23661Judgment of the Court (Sixth Chamber) of 12 May 2022.#U.I. Srl v Agenzia delle Dogane e dei monopoli– Ufficio delle dogane di Venezia.#Reference for a preliminary ruling – Customs union – Value added tax (VAT) – Directive 2006/112/EC – Article 201 – Persons liable to pay VAT – Import VAT – Union Customs Code – Regulation (EU) No 952/2013 – Article 77(3) – Joint and several liability of the indirect customs representative and the importing company – Customs duties.#Case C-714/20.cjeu_case · May 12, 2022
23662Judgment of the Court (Sixth Chamber) of 12 May 2022.#U.I. Srl v Agenzia delle Dogane e dei monopoli– Ufficio delle dogane di Venezia.#Request for a preliminary ruling from the Commissione Tributaria Provinciale di Venezia.#Reference for a preliminary ruling – Customs union – Value added tax (VAT) – Directive 2006/112/EC – Article 201 – Persons liable to pay VAT – Import VAT – Union Customs Code – Regulation (EU) No 952/2013 – Article 77(3) – Joint and several liability of the indirect customs representative and the importing company – Customs duties.#Case C-714/20.cjeu_case · May 12, 2022
23663Judgment of the Court (Fourth Chamber) of 12 May 2022.#W. J. v L. J. and J. J.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, applicable law, recognition and enforcement of decisions in matters relating to maintenance obligations – Determination of the applicable law – Hague Protocol on the Law Applicable to Maintenance Obligations – Article 3 – Habitual residence of the creditor – Point in time when habitual residence is to be determined – Wrongful retention of a child.#Case C-644/20.cjeu_case · May 12, 2022
23664Judgment of the Court (Fourth Chamber) of 12 May 2022.#W. J. v L. J. and J. J.#Request for a preliminary ruling from the Sąd Okręgowy w Poznaniu.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, applicable law, recognition and enforcement of decisions in matters relating to maintenance obligations – Determination of the applicable law – Hague Protocol on the Law Applicable to Maintenance Obligations – Article 3 – Habitual residence of the creditor – Point in time when habitual residence is to be determined – Wrongful retention of a child.#Case C-644/20.cjeu_case · May 12, 2022
23665Judgment of the Court (Second Chamber) of 12 May 2022.#Schneider Electric SA and Others v Premier ministre and Ministre de l’Economie, des Finances et de la Relance.#Reference for a preliminary ruling – Approximation of laws – Directive 90/435/EEC – Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States – Article 4 and Article 7(2) – Prevention of economic double taxation of dividends.#Case C-556/20.cjeu_case · May 12, 2022
23666Judgment of the Court (Second Chamber) of 12 May 2022.#Schneider Electric SA and Others v Premier ministre and Ministre de l’Economie, des Finances et de la Relance.#Request for a preliminary ruling from the Conseil d'État (France).#Reference for a preliminary ruling – Approximation of laws – Directive 90/435/EEC – Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States – Article 4 and Article 7(2) – Prevention of economic double taxation of dividends.#Case C-556/20.cjeu_case · May 12, 2022
23667Judgment of the Court (Eighth Chamber) of 12 May 2022.#Proceedings brought by RR and JG.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Freezing and confiscation of instrumentalities and proceeds of crime in the European Union – Directive 2014/42/EU – Article 4 – Confiscation – Article 7 – Freezing – Article 8 – Procedural safeguards – Freezing and confiscation of property belonging to a third party to the criminal proceedings – National law not providing a remedy for third parties during the judicial proceedings and not allowing the return of the property until the end of criminal proceedings.#Case C-505/20.cjeu_case · May 12, 2022
23668Judgment of the Court (Eighth Chamber) of 12 May 2022.#Proceedings brought by RR and JG.#Request for a preliminary ruling from the Spetsializiran nakazatelen sad.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Freezing and confiscation of instrumentalities and proceeds of crime in the European Union – Directive 2014/42/EU – Article 4 – Confiscation – Article 7 – Freezing – Article 8 – Procedural safeguards – Freezing and confiscation of property belonging to a third party to the criminal proceedings – National law not providing a remedy for third parties during the judicial proceedings and not allowing the return of the property until the end of criminal proceedings.#Case C-505/20.cjeu_case · May 12, 2022
