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 (161316) cjeu_case (104314) decision (43188) directive (8067)
316,885 documents
18641

Judgment of the Court (Sixth Chamber) of 13 June 2024.#UN v État belge.#Reference for a preliminary ruling – Article 19 TEU – Article 45 TFEU – Article 47 of the Charter of Fundamental Rights of the European Union – Income tax – Convention for the avoidance of double taxation – Mutual agreement procedure provided for under such a convention – Member State, at the end of that procedure, making the right to restitution of tax already paid in another Member State conditional upon the withdrawal by the taxpayer of his or her actions brought before the courts of that first Member State – Inadmissibility of the request for a preliminary ruling.#Case C-380/23.

cjeu_case ·
18642

Judgment of the Court (Sixth Chamber) of 13 June 2024.#UN v État belge.#Request for a preliminary ruling from the tribunal de première instance du Luxembourg.#Reference for a preliminary ruling – Article 19 TEU – Article 45 TFEU – Article 47 of the Charter of Fundamental Rights of the European Union – Income tax – Convention for the avoidance of double taxation – Mutual agreement procedure provided for under such a convention – Member State, at the end of that procedure, making the right to restitution of tax already paid in another Member State conditional upon the withdrawal by the taxpayer of his or her actions brought before the courts of that first Member State – Inadmissibility of the request for a preliminary ruling.#Case C-380/23.

cjeu_case ·
18643

Judgment of the Court (Tenth Chamber) of 13 June 2024.#A. S.A. v Dyrektor Izby Administracji Skarbowej w Bydgoszczy.#Reference for a preliminary ruling – Directive 2003/96/EC – Article 2(4)(b), third indent – Article 17(1)(a) – Excise duty – Taxation of energy products and electricity – Electricity used in electrolysis – Tax reductions on the consumption of energy products and electricity for energy-intensive businesses – Purchase of energy products and electricity – Actual cost of energy purchased – Distribution tariffs – Criteria for exemption – Principle of equality and non-discrimination.#Case C-266/23.

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18644

Judgment of the Court (Tenth Chamber) of 13 June 2024.#A. S.A. v Dyrektor Izby Administracji Skarbowej w Bydgoszczy.#Request for a preliminary ruling from the Naczelny Sąd Administracyjny.#Reference for a preliminary ruling – Directive 2003/96/EC – Article 2(4)(b), third indent – Article 17(1)(a) – Excise duty – Taxation of energy products and electricity – Electricity used in electrolysis – Tax reductions on the consumption of energy products and electricity for energy-intensive businesses – Purchase of energy products and electricity – Actual cost of energy purchased – Distribution tariffs – Criteria for exemption – Principle of equality and non-discrimination.#Case C-266/23.

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18645

Judgment of the Court (Tenth Chamber) of 13 June 2024.#Criminal proceedings against HYA and Others.#Reference for a preliminary ruling – Telecommunications sector – Processing of personal data and the protection of privacy – Directive 2002/58/EC – Article 15(1) – Restriction of the confidentiality of electronic communications – Judicial decision authorising listening, tapping and storage in respect of telephone conversations of persons suspected of having committed a serious intentional offence – National legislation requiring that that decision must itself contain an express statement of reasons in writing, irrespective of the existence of a reasoned application made by the criminal authorities – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Obligation to state reasons.#Case C-229/23.

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18646

Judgment of the Court (Tenth Chamber) of 13 June 2024.#Criminal proceedings against HYA and Others.#Request for a preliminary ruling from the Sofiyski gradski sad.#Reference for a preliminary ruling – Telecommunications sector – Processing of personal data and the protection of privacy – Directive 2002/58/EC – Article 15(1) – Restriction of the confidentiality of electronic communications – Judicial decision authorising listening, tapping and storage in respect of telephone conversations of persons suspected of having committed a serious intentional offence – National legislation requiring that that decision must itself contain an express statement of reasons in writing, irrespective of the existence of a reasoned application made by the criminal authorities – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Obligation to state reasons.#Case C-229/23.

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18648

Judgment of the Court (Tenth Chamber) of 13 June 2024.#A GmbH & Co. KG v Hauptzollamt B.#Request for a preliminary ruling from the Bundesfinanzhof.#Reference for a preliminary ruling – Customs union – Common Customs Tariff – Classification of goods – Combined Nomenclature – Tariff heading 9406 00 – Prefabricated buildings – Scope of the concept of ‘building’ – Calf hutches – Request for classification under subheading 9406 00 80 – Classified under subheading 3926 90 97.#Case C-104/23.

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18649

Judgment of the Court (Tenth Chamber) of 13 June 2024.#Pedro Francisco v Subdelegación del Gobierno en Barcelona.#Reference for a preliminary ruling – Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Directive 2004/38/EC – Article 27 – Restrictions on the right of entry and the right of residence on grounds of public policy, public security or public health – Conduct representing a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society – Refusal to issue a temporary residence card of a family member of a Union citizen due to a police record – Unfavourable police report due to arrest.#Case C-62/23.

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18650

Judgment of the Court (Tenth Chamber) of 13 June 2024.#Pedro Francisco v Subdelegación del Gobierno en Barcelona.#Request for a preliminary ruling from the Juzgado Contencioso-Administrativo n° 5 de Barcelona.#Reference for a preliminary ruling – Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Directive 2004/38/EC – Article 27 – Restrictions on the right of entry and the right of residence on grounds of public policy, public security or public health – Conduct representing a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society – Refusal to issue a temporary residence card of a family member of a Union citizen due to a police record – Unfavourable police report due to arrest.#Case C-62/23.

