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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
37601

Judgment of the Court (Fifth Chamber) of 7 April 2022.#Berlin Chemie A. Menarini SRL v Administraţia Fiscală pentru Contribuabili Mijlocii Bucureşti - Direcţia Generală Regională a Finanţelor Publice Bucureşti.#Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 44 – Place of supply of services – Implementing Regulation (EU) No 282/2011 – Article 11(1) – Provision of services – Point of reference for tax purposes – Concept of a ‘fixed establishment’ – Company from one Member State affiliated to a company located in another Member State – Suitable structure in terms of human and technical resources – Ability to receive and use the services for the fixed establishment’s own needs – Marketing, regulatory, advertising and representation services provided by a related company to the recipient company.#Case C-333/20.

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37602

Judgment of the Court (Fifth Chamber) of 7 April 2022.#Berlin Chemie A. Menarini SRL v Administraţia Fiscală pentru Contribuabili Mijlocii Bucureşti - Direcţia Generală Regională a Finanţelor Publice Bucureşti.#Request for a preliminary ruling from the Curtea de Apel Bucureşti.#Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 44 – Place of supply of services – Implementing Regulation (EU) No 282/2011 – Article 11(1) – Provision of services – Point of reference for tax purposes – Concept of a ‘fixed establishment’ – Company from one Member State affiliated to a company located in another Member State – Suitable structure in terms of human and technical resources – Ability to receive and use the services for the fixed establishment’s own needs – Marketing, regulatory, advertising and representation services provided by a related company to the recipient company.#Case C-333/20.

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37603

Judgment of the Court (First Chamber) of 7 April 2022.#PG v Ministero della Giustizia and Others.#Reference for a preliminary ruling – Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clauses 2 and 4 – Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC – Clause 4 – Principle of non-discrimination – Equal treatment in employment and occupation – Magistrates and ordinary judges – Clause 5 – Measures intended to penalise improper use of fixed-term contracts – Directive 2003/88/EC – Article 7 – Paid annual leave.#Case C-236/20.

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37604

Judgment of the Court (First Chamber) of 7 April 2022.#PG v Ministero della Giustizia and Others.#Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Emilia Romagna.#Reference for a preliminary ruling – Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clauses 2 and 4 – Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC – Clause 4 – Principle of non-discrimination – Equal treatment in employment and occupation – Magistrates and ordinary judges – Clause 5 – Measures intended to penalise improper use of fixed-term contracts – Directive 2003/88/EC – Article 7 – Paid annual leave.#Case C-236/20.

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37606

Judgment of the Court (Second Chamber) of 7 April 2022.#I GmbH v Finanzamt H.#Request for a preliminary ruling from the Niedersächsisches Finanzgericht.#Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 132(1)(b) – Exemptions for certain activities in the public interest – Exemption for hospital and medical care – Private hospital – Duly recognised establishment – Comparable social conditions.#Case C-228/20.

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37607

Judgment of the Court (Second Chamber) of 7 April 2022.#SC Avio Lucos SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură – Centrul judeţean Dolj and Agenţia de Plăţi şi Intervenţie pentru Agricultură (APIA) – Aparat Central.#Reference for a preliminary ruling – Agriculture – Common agricultural policy – Direct support schemes – Common rules – Single area payment scheme – Regulation (EU) No 1307/2013 – Article 4(1)(a) and (c) and Article 4(2)(b) – National legislation making direct support conditional on the farmer keeping his own animals – Article 9(1) – Concept of ‘active farmer’ – Regulation (EU) No 1306/2013 – Article 60 – Circumvention clause – Concept of ‘artificially created conditions’.#Case C-176/20.

