9221Judgment of the Court (Fifth Chamber) of 7 November 2024.#UD and Others v Presidenza del Consiglio dei Ministri and Ministero dell'Interno.#Request for a preliminary ruling from the Tribunale Ordinario di Venezia.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2004/80/EC – Article 12(2) – National schemes on compensation to victims of violent intentional crime – Homicide – Compensation for close family members of the deceased – Concept of ‘victim’ – ‘Tiered’ compensation scheme according to the order of succession – National legislation excluding the payment of compensation to other family members of the deceased when there are children or a surviving spouse – Parents and siblings of the deceased – ‘Fair and appropriate’ compensation.#Case C-126/23.cjeu_case · 7 novembre 2024
9222Opinion of Advocate General Ćapeta delivered on 7 November 2024.#ÖBB-Infrastruktur AG and WESTbahn Management GmbH v Schienen-Control Kommission.#Request for a preliminary ruling from the Bundesverwaltungsgericht.#Reference for a preliminary ruling – Rail transport – Directive 2012/34/EU – Levying of charges for the use of railway infrastructure – Establishing, determining and collecting charges – Article 29 – Exceptions to charging principles – Article 32 – Mark-ups – Modalities for calculation and publication – Article 56 – Functions of the regulatory body – Authorisation procedure for mark-ups, provided for by national law – Conditions.#Case C-538/23.cjeu_case · 7 novembre 2024
9223Opinion of Advocate General Richard de la Tour delivered on 7 November 2024.#OB v Procura della Repubblica presso il Tribunale di Bologna.#Request for a preliminary ruling from the Tribunale di Bologna.#Reference for a preliminary ruling – Area of freedom, security and justice – Border controls, asylum and immigration – Directive 2002/90/EC – General offence of facilitation of unauthorised entry, transit and residence – Article 1(1)(a) – Interpretation consistent with the Charter of Fundamental Rights of the European Union – Article 7 – Respect for private and family life – Article 24 – Rights of the child – Article 52(1) – Interference with the essence of fundamental rights – Article 18 – Right to asylum – Person bringing into the territory of a Member State, in an unauthorised manner, minors who are third-country nationals accompanying him or her and over whom he or she exercises actual care.#Case C-460/23.cjeu_case · 7 novembre 2024
9224Case C-594/23, Lomoco Development and Others: Judgment of the Court (Seventh Chamber) of 7 November 2024 (request for a preliminary ruling from the Vestre Landsret – Denmark) – Skatteministeriet v Lomoco Development ApS and Others (Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Supply of land that has only the foundations of residential housing structures in place – Classification – Article 12 – Concepts of building land and building or parts of a building – Criterion of the first occupation of a building)cjeu_case · 7 novembre 2024
9225Case C-503/23, Centro di Assistenza Doganale Mellano: Judgment of the Court (First Chamber) of 7 November 2024 (request for a preliminary ruling from the Tribunale amministrativo regionale per il Piemonte – Italy) – Centro di Assistenza Doganale (Cad) Mellano Srl v Agenzia delle Dogane e dei Monopoli – Agenzia delle Dogane – Direzione Interregionale per la Liguria, Ministero dell’Economia e delle Finanze (Reference for a preliminary ruling – Customs union – Union Customs Code – Regulation (EU) No 952/2013 – Article 18 – Customs representative – Freedom to provide services – Directive 2006/123/EC – Articles 10 and 15 – Customs assistance centres – Territorial limitation of the activity – Restriction – Justification)cjeu_case · 7 novembre 2024
9226Case C-326/23, Prezes Urzędu Ochrony Konkurencji i Konsumentów: Judgment of the Court (Fifth Chamber) of 7 November 2024 (request for a preliminary ruling from the Sąd Najwyższy – Poland) – C.W. S.A. and Others v Prezes Urzędu Ochrony Konkurencji i Konsumentów (Reference for a preliminary ruling – Article 267 TFEU – Concept of court or tribunal – Judge of the Civil Chamber of the Sąd Najwyższy (Supreme Court, Poland) – Judge appointed by the President of the Republic of Poland on the basis of a resolution of the Krajowa Rada Sądownictwa (National Council of the Judiciary, Poland) in its new composition – Reference for a preliminary ruling from a panel of judges without the status of an independent and impartial tribunal previously established by law – Inadmissibility)cjeu_case · 7 novembre 2024
