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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316,947 documents
33021

Judgment of the Court (Seventh Chamber) of 27 October 2022.#Instituto do Cinema e do Audiovisual, I.P. v NOWO Communications, S.A.#Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Services consisting in the creation and production of cinematographic and audiovisual works – Operators of subscription television services – Subscription fee payable by subscription television operators – Allocation of the revenue from the fee – Restriction – Effects too uncertain or too indirect.#Case C-411/21.

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33022

Judgment of the Court (Seventh Chamber) of 27 October 2022.#Instituto do Cinema e do Audiovisual, I.P. v NOWO Communications, S.A.#Request for a preliminary ruling from the Supremo Tribunal Administrativo.#Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Services consisting in the creation and production of cinematographic and audiovisual works – Operators of subscription television services – Subscription fee payable by subscription television operators – Allocation of the revenue from the fee – Restriction – Effects too uncertain or too indirect.#Case C-411/21.

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33023

Judgment of the Court (Eighth Chamber) of 27 October 2022.#ADPA European Independent Automotive Data Publishers and Gesamtverband Autoteile-Handel eV v Automobiles PEUGEOT SA and PSA Automobiles SA.#Reference for a preliminary ruling – Market for vehicle repair and maintenance information services – Regulation (EU) 2018/858 – Article 61 – Obligation on automotive manufacturers to provide vehicle repair and maintenance information – Scope – Right of access to that information – Independent operators – Publishers of technical information – Article 63 – Reasonable and proportionate fees for access.#Case C-390/21.

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33024

Judgment of the Court (Eighth Chamber) of 27 October 2022.#ADPA European Independent Automotive Data Publishers and Gesamtverband Autoteile-Handel eV v Automobiles PEUGEOT SA and PSA Automobiles SA.#Request for a preliminary ruling from the Landgericht Köln.#Reference for a preliminary ruling – Market for vehicle repair and maintenance information services – Regulation (EU) 2018/858 – Article 61 – Obligation on automotive manufacturers to provide vehicle repair and maintenance information – Scope – Right of access to that information – Independent operators – Publishers of technical information – Article 63 – Reasonable and proportionate fees for access.#Case C-390/21.

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33025

Judgment of the Court (Fifth Chamber) of 27 October 2022.#Soda-Club (CO2) SA and SodaStream International BV v MySoda Oy.#Reference for a preliminary ruling – Trade-mark law – Regulation (EU) 2017/1001 – Article 15(2) – Directive (EU) 2015/2436 – Article 15(2) – Exhaustion of the rights conferred by a trade mark – Cylinders containing carbon dioxide – Placing on the market by the trade mark proprietor of carbon dioxide cylinders intended to be reused and refilled numerous times – Activity of a reseller consisting in refilling and relabelling cylinders leaving visible the original mark – Opposition brought by the trade mark proprietor – Legitimate reasons to oppose further commercialisation of the goods bearing the trade mark.#Case C-197/21.

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33026

Judgment of the Court (Fifth Chamber) of 27 October 2022.#Soda-Club (CO2) SA and SodaStream International BV v MySoda Oy.#Request for a preliminary ruling from the Korkein oikeus.#Reference for a preliminary ruling – Trade-mark law – Regulation (EU) 2017/1001 – Article 15(2) – Directive (EU) 2015/2436 – Article 15(2) – Exhaustion of the rights conferred by a trade mark – Cylinders containing carbon dioxide – Placing on the market by the trade mark proprietor of carbon dioxide cylinders intended to be reused and refilled numerous times – Activity of a reseller consisting in refilling and relabelling cylinders leaving visible the original mark – Opposition brought by the trade mark proprietor – Legitimate reasons to oppose further commercialisation of the goods bearing the trade mark.#Case C-197/21.

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33027

Judgment of the Court (Fourth Chamber) of 27 October 2022.#Proximus NV v Gegevensbeschermingsautoriteit.#Reference for a preliminary ruling – Processing of personal data and protection of privacy in the electronic communications sector – Directive 2002/58/EC – Article 12 – Public telephone directories and directory enquiry services – Subscriber’s consent – Obligations of the provider of directories and of directory enquiry services – Regulation (EU) 2016/679 – Article 17 – Right to erasure (‘right to be forgotten’) – Article 5(2) – Article 24 – Information obligations and responsibility of the controller.#Case C-129/21.

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33028

Judgment of the Court (Fourth Chamber) of 27 October 2022.#Proximus NV v Gegevensbeschermingsautoriteit.#Request for a preliminary ruling from the Hof van beroep te Brussel.#Reference for a preliminary ruling – Processing of personal data and protection of privacy in the electronic communications sector – Directive 2002/58/EC – Article 12 – Public telephone directories and directory enquiry services – Subscriber’s consent – Obligations of the provider of directories and of directory enquiry services – Regulation (EU) 2016/679 – Article 17 – Right to erasure (‘right to be forgotten’) – Article 5(2) – Article 24 – Information obligations and responsibility of the controller.#Case C-129/21.

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33029

Judgment of the Court (Sixth Chamber) of 27 October 2022.#Iveco Orecchia SpA v APAM Esercizio SpA and Brescia Trasporti SpA.#References for a preliminary ruling – Approximation of laws – Motor vehicles – Directive 2007/46/EC – Technical specifications – Offer to supply spare parts equivalent to the originals of a specific mark – Absence of proof of type-approval – Declaration of equivalence to the original by the tenderer – Concept of ‘manufacturer’ – Means of proof – Public procurement – Directive 2014/25/EU.#Joined Cases C-68/21 and C-84/21.

