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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)
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42523

Order of the Court (Sixth Chamber) of 23 September 2021.#IO v Wallonische Region.#Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Article 49 TFEU – Freedom of establishment – Road traffic – Driver residing in one Member State – Vehicle registered in another Member State – Vehicle made available to the partner and manager of an undertaking established in that other Member State – Registration obligation in the first Member State.#Case C-23/21.

cjeu_case ·
42524

Order of the Court (Sixth Chamber) of 23 September 2021.#IO v Wallonische Region.#Request for a preliminary ruling from the Gericht Erster Instanz Eupen.#Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Article 49 TFEU – Freedom of establishment – Road traffic – Driver residing in one Member State – Vehicle registered in another Member State – Vehicle made available to the partner and manager of an undertaking established in that other Member State – Registration obligation in the first Member State.#Case C-23/21.

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42530

Case C-23/21: Order of the Court (Sixth Chamber) of 23 September 2021 (request for a preliminary ruling from the Gericht Erster Instanz Eupen — Belgium) — IO v Wallonische Region (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Article 49 TFEU — Freedom of establishment — Road traffic — Driver resident in one Member State — Vehicle registered in another Member State — Vehicle made available to the partner and manager of an undertaking established in that other Member State — Registration obligation in the first Member State)

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42533

Opinion of Advocate General Hogan delivered on 23 September 2021.#Austro-Mechana Gesellschaft zur Wahrnehmung mechanisch-musikalischer Urheberrechte Gesellschaft mbH v Strato AG.#Request for a preliminary ruling from the Oberlandesgericht Wien.#Reference for a preliminary ruling – Harmonisation of certain aspects of copyright and related rights in the information society – Directive 2001/29/EC – Article 2 – Reproduction – Article 5(2)(b) – Private copying exception – Concept of ‘any medium’ – Servers owned by third parties made available to natural persons for private use – Fair compensation – National legislation that does not make the providers of cloud computing services subject to the private copying levy.#Case C-433/20.

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42534

Opinion of Advocate General Pikamäe delivered on 23 September 2021.#EP and GM v Corendon Airlines Turistik Hava Tasimacilik A.S.#Request for a preliminary ruling from the Landgericht Düsseldorf.#Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Article 2(l) – Article 5(1) – Change in the departure time of a flight – Departure postponed by approximately three hours – Passengers notified nine days before departure – Concepts of ‘cancellation’ and ‘delay’.#Case C-395/20.

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42535

Opinion of Advocate General Pikamäe delivered on 23 September 2021.#Airhelp Limited v Laudamotion GmbH.#Request for a preliminary ruling from the Landesgericht Korneuburg.#Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Article 2(l) – Article 5(1)(c) – Flight booked through an online platform – Flight departure time brought forward by the operating air carrier – Classification – Receipt of notification of the flight being brought forward sent to an electronic address not belonging to the passengers concerned – Directive 2000/31/EC – Electronic commerce – Article 11 – Presumption of receipt – Scope of the operating air carrier’s obligation to provide information.#Case C-263/20.

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42536

Opinion of Advocate General Hogan delivered on 23 September 2021.#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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42538

Opinion of Advocate General Hogan delivered on 23 September 2021.#ET, acting as liquidator of Air Berlin PLC & Co. Luftverkehrs KG (AB KG) v Bundesrepublik Deutschland.#Request for a preliminary ruling from the Verwaltungsgericht Berlin.#Reference for a preliminary ruling – Scheme for greenhouse gas emission allowance trading – Directive 2003/87/EC – Article 3e – Inclusion of aviation activities – Directive 2008/101/EC – Allocation and issue of allowances free of charge to aircraft operators – Cessation, by such an operator, of its activities due to insolvency – Decision of the competent national authority refusing to issue allowances to the insolvency administrator of the company in liquidation.#Case C-165/20.

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42539

Opinion of Advocate General Pikamäe delivered on 23 September 2021.#AD and Others v Corendon Airlines and Others.#Requests for a preliminary ruling from the Landgericht Düsseldorf and Landesgericht Korneuburg.#References for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Articles 2 and 3 – Concepts of ‘operating air carrier’, ‘confirmed reservation’ and ‘scheduled time of arrival’ – Articles 5, 7 and 8 – Flight departure time brought forward in relation to the original planned departure time – Classification – Reduction in the amount of compensation – Offer of re-routing – Article 14 – Obligation to inform passengers of their rights – Scope.#Joined Cases C-146/20, C-188/20, C-196/20 and C-270/20.

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42540

Opinion of Advocate General Rantos delivered on 23 September 2021.#GSMB Invest GmbH & Co. KG v Auto Krainer GesmbH.#Request for a preliminary ruling from the Landesgericht Klagenfurt.#Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 715/2007 – Approval of motor vehicles – Article 3(10) – Article 5(1) and (2) – Defeat device – Motor vehicles – Diesel engines – Pollutant emissions – Emission control system – Software installed in the electronic engine controller – Exhaust gas recirculation valve (EGR valve) – Reduction in nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Prohibition on the use of defeat devices that reduce the effectiveness of emission control systems – Article 5(2)(a) – Exception to that prohibition.#Case C-128/20.#DS v Porsche Inter Auto GmbH & Co KG and Volkswagen AG.#Request for a preliminary ruling from the Oberster Gerichtshof.#Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 715/2007 – Approval of motor vehicles – Article 5(2) – Defeat device – Motor vehicles – Diesel engines – Emission control system – Software installed in the electronic engine controller – Exhaust gas recirculation valve (‘EGR valve’) – Reduction in nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Prohibition on the use of defeat devices that reduce the effectiveness of emission control systems – Article 5(2)(a) – Exception to that prohibition – Consumer protection – Directive 1999/44/EC – Sale of consumer goods and associated guarantees – Article 2(2)(d) – Concept of ‘goods which show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods’ – Vehicle covered by an EC type-approval – Article 3(6) – Concept of a ‘minor lack of conformity’.#Case C-145/20.#IR v Volkswagen AG.#Request for a preliminary ruling from the Landesgericht Eisenstadt.#Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 715/2007 – Approval of motor vehicles – Article 3(10) – Article 5(1) and (2) – Defeat device – Motor vehicles – Diesel engines – Pollutant emissions – Emission control system – Software installed in the electronic engine controller – Exhaust gas recirculation valve (EGR valve) – Reduction in nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Prohibition on the use of defeat devices that reduce the effectiveness of emission control systems – Article 5(2)(a) – Exception to that prohibition – Directive 1999/44/EC – Sale of consumer goods and associated guarantees – Article 3(2) – Device installed during the repair of a vehicle.#Case C-134/20.

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