right to an effective remedy – Remedy in the event of infringement of that right on account of the refusal to grant access to non-confidential information.#Case C-54/21.

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32593

Judgment of the Court (Fourth Chamber) of 17 November 2022.#Antea Polsk S.A., 'Pectore-Eco'' sp. z o.o., Instytut Ochrony Środowiska - Państwowy Instytut Badawczy v Państwowe Gospodarstwo Wodne Wody Polskie.#Request for a preliminary ruling from the Krajowa Izba Odwoławcza.#Reference for a preliminary ruling – Public procurement – Directive 2014/24/EU – Principles of awarding contracts – Article 18 – Transparency – Article 21 – Confidentiality – Insertion of those principles in the national legislation – Right of access to the essential content of the information provided by tenderers concerning their experience and references, concerning the persons proposed to carry out the contract and concerning the design of the proposed projects and the manner of performance – Article 67 – Contract award criteria – Criteria relating to the quality of the proposed work or services – Requirement of precision – Directive 89/665/EEC – Article 1(1) and (3) – Right to an effective remedy – Remedy in the event of infringement of that right on account of the refusal to grant access to non-confidential information.#Case C-54/21.

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32594

Opinion of Advocate General Rantos delivered on 17 November 2022.#TB v Castorama Polska Sp. z o.o. and 'Knor' Sp. z o.o.#Request for a preliminary ruling from the Sąd Okręgowy w Warszawie.#Reference for a preliminary ruling – Intellectual property – Directive 2004/48/EC – Measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights – Right of information – Locus standi – Need to establish the existence of an intellectual property right in advance.#Case C-628/21.

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32595

Opinion of Advocate General Rantos delivered on 17 November 2022.#EEW Energy from Waste Großräschen GmbH v MNG Mitteldeutsche Netzgesellschaft Strom GmbH.#Request for a preliminary ruling from the Bundesgerichtshof.#Reference for a preliminary ruling – Environment – Directive 2009/28/EC – Promotion of energy from renewable energy sources – Article 16(2)(c) – Access to transmission and distribution grids – Priority access of electricity produced from renewable energy sources – Production from both renewable and conventional energy sources.#Case C-580/21.

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32596

Opinion of Advocate General Richard de la Tour delivered on 17 November 2022.#Staatssecretaris van Justitie en Veiligheid v E.N. and Others.#Request for a preliminary ruling from the Raad van State.#Reference for a preliminary ruling – Regulation (EU) No 604/2013 – Determination of the Member State responsible for examining an application for international protection – Article 27 – Appeal against a decision to transfer an asylum seeker – Article 29 – Transfer time limit – Suspension of that time limit on appeal – Interim measure requested by the authorities.#Case C-556/21.

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32598

Opinion of Advocate General Richard de la Tour delivered on 17 November 2022.#Staatssecretaris van Justitie en Veiligheid v S.S. and Others.#Request for a preliminary ruling from the Raad van State.#Reference for a preliminary ruling – Regulation (EU) No 604/2013 – Determination of the Member State responsible for examining an application for international protection – Article 27 – Appeal against a transfer decision taken in respect of an asylum seeker – Article 29 – Suspension of implementation of the transfer decision – Transfer time limit – Interruption of the transfer time limit – Directive 2004/81/EC – Residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities – Article 6 – Reflection period – Prohibition on enforcing an expulsion order – Remedies.#Case C-338/21.

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32599

Opinion of Advocate General Kokott delivered on 17 November 2022.#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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32600

Opinion of Advocate General Ćapeta delivered on 17 November 2022.#Changmao Biochemical Engineering Co. Ltd v European Commission.#Appeal – Dumping – Imports of tartaric acid originating in China – Determination of normal value – Regulation (EU) 2016/1036 – Article 2(7) – Protocol on the Accession of the People’s Republic of China to the World Trade Organisation (WTO) – Article 15 – Determination of the state of vulnerability of the European Union industry – Determination of the existence of a threat of injury.#Case C-123/21 P.

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