23669Judgment of the Court (Second Chamber) of 12 May 2022.#Christoph Klein v European Commission.#Appeal – Article 265 TFEU – Action for failure to act – Directive 93/42/EEC – Medical devices – Article 8(1) and (2) – Safeguard clause procedure – Notification by a Member State of a decision prohibiting the placing on the market of a medical device – Prolonged lack of reaction on the part of the European Commission – Absence of a decision – Admissibility – Locus standi – Out of time – Request for action to be taken within a reasonable time – Principle of good administration – Obligation to state reasons of the General Court of the European Union.#Case C-430/20 P.cjeu_case · May 12, 2022
23670Judgment of the Court (Second Chamber) of 12 May 2022.#Christoph Klein v European Commission.#Appeal – Article 265 TFEU – Action for failure to act – Directive 93/42/EEC – Medical devices – Article 8(1) and (2) – Safeguard clause procedure – Notification by a Member State of a decision prohibiting the placing on the market of a medical device – Prolonged lack of reaction on the part of the European Commission – No decision – Admissibility – Locus standi – Time limit for bringing proceedings – Request to act within a reasonable time – Principle of sound administration – Obligation to state reasons of the General Court of the European Union.#Case C-430/20 P.cjeu_case · May 12, 2022
23671Judgment of the Court (Sixth Chamber) of 12 May 2022.#GD and ES v Luso Temp - Empresa de Trabalho Temporário SA.#Reference for a preliminary ruling – Social policy – Directive 2008/104/EC – Temporary agency work – Article 5(1) – Principle of equal treatment – Article 3(1)(f) – Concept of ‘basic working and employment conditions of temporary agency workers’ – Compensation payable in respect of days of paid annual leave not taken and the corresponding holiday bonus pay in the event of the termination of the employment relationship.#Case C-426/20.cjeu_case · May 12, 2022
23672Judgment of the Court (Sixth Chamber) of 12 May 2022.#GD and ES v Luso Temp - Empresa de Trabalho Temporário SA.#Request for a preliminary ruling from the Tribunal Judicial da Comarca de Braga - Juízo do Trabalho de Barcelos.#Reference for a preliminary ruling – Social policy – Directive 2008/104/EC – Temporary agency work – Article 5(1) – Principle of equal treatment – Article 3(1)(f) – Concept of ‘basic working and employment conditions of temporary agency workers’ – Compensation payable in respect of days of paid annual leave not taken and the corresponding holiday bonus pay in the event of the termination of the employment relationship.#Case C-426/20.cjeu_case · May 12, 2022
23673Judgment of the Court (Fifth Chamber) of 12 May 2022.#Servizio Elettrico Nazionale SpA and Others v Autorità Garante della Concorrenza e del Mercato and Others.#Reference for a preliminary ruling – Competition – Dominant position – Abuse – Article 102 TFEU – Effect of a practice on the well-being of consumers and on the structure of the market – Abusive exclusionary practice – Whether the practice is capable of producing an exclusionary effect – Use of means other than those coming within the scope of competition on the merits – Hypothetical as-efficient competitor unable to replicate the practice – Existence of an anticompetitive intent – Opening up of the market for the sale of electricity to competition – Transfer of commercially sensitive information within a group of undertakings in order to preserve a dominant position inherited from a statutory monopoly – Imputability of a subsidiary’s conduct to the parent company.#Case C-377/20.cjeu_case · May 12, 2022
23674Judgment of the Court (Fifth Chamber) of 12 May 2022.#Servizio Elettrico Nazionale SpA and Others v Autorità Garante della Concorrenza e del Mercato and Others.#Request for a preliminary ruling from the Consiglio di Stato.#Reference for a preliminary ruling – Competition – Dominant position – Abuse – Article 102 TFEU – Effect of a practice on the well-being of consumers and on the structure of the market – Abusive exclusionary practice – Whether the practice is capable of producing an exclusionary effect – Use of means other than those coming within the scope of competition on the merits – Hypothetical as-efficient competitor unable to replicate the practice – Existence of an anticompetitive intent – Opening up of the market for the sale of electricity to competition – Transfer of commercially sensitive information within a group of undertakings in order to preserve a dominant position inherited from a statutory monopoly – Imputability of a subsidiary’s conduct to the parent company.#Case C-377/20.cjeu_case · May 12, 2022