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33030

Judgment of the Court (Sixth Chamber) of 27 October 2022.#Iveco Orecchia SpA v APAM Esercizio SpA and Brescia Trasporti SpA.#Requests for a preliminary ruling from the Consiglio di Stato.#References for a preliminary ruling – Approximation of laws – Motor vehicles – Directive 2007/46/EC – Technical specifications – Offer to supply spare parts equivalent to the originals of a specific mark – Absence of proof of type-approval – Declaration of equivalence to the original by the tenderer – Concept of ‘manufacturer’ – Means of proof – Public procurement – Directive 2014/25/EU.#Joined Cases C-68/21 and C-84/21.

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33031

Opinion of Advocate General Szpunar delivered on 27 October 2022.#Confédération paysanne and Others v Premier ministre and Ministre de l'Agriculture et de l'Alimentation.#Request for a preliminary ruling from the Conseil d'État.#Reference for a preliminary ruling – Environment – Deliberate release of genetically modified organisms – Directive 2001/18/EC – Article 3(1) – Point 1 of Annex I B – Scope – Exemptions – Techniques/methods of genetic modification which have conventionally been used and have a long safety record – In vitro random mutagenesis.#Case C-688/21.

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33032

Opinion of Advocate General Szpunar delivered on 27 October 2022.#MS v Saatgut-Treuhandverwaltungs GmbH.#Request for a preliminary ruling from the Pfälzisches Oberlandesgericht.#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.#Case C-522/21.

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33033

Opinion of Advocate General Ćapeta delivered on 27 October 2022.#LU and PH.#Requests for a preliminary ruling from the Court of Appeal.#Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Surrender procedure between the Member States – Conditions for execution – Grounds for optional non-execution – Article 4a(1) – Warrant issued for the purpose of executing a custodial sentence – Concept of ‘trial resulting in the decision’ – Scope – First conviction, with a suspension – Second conviction – Absence of the person concerned at the trial – Revocation of the suspension – Rights of the defence – Convention for the Protection of Human Rights and Fundamental Freedoms – Article 6 – Charter of Fundamental Rights of the European Union – Articles 47 and 48 – Infringement – Consequences.#Joined Cases C-514/21 and C-515/21.

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33035

Opinion of Advocate General Szpunar delivered on 28 September 2023.#La Quadrature du Net and Others v Premier ministre and Ministère de la Culture.#Request for a preliminary ruling from the Conseil d'État (France).#Reference for a preliminary ruling – Processing of personal data and the protection of privacy in the electronic communications sector – Directive 2002/58/EC – Confidentiality of electronic communications – Protection – Article 5 and Article 15(1) – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 11 and Article 52(1) – National legislation aimed at combating, through action by a public authority, counterfeiting offences committed on the internet – ‘Graduated response’ procedure – Upstream collection by rightholder organisations of IP addresses used for activities infringing copyright or related rights – Downstream access by the public authority responsible for the protection of copyright and related rights to data relating to the civil identity associated with those IP addresses retained by providers of electronic communications services – Automated processing – Requirement of prior review by a court or an independent administrative body – Substantive and procedural conditions – Safeguards against the risks of abuse and against any unlawful access to or use of those data.#Case C-470/21.

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33036

Opinion of Advocate General Emiliou delivered on 27 October 2022.#European Central Bank v Crédit lyonnais.#Appeal – Economic and monetary policy – Prudential supervision of credit institutions – Regulation (EU) No 575/2013 – Calculation of the leverage ratio – Exposure measure – Article 429(14) – Exclusion of exposures meeting certain conditions – Partial refusal of authorisation – Discretion of the European Central Bank (ECB) – Action for annulment – Manifest error of assessment – Judicial review.#Case C-389/21 P.

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33038

Case C-641/21: Judgment of the Court (Eighth Chamber) of 27 October 2022 (request for a preliminary ruling from the Bundesfinanzgericht — Austria) — Climate Corporation Emissions Trading GmbH v Finanzamt Österreich (Reference for a preliminary ruling — Taxation — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 44 — Point of reference for tax purposes — Transfer of greenhouse gas emission allowances — Recipient involved in VAT evasion in a chain of transactions — Taxable person who knew or should have known about that evasion)

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33039

Case C-544/21: Judgment of the Court (Ninth Chamber) of 27 October 2022 (request for a preliminary ruling from the Landgericht Mainz — Germany) — ID v Stadt Mainz (Reference for a preliminary ruling — Freedom to provide services — Directive 2006/123/EC — Article 15(1), (2)(g) and (3) — Services in the internal market — Fees of architects and engineers — Fixed minimum tariffs — Direct effect of provisions of EU law and possible inapplicability of national legislation)

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33040

Case C-539/21 P: Judgment of the Court (Eighth Chamber) of 27 October 2022 — CE v Committee of the Regions (Appeal — Civil Service — Temporary Staff — Conditions of Employment of Other Servants of the European Union — Article 2(c) — Contract for an indefinite period — Early termination with notice — Article 47(c)(i) — Breakdown in relationship of trust — Terms implementing the notice — Manifest error of assessment and error of law — Omissions — Action for annulment and for damages)

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