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
33921

Judgment of the Court (Tenth Chamber) of 22 September 2022.#SI and Others v Bundesrepublik Deutschland.#Reference for a preliminary ruling – Area of freedom, security and justice – Border controls, asylum and immigration – Asylum policy – Directive 2013/32/EU – Common procedures for granting and withdrawing international protection – Application for international protection – Grounds for inadmissibility – Article 2(q) – Concept of ‘subsequent application’ – Article 33(2)(d) – Rejection by a Member State of an application for international protection as inadmissible on account of the rejection of a previous application made by the person concerned in the Kingdom of Denmark – Final decision taken by the Kingdom of Denmark.#Case C-497/21.

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33922

Judgment of the Court (Tenth Chamber) of 22 September 2022.#SI and Others v Bundesrepublik Deutschland.#Request for a preliminary ruling from the Schleswig-Holsteinisches Verwaltungsgericht.#Reference for a preliminary ruling – Area of freedom, security and justice – Border controls, asylum and immigration – Asylum policy – Directive 2013/32/EU – Common procedures for granting and withdrawing international protection – Application for international protection – Grounds for inadmissibility – Article 2(q) – Concept of ‘subsequent application’ – Article 33(2)(d) – Rejection by a Member State of an application for international protection as inadmissible on account of the rejection of a previous application made by the person concerned in the Kingdom of Denmark – Final decision taken by the Kingdom of Denmark.#Case C-497/21.

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33923

Judgment of the Court (Ninth Chamber) of 22 September 2022.#Vicente v Delia.#Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Unfair business-to-consumer commercial practices – Principle of effectiveness – Article 47 of the Charter of Fundamental Rights of the European Union – Summary procedure for the recovery of lawyers’ fees – Potentially unfair terms contained in a fee agreement – National law not providing for the possibility of review by a court – Article 4(2) – Scope of the exception – Directive 2005/29/EC – Article 7 – Misleading commercial practice – Contract concluded between lawyer and client prohibiting the client from withdrawing, without the knowledge or against the advice of the lawyer, on pain of a financial penalty.#Case C-335/21.

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33924

Judgment of the Court (Ninth Chamber) of 22 September 2022.#Vicente v Delia.#Request for a preliminary ruling from the Juzgado de Primera Instancia de Sevilla.#Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Unfair business-to-consumer commercial practices – Principle of effectiveness – Article 47 of the Charter of Fundamental Rights of the European Union – Summary procedure for the recovery of lawyers’ fees – Potentially unfair terms contained in a fee agreement – National law not providing for the possibility of review by a court – Article 4(2) – Scope of the exception – Directive 2005/29/EC – Article 7 – Misleading commercial practice – Contract concluded between lawyer and client prohibiting the client from withdrawing, without the knowledge or against the advice of the lawyer, on pain of a financial penalty.#Case C-335/21.

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33925

Judgment of the Court (Eighth Chamber) of 22 September 2022.#The Escape Center BVBA v Belgische Staat.#Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 98 – Option for the Member States to apply a reduced rate of VAT to certain supplies of goods and services – Annex III, point 14 – Concept of the ‘use of sporting facilities’ – Fitness centres – Individual or group coaching.#Case C-330/21.

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33926

Judgment of the Court (Eighth Chamber) of 22 September 2022.#The Escape Center BVBA v Belgische Staat.#Request for a preliminary ruling from the Rechtbank van eerste aanleg Oost-Vlaanderen Afdeling Gent.#Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 98 – Option for the Member States to apply a reduced rate of VAT to certain supplies of goods and services – Annex III, point 14 – Concept of the ‘use of sporting facilities’ – Fitness centres – Individual or group coaching.#Case C-330/21.