9227Case C-291/23, Hantoch: Judgment of the Court (Fifth Chamber) of 7 November 2024 (request for a preliminary ruling from the Landgericht Düsseldorf – Germany) – LS v PL (Reference for a preliminary ruling – Jurisdiction in civil matters – Regulation (EU) No 650/2012 – Article 10(1) – Subsidiary jurisdiction in matters of succession – Deceased person habitually resident in a third State at the time of death – Criterion of the location of the assets of the estate in a Member State – Decisive point in time – Assessment at the time of death)cjeu_case · 7 novembre 2024
9228Joined Cases C-289/23 and C-305/23, Corván and Bacigán: Judgment of the Court (Second Chamber) of 7 November 2024 (requests for a preliminary ruling from the Juzgado de lo Mercantil no 1 de Alicante and the Juzgado de lo Mercantil no 10 de Barcelona – Spain) – Agencia Estatal de la Administración Tributaria, S.E.I. v A, Agencia Estatal de la Administración Tributaria (Reference for a preliminary ruling – Judicial cooperation in civil matters – Directive (EU) 2019/1023 – Procedures concerning restructuring, insolvency and discharge of debt – Article 1(4) – Subject matter and scope – Extension of procedures to insolvent natural persons who are not entrepreneurs – Article 20 – Access to discharge of debt – Article 23(1), (2) and (4) – Derogations – Exclusion of specific categories of debt from discharge of debt – Natural person who has become insolvent – Good faith of the debtor – Conditions for access to discharge of debt – Exclusion of claims governed by public law)cjeu_case · 7 novembre 2024
9229Case C-178/23, ERB New Europe Funding II: Judgment of the Court (Eighth Chamber) of 7 November 2024 (request for a preliminary ruling from the Tribunalul Specializat Mureş – Romania) – ERB New Europe Funding II v YI (Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Article 7(1) – Unfair terms in consumer contracts – Powers and obligations of the national court – First legal remedy pursued by the consumer before the court of the place where the seller or supplier has its registered office, without the assistance of a lawyer and without that consumer attending the hearing – Second legal remedy pursued by the consumer before the court of his or her place of domicile, with the assistance of a lawyer – Res judicata – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection of the consumer)cjeu_case · 7 novembre 2024
9230Case C-126/23, Burdene: Judgment of the Court (Fifth Chamber) of 7 November 2024 (request for a preliminary ruling from the Tribunale Ordinario di Venezia – Italy) – UD and Others v Presidenza del Consiglio dei Ministri, Ministero dell’Interno (Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2004/80/EC – Article 12(2) – National schemes on compensation to victims of violent intentional crime – Homicide – Compensation for close family members of the deceased – Concept of victim – Tiered compensation scheme according to the order of succession – National legislation excluding the payment of compensation to other family members of the deceased when there are children or a surviving spouse – Parents and siblings of the deceased – Fair and appropriate compensation)cjeu_case · 7 novembre 2024
9231Case T-709/22: Order of the General Court of 7 November 2024 – Illumina v Commission (Competition – Concentrations – Pharmaceutical industry market – Acquisition by Illumina of sole control of Grail – Decision declaring the concentration incompatible with the internal market and the functioning of the EEA Agreement – Withdrawal of the contested decision – Disappearance of the subject matter of the action – No need to adjudicate)cjeu_case · 7 novembre 2024
9232Judgment of the Court (First Chamber) of 7 November 2024.#XX v Inspecteur van de Belastingdienst.#Request for a preliminary ruling from the Gerechtshof 's-Hertogenbosch.#Reference for a preliminary ruling – Article 63(1) TFEU – Free movement of capital – Restrictions – Tax legislation – Corporation tax – Taxation of dividends – Equal treatment of resident and non-resident companies – National legislation reserving to resident companies the possibility of deducting from their taxable profits relating to dividends the expenses corresponding to their commitments to their customers under ‘unit-linked’ insurance contracts and of offsetting in full taxation of the dividends against corporation tax.#Case C-782/22.cjeu_case · 7 novembre 2024
9233Judgment of the Court (Fifth Chamber) of 7 November 2024.#Adusbef - Associazione difesa utenti servizi bancari e finanziari v Presidenza del Consiglio dei Ministri and Others.#Reference for a preliminary ruling – Directive 2014/23/EU – Procedure for awarding concession contracts – Article 43 – Modification made to a concession during its term without opening up to competition – Concession of motorways – Collapse of the Morandi Bridge in Genoa (Italy) – National proceedings for serious failure to fulfil motorway network maintenance and preservation obligations – New obligations imposed on the concessionaire – Obligation of the contracting authority to make a prior decision on whether it is necessary to organise a new award procedure – Obligation of the contracting authority to carry out a prior examination of the reliability of the concessionaire.#Case C-683/22.cjeu_case · 7 novembre 2024