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18652

Judgment of the Court (Second Chamber) of 13 June 2024.#European Commission v Kingdom of the Netherlands.#Appeal – State aid – Law prohibiting the use of coal for the production of electricity – Early closure of a coal-powered power plant – Award of compensation – Decision declaring the measure compatible with the internal market without stating whether State aid exists – Exercise of the European Commission’s powers.#Case C-40/23 P.

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18653

Opinion of Advocate General Pikamäe delivered on 13 June 2024.#Guldbrev AB v Konsumentombudsmannen.#Request for a preliminary ruling from the Svea hovrätt Patent- och marknadsöverdomstolen.#Reference for a preliminary ruling – Consumer protection – Unfair commercial practices – Directive 2005/29/EC – Article 2(c), (d) and (i) – Article 3(1) – Scope – Concept of ‘product’ – Combined offer consisting of the valuation and purchase of a good.#Case C-379/23.

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18654

Opinion of Advocate General Campos Sánchez-Bordona delivered on 13 June 2024.#Haut Conseil du commissariat aux comptes v MO.#Request for a preliminary ruling from the formation restreinte du Haut Conseil du commissariat aux comptes.#Reference for a preliminary ruling – Article 267 TFEU – Definition of ‘court or tribunal’ – Criteria relating to the constitution and function of that body – Exercise of judicial or administrative functions – Public authority not subject to regulation and/or oversight of statutory auditors – Internal organisational arrangements – Power to initiate infringement proceedings – Power to impose penalties – Decision against which an action for annulment may be brought – No status as ‘third party’ in relation to the authority having adopted the decision under judicial review – Inadmissibility.#Case C-368/23.

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18655

Opinion of Advocate General Campos Sánchez-Bordona delivered on 13 June 2024.#Tecno*37 v Ministero dello Sviluppo Economico and Camera di Commercio Industria Artigianato e Agricoltura di Bologna.#Request for a preliminary ruling from the Consiglio di Stato.#Reference for a preliminary ruling – Freedom to provide services – Directive 2006/123/EC – Article 25(1) – Restrictions on multidisciplinary activities – Regulated profession – National legislation providing for, as a general rule, the incompatibility of the joint exercise of the activity of property brokerage and that of property manager – Requirements of independence and impartiality – Proportionality of the restriction – Consequences of the closure of an infringement procedure brought by the European Commission against a Member State.#Case C-242/23.

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18656

Opinion of Advocate General Collins delivered on 13 June 2024.#XL and Others v Sąd Rejonowy w Białymstoku and Lietuvos Respublika.#Requests for a preliminary ruling from the Sąd Rejonowy w Białymstoku and Vilniaus apygardos administracinis teismas.#References for a preliminary ruling – Freezing or reduction of remuneration in the national public administration – Measures specifically aimed at judges – Article 2 TEU – Article 19(1), second subparagraph, TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Obligations on Member States to provide remedies sufficient to ensure effective judicial protection – Principle of judicial independence – Powers of the legislatures and executives of the Member States to set the detailed rules for determining judges’ remuneration – Possibility of derogating from those rules – Conditions.#Joined Cases C-146/23 and C-374/23.

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18657

Opinion of Advocate General Pikamäe delivered on 13 June 2024.#Somateio 'Elliniko Symvoulio gia tous Prosfyges' and Astiki Mi Kerdoskopiki Etaireia 'Ypostirixi Prosfygon sto Aigaio' v Ypourgos Exoterikon and Ypourgos Metanastefsis kai Asylou.#Request for a preliminary ruling from the Symvoulio tis Epikrateias.#Reference for a preliminary ruling – Granting of international protection – Directive 2013/32/EU – Article 38 – Article 18 of the Charter of Fundamental Rights of the European Union – Concept of ‘safe third country’ – Classification of the Republic of Türkiye as a ‘safe third country’ – Readmission of applicants for international protection in third countries – Refusal.#Case C-134/23.

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18658

Opinion of Advocate General Richard de la Tour delivered on 13 June 2024.#Rada Nadzorcza Getin Noble Bank S.A. and Others v Bankowy Fundusz Gwarancyjny.#Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Warszawie.#Reference for a preliminary ruling – Recovery and resolution of credit institutions – Directive 2014/59/EU – Decision to take a crisis management measure in respect of a credit institution – Article 85(3) – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy of all persons affected by that decision – Compliance with a reasonable time limit – Requirement of an expeditious judicial review – Provision of national law requiring that all the actions be joined – Article 3(3) – Combining of functions by the resolution authority – Guarantee of operational independence.#Case C-118/23.

cjeu_case ·
18659

Opinion of Advocate General Richard de la Tour delivered on 13 June 2024.#Criminal proceedings against V.S.#Request for a preliminary ruling from the Sofiyski gradski sad.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Directive (EU) 2016/680 – Article 4(1)(a) to (c) – Article 8(1) and (2) – Article 10 – Accused person – Police record containing biometric and genetic data – Enforcement – Objectives of prevention and detection of criminal offences – Interpretation of the judgment of 26 January 2023, Ministerstvo na vatreshnite raboti (Recording of biometric and genetic data by the police) (C‑205/21, EU:C:2023:49) – Obligation to interpret national law in conformity with EU law – Assessment of whether it is ‘strictly necessary’ for the competent authorities to process sensitive data – Role of the competent authorities.#Case C-80/23.

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