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33927

Judgment of the Court (First Chamber) of 22 September 2022.#Bundesrepublik Deutschland v MA and Others.#Reference for a preliminary ruling – Regulation (EU) No 604/2013 – Determination of the Member State responsible for examining an application for international protection – Articles 27 and 29 – Transfer of the person concerned to the Member State responsible for the examination of his or her request – Suspension of the transfer due to the COVID – 19 pandemic – Impossibility of carrying out the transfer – Judicial protection – Consequences for the time limit for transfer.#Joined Cases C-245/21 and C-248/21.

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33928

Judgment of the Court (First Chamber) of 22 September 2022.#Bundesrepublik Deutschland v MA and Others.#Requests for a preliminary ruling from the Bundesverwaltungsgericht.#Reference for a preliminary ruling – Regulation (EU) No 604/2013 – Determination of the Member State responsible for examining an application for international protection – Articles 27 and 29 – Transfer of the person concerned to the Member State responsible for the examination of his or her request – Suspension of the transfer due to the COVID – 19 pandemic – Impossibility of carrying out the transfer – Judicial protection – Consequences for the time limit for transfer.#Joined Cases C-245/21 and C-248/21.

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33929

Judgment of the Court (Ninth Chamber) of 22 September 2022.#Zulima v Servicios prescriptor y medios de pagos EFC SAU.#Reference for a preliminary ruling – Unfair terms in consumer contracts – Revolving credit agreement – Unfairness of the term relating to the rate of remunerative interest – Action brought by a consumer for a declaration that that agreement is void – Satisfaction of that consumer’s claims out of court – Costs incurred having to be borne by the consumer – Principle of effectiveness – National legislation capable of dissuading the consumer from exercising the rights conferred by Directive 93/13/EEC.#Case C-215/21.

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33930

Judgment of the Court (Ninth Chamber) of 22 September 2022.#Zulima v Servicios prescriptor y medios de pagos EFC SAU.#Request for a preliminary ruling from the Juzgado de Primera Instancia de Las Palmas de Gran Canaria.#Reference for a preliminary ruling – Unfair terms in consumer contracts – Revolving credit agreement – Unfairness of the term relating to the rate of remunerative interest – Action brought by a consumer for a declaration that that agreement is void – Satisfaction of that consumer’s claims out of court – Costs incurred having to be borne by the consumer – Principle of effectiveness – National legislation capable of dissuading the consumer from exercising the rights conferred by Directive 93/13/EEC.#Case C-215/21.

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33931

Judgment of the Court (First Chamber) of 22 September 2022.#GM v Országos Idegenrendészeti Főigazgatóság and Others.#Reference for a preliminary ruling – Common asylum and immigration policy – Directive 2011/95/EU – Standards for granting refugee status or subsidiary protection status – Withdrawal of the status – Directive 2013/32/EU – Common procedures for granting and withdrawing international protection – Danger to national security – Position taken by a specialist authority – Access to the file.#Case C-159/21.

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33932

Judgment of the Court (First Chamber) of 22 September 2022.#GM v Országos Idegenrendészeti Főigazgatóság and Others.#Request for a preliminary ruling from the Fővárosi Törvényszék.#Reference for a preliminary ruling – Common asylum and immigration policy – Directive 2011/95/EU – Standards for granting refugee status or subsidiary protection status – Withdrawal of the status – Directive 2013/32/EU – Common procedures for granting and withdrawing international protection – Danger to national security – Position taken by a specialist authority – Access to the file.#Case C-159/21.

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33933

Judgment of the Court (Sixth Chamber) of 22 September 2022.#LB v TO.#Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Organisation of working time – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Article 7 – Right to paid annual leave – Allowance in lieu of leave not taken after the termination of the employment relationship – Three-year limitation period – Starting point – Adequate information provided to the worker.#Case C-120/21.

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33934

Judgment of the Court (Sixth Chamber) of 22 September 2022.#LB v TO.#Request for a preliminary ruling from the Bundesarbeitsgericht.#Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Organisation of working time – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Article 7 – Right to paid annual leave – Allowance in lieu of leave not taken after the termination of the employment relationship – Three-year limitation period – Starting point – Adequate information provided to the worker.#Case C-120/21.