9234Judgment of the Court (Fifth Chamber) of 7 November 2024.#Adusbef - Associazione difesa utenti servizi bancari e finanziari v Presidenza del Consiglio dei Ministri and Others.#Request for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio.#Reference for a preliminary ruling – Directive 2014/23/EU – Procedure for awarding concession contracts – Article 43 – Modification made to a concession during its term without opening up to competition – Concession of motorways – Collapse of the Morandi Bridge in Genoa (Italy) – National proceedings for serious failure to fulfil motorway network maintenance and preservation obligations – New obligations imposed on the concessionaire – Obligation of the contracting authority to make a prior decision on whether it is necessary to organise a new award procedure – Obligation of the contracting authority to carry out a prior examination of the reliability of the concessionaire.#Case C-683/22.cjeu_case · 7 novembre 2024
9235Judgment of the Court (Fourth Chamber) of 7 November 2024.#Ryanair DAC v European Commission.#Appeal – State aid – Article 107(3)(b) TFEU – Finnish air-transport market – Aid granted to an airline by the Republic of Finland in the context of the COVID-19 pandemic – Temporary Framework for State aid measures – Recapitalisation of Finnair plc – Decision by the European Commission not to raise any objections – Aid to remedy a serious disturbance in the economy – Principles of proportionality and of non-discrimination.#Case C-588/22 P.cjeu_case · 7 novembre 2024
9236Case C-782/22, XX (Unit-linked contracts): Judgment of the Court (First Chamber) of 7 November 2024 (request for a preliminary ruling from the Gerechtshof ’s-Hertogenbosch – Netherlands) – XX v Inspecteur van de Belastingdienst (Reference for a preliminary ruling – Article 63(1) TFEU – Free movement of capital – Restrictions – Tax legislation – Corporation tax – Taxation of dividends – Equal treatment of resident and non-resident companies – National legislation reserving to resident companies the possibility of deducting from their taxable profits relating to dividends the expenses corresponding to their commitments to their customers under unit-linked insurance contracts and of offsetting in full taxation of the dividends against corporation tax)cjeu_case · 7 novembre 2024
9237Case C-683/22, Adusbef (Pont Morandi): Judgment of the Court (Fifth Chamber) of 7 November 2024 (request for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio – Italy) – Adusbef – Associazione difesa utenti servizi bancari e finanziari v Presidenza del Consiglio dei ministri, Ministero dell’Economia e delle Finanze and Others (Reference for a preliminary ruling – Directive 2014/23/EU – Procedure for awarding concession contracts – Article 43 – Modification made to a concession during its term without opening up to competition – Concession of motorways – Collapse of the Morandi Bridge in Genoa (Italy) – National proceedings for serious failure to fulfil motorway network maintenance and preservation obligations – New obligations imposed on the concessionaire – Obligation of the contracting authority to make a prior decision on whether it is necessary to organise a new award procedure – Obligation of the contracting authority to carry out a prior examination of the reliability of the concessionaire)cjeu_case · 7 novembre 2024
9238Case C-588/22 P: Judgment of the Court (Fourth Chamber) of 7 November 2024 – Ryanair DAC v European Commission, French Republic, Republic of Finland (Appeal – State aid – Article 107(3)(b) TFEU – Finnish air-transport market – Aid granted to an airline by the Republic of Finland in the context of the COVID-19 pandemic – Temporary Framework for State aid measures – Recapitalisation of Finnair plc – Decision by the European Commission not to raise any objections – Aid to remedy a serious disturbance in the economy – Principles of proportionality and of non-discrimination)cjeu_case · 7 novembre 2024
9239Case T-573/24: Action brought on 6 November 2024 – Romagnoli Fratelli v CPVO (Melrose)cjeu_case · 6 novembre 2024
9240Order of the Court (Sixth Chamber) of 6 November 2024.#Criminal proceedings against M. N. D. and Y. G. Ts.#Request for a preliminary ruling from the Okrazhen sad Pleven.#Case C-241/24.cjeu_case · 6 novembre 2024