Catalogue des documents juridiques (cjeu_case)

104 315 documents
30663

Opinion of Advocate General Hogan delivered on 2 March 2021.#Land Oberösterreich v KV.#Request for a preliminary ruling from the Landesgericht Linz.#Reference for a preliminary ruling – Directive 2003/109/EC – Status of third-country nationals who are long-term residents – Article 11 – Right to equal treatment as regards social security, social assistance and social protection – Derogation from the principle of equal treatment in respect of social assistance and social protection – Concept of ‘core benefits’ – Directive 2000/43/EC – Principle of equal treatment between persons irrespective of racial or ethnic origin – Article 2 – Concept of discrimination – Article 21 of the Charter of Fundamental Rights of the European Union – Legislation of a Member State subjecting the grant of housing assistance to third-country nationals who are long-term residents to the condition that they provide proof, in a form specified by that legislation, that they have a basic command of the language of that Member State.#Case C-94/20.

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30664

Judgment of the Court (Grand Chamber) of 2 March 2021.#European Commission v Italian Republic and Others.#Appeal – State aid – Measures adopted by a consortium of banks governed by private law for the benefit of one of its members – Measures authorised by the Central Bank of the Member State – Concept of ‘State aid’ – Whether imputable to the State – State resources – Evidence supporting the conclusion that a measure is imputable – Distortion of elements of fact and of law – Decision declaring the aid incompatible with the internal market.#Case C-425/19 P.

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30665

Judgment of the Court (Grand Chamber) of 2 March 2021.#European Commission v Italian Republic and Others.#Appeal – State aid – Measures adopted by a consortium of banks governed by private law for the benefit of one of its members – Measures authorised by the Central Bank of the Member State – Concept of ‘State aid’ – Whether imputable to the State – State resources – Evidence supporting the conclusion that a measure is imputable – Distortion of elements of fact and of law – Decision declaring the aid incompatible with the internal market.#Case C-425/19 P.

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30666

Case C-425/19 P: Judgment of the Court (Grand Chamber) of 2 March 2021 — European Commission v Italian Republic, Banca Popolare di Bari Società Cooperativa per Azioni, Fondo interbancario di tutela dei depositi, Banca d’Italia (Appeal — State aid — Measures adopted by a consortium of banks governed by private law for the benefit of one of its members — Measures authorised by the Central Bank of the Member State — Concept of ‘State aid’ — Whether imputable to the State — State resources — Evidence supporting the conclusion that a measure is imputable — Distortion of elements of fact and of law — Decision declaring the aid incompatible with the internal market)

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30667

Judgment of the Court (Grand Chamber) of 2 March 2021.#A.B. and Others v Krajowa Rada Sądownictwa and Others.#Reference for a preliminary ruling – Article 2 and the second subparagraph of Article 19(1) TEU – Rule of law – Effective judicial protection – Principle of judicial independence – Procedure for appointment to a position as judge at the Sąd Najwyższy (Supreme Court, Poland) – Appointment by the President of the Republic of Poland on the basis of a resolution emanating from the National Council of the Judiciary – Lack of independence of that council – Lack of effectiveness of the judicial remedy available against such a resolution – Judgment of the Trybunał Konstytucyjny (Constitutional Court, Poland) repealing the provision on which the referring court’s jurisdiction is based – Adoption of legislation declaring the discontinuance of pending cases by operation of law and precluding in the future any judicial remedy in such cases – Article 267 TFEU – Option and/or obligation for national courts to make a reference for a preliminary ruling and to maintain that reference – Article 4(3) TEU – Principle of sincere cooperation ‐ Primacy of EU law – Power to disapply national provisions which do not comply with EU law.#Case C-824/18.