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37608

Judgment of the Court (Second Chamber) of 7 April 2022.#SC Avio Lucos SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură – Centrul judeţean Dolj and Agenţia de Plăţi şi Intervenţie pentru Agricultură (APIA) – Aparat Central.#Request for a preliminary ruling from the Curtea de Apel Alba Iulia.#Reference for a preliminary ruling – Agriculture – Common agricultural policy – Direct support schemes – Common rules – Single area payment scheme – Regulation (EU) No 1307/2013 – Article 4(1)(a) and (c) and Article 4(2)(b) – National legislation making direct support conditional on the farmer keeping his own animals – Article 9(1) – Concept of ‘active farmer’ – Regulation (EU) No 1306/2013 – Article 60 – Circumvention clause – Concept of ‘artificially created conditions’.#Case C-176/20.

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37609

Judgment of the Court (Second Chamber) of 7 April 2022.#SC Avio Lucos SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură – Centrul judeţean Dolj and Agenţia de Plăţi şi Intervenţie pentru Agricultură (APIA) – Aparat Central.#Reference for a preliminary ruling – Agriculture – Common agricultural policy – Direct support schemes – Common rules – Single area payment scheme – Regulation (EC) No 73/2009 – Article 2(c) – Concept of ‘agricultural activity’ – Article 35 – Regulation (EC) No 1122/2009 – National legislation requiring the production of a legal document establishing the right to use the agricultural parcel made available to the farmer under a concession contract and making the validity of such a contract conditional on the future concessionaire having the status of breeder or owner of animals – Concessionaire of an area of pastureland who has concluded a cooperation contract with animal breeders – Res judicata.#Case C-116/20.

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37610

Judgment of the Court (Second Chamber) of 7 April 2022.#SC Avio Lucos SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură – Centrul judeţean Dolj and Agenţia de Plăţi şi Intervenţie pentru Agricultură (APIA) – Aparat Central.#Request for a preliminary ruling from the Curtea de Apel Timişoara.#Reference for a preliminary ruling – Agriculture – Common agricultural policy – Direct support schemes – Common rules – Single area payment scheme – Regulation (EC) No 73/2009 – Article 2(c) – Concept of ‘agricultural activity’ – Article 35 – Regulation (EC) No 1122/2009 – National legislation requiring the production of a legal document establishing the right to use the agricultural parcel made available to the farmer under a concession contract and making the validity of such a contract conditional on the future concessionaire having the status of breeder or owner of animals – Concessionaire of an area of pastureland who has concluded a cooperation contract with animal breeders – Res judicata.#Case C-116/20.

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37611

Opinion of Advocate General Ćapeta delivered on 7 April 2022.#DB Station & Service AG v ODEG Ostdeutsche Eisenbahn GmbH.#Request for a preliminary ruling from the Kammergericht Berlin.#Reference for a preliminary ruling – Rail transport – Article 102 TFEU – Abuse of a dominant position – Directive 2001/14/EC – Access to railway infrastructure – Article 30 – Railway regulatory body – Review of infrastructure charges – National courts – Review of charges in the light of competition law – Division of competence between the regulatory authority and the national courts.#Case C-721/20.

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37612

Opinion of Advocate General Emiliou delivered on 7 April 2022.#B. v Dyrektor Izby Skarbowej w W.#Request for a preliminary ruling from the Naczelny Sąd Administracyjny.#Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 41 – Intra-Community acquisition of goods – Place – Chain of successive transactions – Incorrect classification of some of the transactions – Principles of proportionality and fiscal neutrality.#Case C-696/20.

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37613

Opinion of Advocate General Kokott delivered on 7 April 2022.#Colin Brown v European Commission.#Appeal – Civil service – Annex VII to the Staff Regulations of Officials of the European Union – Article 4(1)(a) and (b) – EU official who is a national of the United Kingdom of Great Britain and Northern Ireland and who during the 10 years before his entry into service habitually resided within the territory of the State in which he is employed – Withdrawal of the United Kingdom from the European Union – Acquisition by that EU official of the nationality of the State in which he is employed – Withdrawal of the entitlement to receive an expatriation allowance – Action for annulment.#Case C-675/20 P.