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33935

Opinion of Advocate General Medina delivered on 22 September 2022.#European Parliament v Fernando Carbajo Ferrero.#Appeal – Civil service – Officials – Procedure for appointment to a post of Director – Vacancy notice and recruitment notice – Rejection of the candidate’s application and appointment of another candidate – Irregularity in the recruitment procedure – Manifest error of assessment – Transparency – Equal treatment.#Case C-613/21 P.

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33936

Opinion of Advocate General Szpunar delivered on 22 September 2022.#D.V. v M.A.#Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas.#Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Contract for the provision of legal services concluded between a lawyer and a consumer – Article 4(2) – Assessment of the unfairness of contractual terms – Exclusion of terms relating to the main subject matter of the contract – Term providing for the payment of lawyers’ fees on the basis of an hourly rate – Article 6(1) – Powers of the national court when dealing with a term considered to be ‘unfair’.#Case C-395/21.

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33937

Opinion of Advocate General Kokott delivered on 22 September 2022.#Sdruzhenie 'Za Zemyata – dostap do pravosadie' and Others v Izpalnitelen director na Izpalnitelna agentsia po okolna sreda and 'TETS Maritsa iztok 2' EAD.#Request for a preliminary ruling from the Varhoven administrativen sad.#Reference for a preliminary ruling – Environment – Ambient air quality – Directive 2008/50/EC – Articles 13 and 23 – Limit values for the protection of human health – Exceedance – Air quality plan – Directive 2010/75/EU – Integrated pollution prevention and control – Update of a permit to operate a power plant – Emission limit values – Article 15(4) – Application for a derogation setting less strict emission limit values – Significant pollution – Article 18 – Compliance with environmental quality standards – Obligations of the competent authority.#Case C-375/21.

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33938

Opinion of Advocate General Kokott delivered on 22 September 2022.#Tráficos Manuel Ferrer S.L. and Ignacio v Daimler AG.#Request for a preliminary ruling from the Juzgado de lo Mercantil Valencia.#Reference for a preliminary ruling – Competition – Compensation for harm caused by a practice prohibited under Article 101(1) TFEU – Decision of the Commission finding the existence of collusive arrangements on pricing and gross price increases for trucks in the European Economic Area (EEA) – National rule of civil procedure under which, in the event that the claim is upheld in part, costs are to be borne by each party, except in cases of wrongful conduct – Procedural autonomy of the Member States – Principles of effectiveness and equivalence – Directive 2014/104/EU – Objectives and overall balance – Article 3 – Right to full compensation for the harm suffered – Article 11(1) – Joint and several liability of the undertakings that infringe competition law – Article 17(1) – Possibility for national courts to estimate the harm – Conditions – Impossibility or unreasonable difficulties in quantifying harm – Article 22 – Temporal application.#Case C-312/21.

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33939

Opinion of Advocate General Szpunar delivered on 22 September 2022.#Staatlich genehmigte Gesellschaft der Autoren, Komponisten und Musikverleger Reg. Gen. mbH (AKM) v Canal+ Luxembourg Sàrl.#Request for a preliminary ruling from the Oberster Gerichtshof.#Reference for a preliminary ruling – Intellectual property – Copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission – Directive 93/83/EEC – Article 1(2) – Communication to the public by satellite – Concept – Satellite package provider – Broadcasting of programmes in another Member State – Place of the act of exploitation by which that provider participates in such communication.#Case C-290/21.

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33940

Opinion of Advocate General Campos Sánchez-Bordona delivered on 22 September 2022.#Hauptpersonalrat der Lehrerinnen und Lehrer beim Hessischen Kultusministerium v Minister des Hessischen Kultusministeriums.#Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden.#Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 88(1) and (2) – Processing of data in the employment context – Regional school system – Teaching by videoconference due to the COVID-19 pandemic – Implementation without the express consent of teachers.#Case C-34/21.

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