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30668

Judgment of the Court (Grand Chamber) of 2 March 2021.#A.B. and Others v Krajowa Rada Sądownictwa and Others.#Request for a preliminary ruling from the Naczelny Sąd Administracyjny.#Reference for a preliminary ruling – Article 2 and the second subparagraph of Article 19(1) TEU – Rule of law – Effective judicial protection – Principle of judicial independence – Procedure for appointment to a position as judge at the Sąd Najwyższy (Supreme Court, Poland) – Appointment by the President of the Republic of Poland on the basis of a resolution emanating from the National Council of the Judiciary – Lack of independence of that council – Lack of effectiveness of the judicial remedy available against such a resolution – Judgment of the Trybunał Konstytucyjny (Constitutional Court, Poland) repealing the provision on which the referring court’s jurisdiction is based – Adoption of legislation declaring the discontinuance of pending cases by operation of law and precluding in the future any judicial remedy in such cases – Article 267 TFEU – Option and/or obligation for national courts to make a reference for a preliminary ruling and to maintain that reference – Article 4(3) TEU – Principle of sincere cooperation ‐ Primacy of EU law – Power to disapply national provisions which do not comply with EU law.#Case C-824/18.

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30669

Judgment of the Court (Grand Chamber) of 2 March 2021.#Criminal proceedings against H. K.#Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Directive 2002/58/EC – Providers of electronic communications services – Confidentiality of the communications – Limitations – Article 15(1) – Articles 7, 8 and 11 and Article 52(1) of the Charter of Fundamental Rights of the European Union – Legislation providing for the general and indiscriminate retention of traffic and location data by providers of electronic communications services – Access of national authorities to retained data for the purpose of investigations – Combating of crime in general – Authorisation given by the public prosecutor’s office – Use of data in criminal proceedings as evidence – Admissibility.#Case C-746/18.

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30670

Judgment of the Court (Grand Chamber) of 2 March 2021.#Criminal proceedings against H. K.#Request for a preliminary ruling from the Riigikohus.#Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Directive 2002/58/EC – Providers of electronic communications services – Confidentiality of the communications – Limitations – Article 15(1) – Articles 7, 8 and 11 and Article 52(1) of the Charter of Fundamental Rights of the European Union – Legislation providing for the general and indiscriminate retention of traffic and location data by providers of electronic communications services – Access of national authorities to retained data for the purpose of investigations – Combating of crime in general – Authorisation given by the public prosecutor’s office – Use of data in criminal proceedings as evidence – Admissibility.#Case C-746/18.

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30671

Case C-824/18: Judgment of the Court (Grand Chamber) of 2 March 2021 (request for a preliminary ruling from the Naczelny Sąd Administracyjny — Poland) — A.B., C.D., E.F., G.H., I.J. v Krajowa Rada Sądownictwa (Reference for a preliminary ruling — Article 2 and the second subparagraph of Article 19(1) TEU — Rule of law — Effective judicial protection — Principle of judicial independence — Procedure for appointment to a position as judge at the Sąd Najwyższy (Supreme Court, Poland) — Appointment by the President of the Republic of Poland on the basis of a resolution emanating from the National Council of the Judiciary — Lack of independence of that council — Lack of effectiveness of the judicial remedy available against such a resolution — Judgment of the Trybunał Konstytucyjny (Constitutional Court, Poland) repealing the provision on which the referring court’s jurisdiction is based — Adoption of legislation declaring the discontinuance of pending cases by operation of law and precluding in the future any judicial remedy in such cases — Article 267 TFEU — Option and/or obligation for national courts to make a reference for a preliminary ruling and to maintain that reference — Article 4(3) TEU — Principle of sincere cooperation — Primacy of EU law — Power to disapply national provisions which do not comply with EU law)

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30672

Case C-746/18: Judgment of the Court (Grand Chamber) of 2 March 2021 (request for a preliminary ruling from the Riigikohus — Estonia) — Criminal proceedings against H.K. (Reference for a preliminary ruling — Processing of personal data in the electronic communications sector — Directive 2002/58/EC — Providers of electronic communications services — Confidentiality of the communications — Limitations — Article 15(1) — Articles 7, 8 and 11 and Article 52(1) of the Charter of Fundamental Rights of the European Union — Legislation providing for the general and indiscriminate retention of traffic and location data by providers of electronic communications services — Access of national authorities to retained data for the purpose of investigations — Combating of crime in general — Authorisation given by the public prosecutor’s office — Use of data in criminal proceedings as evidence — Admissibility)

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