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37614

Opinion of Advocate General Medina delivered on 7 April 2022.#MCM v Centrala studiestödsnämnden.#Request for a preliminary ruling from the Överklagandenämnden för studiestöd.#Reference for a preliminary ruling – Freedom of movement for persons – Article 45 TFEU – Equal treatment – Social advantages – Regulation (EU) No 492/2011 – Article 7(2) – Financial aid for higher education studies in another Member State – Residence requirement – Alternative requirement of social integration for non-resident students – Situation of a student who is a national of the State granting the aid, residing since birth in the State of studies.#Case C-638/20.

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37615

Opinion of Advocate General Ćapeta delivered on 7 April 2022.#M2Beauté Cosmetics GmbH v Bundesrepublik Deutschland.#Request for a preliminary ruling from the Verwaltungsgericht Köln.#Reference for a preliminary ruling – Medicinal products for human use – Directive 2001/83/EC – Article 1(2)(b) – Definition of ‘medicinal product by function’ – Absence of a scientific study – Scientific knowledge on a structural analogue – Regulation (EC) No 1223/2009 – Cosmetic product – Specific beneficial effects on human health – Direct or indirect beneficial effects – Positive effects on appearance.#Case C-616/20.

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37616

Opinion of Advocate General Rantos delivered on 7 April 2022.#Admiral Gaming Network Srl and Others v Agenzia delle Dogane e dei Monopoli and Others.#Requests for a preliminary ruling from the Consiglio di Stato.#Reference for a preliminary ruling – Freedom of establishment – Restrictions – Betting and gambling – Licences for the management of games played on gaming machines – National legislation imposing a levy on licence holders – Principle of the protection of legitimate expectations.#Joined Cases C-475/20 to C-482/20.

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37617

Opinion of Advocate General Pitruzzella delivered on 7 April 2022.#TU and RE v Google LLC.#Request for a preliminary ruling from the Bundesgerichtshof.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Directive 95/46/EC – Article 12(b) – Point (a) of the first paragraph of Article 14 – Regulation (EU) 2016/679 – Article 17(3)(a) – Operator of an internet search engine – Research carried out on the basis of a person’s name – Displaying a link to articles containing allegedly inaccurate information in the list of search results – Displaying, in the form of thumbnails, photographs illustrating those articles in the list of results of an image search – Request for de-referencing made to the operator of the search engine – Weighing-up of fundamental rights – Articles 7, 8, 11 and 16 of the Charter of Fundamental Rights of the European Union – Obligations and responsibilities of the operator of the search engine in respect of processing a request for de-referencing – Burden of proof on the person requesting de-referencing.#Case C-460/20.

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37618

Opinion of Advocate General Ćapeta delivered on 7 April 2022.#Volotea, SA and easyJet Airline Company Ltd. v European Commission.#Appeal – State aid – Article 107(1) TFEU – European Commission decision on compensation to Sardinian airports for public service obligations – Existence of unlawful State aid incompatible with the internal market, granted by the Italian Republic to airlines through airport operators – Concept of ‘State aid’ – Proof of the existence of an advantage – Determination of the amount – Market economy operator principle – Applicability and application – Test of the private acquirer of goods or services – Conditions – Burden of proof.#Joined Cases C-331/20 P and C-343/20 P.

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37620

Opinion of Advocate General Pitruzzella delivered on 7 April 2022.#European Commission v Valencia Club de Fútbol, SAD.#Appeal – State aid – Public guarantee granted by a public entity – Loans to three football clubs from the Community of Valencia (Valencia CF, Hércules CF and Elche CF) – Decision declaring the aid to be incompatible with the internal market – Annulment of the decision in so far as it concerns Valencia CF – Concept of ‘advantage’ – Assessment of the existence of an advantage – Guarantee Notice – Interpretation – Duty of care on the part of the European Commission – Burden of proof – Distortion.#Case C-211/20 P.

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