23675Judgment of the Court (Second Chamber) of 12 May 2022.#European Commission v Hansol Paper Co. Ltd.#Appeal – Dumping – Implementing Regulation (EU) 2017/763 – Imports of certain lightweight thermal paper originating in the Republic of Korea – Definitive anti-dumping duty – Regulation (EU) 2016/1036 – Articles 6, 16 and 18 – Proof – Information provided other than by responding to an anti-dumping questionnaire – Weighting of sales affecting the dumping calculation – Article 2(1) and (3) – Calculation of the normal value – Hierarchy between the calculation methods – Article 3(2) and (3) – Injury – Calculation of the undercutting margin – Cross-appeal – Article 2(11) – Full degree of dumping – Article 18 – Exemption from responding to an anti-dumping questionnaire – Lack of non-cooperation.#Case C-260/20 P.cjeu_case · May 12, 2022
23676Judgment of the Court (Second Chamber) of 12 May 2022.#European Commission v Hansol Paper Co. Ltd.#Appeal – Dumping – Implementing Regulation (EU) 2017/763 – Imports of certain lightweight thermal paper originating in the Republic of Korea – Definitive anti-dumping duty – Regulation (EU) 2016/1036 – Articles 6, 16 and 18 – Proof – Information provided other than by responding to an anti-dumping questionnaire – Weighting of sales affecting the dumping calculation – Article 2(1) and (3) – Calculation of the normal value – Hierarchy between the calculation methods – Article 3(2) and (3) – Injury – Calculation of the undercutting margin – Cross-appeal – Article 2(11) – Full degree of dumping – Article 18 – Exemption from responding to an anti-dumping questionnaire – Lack of non-cooperation.#Case C-260/20 P.cjeu_case · May 12, 2022
23677Opinion of Advocate General Pitruzzella delivered on 12 May 2022.#SIA 'Rodl & Partner' v Valsts ieņēmumu dienests.#Request for a preliminary ruling from the Administratīvā rajona tiesa.#Reference for a preliminary ruling – Prevention of the use of the financial system for the purpose of money laundering and terrorist financing – Directive (EU) 2015/849 – Article 18(1) and (3) – Annex III, point 3(b) – Risk-based approach – Risk assessment conducted by obliged entities – Identification of risks by Member States and obliged entities – Customer due diligence measures – Enhanced due diligence measures – High-corruption-risk third countries – Article 13(1)(c) and (d) – Evidence and documentation requirements imposed on obliged entities – Article 14(5) – Ongoing customer monitoring imposed on obliged entities – Publication of decisions imposing a sanction.#Case C-562/20.cjeu_case · May 12, 2022
23678Case C-719/20: Judgment of the Court (Fourth Chamber) of 12 May 2022 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Comune di Lerici v Provincia di La Spezia (Reference for a preliminary ruling — Public procurement — Waste management — In-house award — Directive 2014/24/EU — Articles 12 and 72 — Loss of ‘similar control’ conditions as a result of a business combination — Possibility for the successor operator to continue providing the service)cjeu_case · May 12, 2022
23679Case C-714/20: Judgment of the Court (Sixth Chamber) of 12 May 2022 (request for a preliminary ruling from the Commissione tributaria provinciale di Venezia — Italy) — U.I. Srl v Agenzia delle dogane e dei monopoli — Ufficio delle dogane di Venezia (Reference for a preliminary ruling — Customs Union — Value added tax (VAT) — Directive 2006/112/EC — Article 201 — Persons liable for payment of VAT — Import VAT — Union Customs Code — Regulation (EU) No 952/2013 — Article 77(3) — Joint and several liability of the indirect customs representative and the importing company — Customs duties)cjeu_case · May 12, 2022
23680Case C-644/20: Judgment of the Court (Fourth Chamber) of 12 May 2022 (request for a preliminary ruling from the Sąd Okręgowy w Poznaniu — Poland) — W.J. v L.J. and J.J., legally represented by A.P. (Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, applicable law, recognition and enforcement of decisions in matters relating to maintenance obligations — Determination of the applicable law — Hague Protocol on the Law Applicable to Maintenance Obligations — Article 3 — Habitual residence of the creditor — Point in time when habitual residence is to be determined — Wrongful retention of a child)cjeu_case · May 12, 2022