Каталог правовых документов (cjeu_case)

104 314 документов
10421

Case C-86/23, HUK-COBURG-Allgemeine Versicherung II: Judgment of the Court (Fourth Chamber) of 5 September 2024 (request for a preliminary ruling from the Varhoven kasatsionen sad – Bulgaria) – E.N.I., Y.K.I. v HUK-COBURG-Allgemeine Versicherung AG (Reference for a preliminary ruling – Judicial cooperation in civil matters – Law applicable to non-contractual obligations – Regulation (EC) No 864/2007 – Article 16 – Overriding mandatory provisions – Road traffic accident – Rights to compensation recognised in respect of the family members of the deceased person – Principle of fairness for the purposes of compensation for non-material damage suffered – Assessment criteria)

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10422

Case C-83/23, H GmbH (Direct right to a VAT refund): Judgment of the Court (Seventh Chamber) of 5 September 2024 (request for a preliminary ruling from the Bundesfinanzhof – Germany) – H GmbH v Finanzamt M (Reference for a preliminary ruling – Harmonisation of fiscal legislation – Common system of value added tax (VAT) – Directive 2006/112/EC – VAT unduly invoiced and paid – Correction of the invoice – Liquidation of the supplier – Refund to the supplier of the VAT – Refusal of the tax authority to refund the VAT directly to the purchaser – Priority for the right to a VAT refund – Risk of a double refund of the VAT – Risk of loss of tax revenue)

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10423

Case C-67/23, W. GmbH: Judgment of the Court (First Chamber) of 5 September 2024 (request for a preliminary ruling from the Bundesgerichtshof – Germany) – Criminal proceedings against S.Z. (Reference for a preliminary ruling – Common foreign and security policy – Restrictive measures in respect of Burma/Myanmar – Prohibition on the import of goods originating in or exported from Burma/Myanmar – Regulation (EC) No 194/2008 – Article 2(2)(a) – Teak logs originating in Burma/Myanmar exported to and processed in Taiwan before being transported to the European Union – Regulation (EEC) No 2913/92 – Community Customs Code – Article 24 – Concept of substantial processing or working – Teak logs that have been debranched, debarked, sawn into the shape of wooden cuboids or cut into sawn teak wood in Taiwan – Certificate of origin issued by the Taiwanese authorities – Value of that certificate for the determination, by the customs authorities of the Member States, of the origin of those teak logs)

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10424

Judgment of the Court (First Chamber) of 5 September 2024.#M.S.G. and Others v Banco Santander, SA.#Reference for a preliminary ruling – Directive 2014/59/EU – Resolution of credit institutions and investment firms – General principles – Article 34(1)(a) and (b) – Bail-in – Write down of capital instruments – Conversion of subordinated obligations into shares and mandatory transfer for no consideration – Effects – Article 38(13) – Article 53(1) and (3) – Article 60(2), first subparagraph, points (b) and (c) – Articles 73 to 75 – Protection of the rights of shareholders and creditors – Purchase of capital instruments – Flawed and incorrect information provided in the prospectus – Action for damages – Action for a declaration of nullity in respect of the agreement for the purchase of capital instruments – Actions brought against the universal successor of the credit institution subject to a resolution decision.#Joined Cases C-775/22, C-779/22 and C-794/22.

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10425

Judgment of the Court (First Chamber) of 5 September 2024.#M.S.G. and Others v Banco Santander SA.#Requests for a preliminary ruling from the Tribunal Supremo.#Reference for a preliminary ruling – Directive 2014/59/EU – Resolution of credit institutions and investment firms – General principles – Article 34(1)(a) and (b) – Bail-in – Write down of capital instruments – Conversion of subordinated obligations into shares and mandatory transfer for no consideration – Effects – Article 38(13) – Article 53(1) and (3) – Article 60(2), first subparagraph, points (b) and (c) – Articles 73 to 75 – Protection of the rights of shareholders and creditors – Purchase of capital instruments – Flawed and incorrect information provided in the prospectus – Action for damages – Action for a declaration of nullity in respect of the agreement for the purchase of capital instruments – Actions brought against the universal successor of the credit institution subject to a resolution decision.#Joined Cases C-775/22, C-779/22 and C-794/22.

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10426

Judgment of the Court (Fourth Chamber) of 5 September 2024.#X and Others v Inspecteur van de Belastingdienst Utrecht and Others.#References for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Exemptions – Article 135(1)(g) – Management of special investment funds – Definition – Pension funds – Comparability with an undertaking for collective investment in transferable securities (UCITS) – Investment risk borne by the members – Scope – Need for comparison with a pension fund regarded by the Member State concerned as a special investment fund.#Joined Cases C-639/22 to C-644/22.

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10427

Judgment of the Court (Fourth Chamber) of 5 September 2024.#X and Others v Inspecteur van de Belastingdienst Utrecht and Others.#Requests for a preliminary ruling from the rechtbank Gelderland.#References for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Exemptions – Article 135(1)(g) – Management of special investment funds – Definition – Pension funds – Comparability with an undertaking for collective investment in transferable securities (UCITS) – Investment risk borne by the members – Scope – Need for comparison with a pension fund regarded by the Member State concerned as a special investment fund.#Joined Cases C-639/22 to C-644/22.

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10428

Judgment of the Court (Third Chamber) of 5 September 2024.#Criminal proceedings against M.S. and Others.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive (EU) 2016/800 – Procedural safeguards for children who are suspects or accused persons in criminal proceedings – Scope – Article 2(3) – Persons who were children on the date on which criminal proceedings were initiated against them but who reach the age of 18 years during the proceedings – Article 4 – Right to information – Article 6 – Right of access to a lawyer – Article 18 – Right to legal aid – Article 19 – Remedies – Admissibility of evidence obtained in breach of procedural rights.#Case C-603/22.

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10429

Judgment of the Court (Third Chamber) of 5 September 2024.#Criminal proceedings against M.S. and Others.#Request for a preliminary ruling from the Sąd Rejonowy w Słupsku.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive (EU) 2016/800 – Procedural safeguards for children who are suspects or accused persons in criminal proceedings – Scope – Article 2(3) – Persons who were children on the date on which criminal proceedings were initiated against them but who reach the age of 18 years during the proceedings – Article 4 – Right to information – Article 6 – Right of access to a lawyer – Article 18 – Right to legal aid – Article 19 – Remedies – Admissibility of evidence obtained in breach of procedural rights.#Case C-603/22.

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10430

Judgment of the Court (Fourth Chamber) of 5 September 2024.#Novo Banco SA - Sucursal en España and Others v C.F.O. and Others.#Reference for a preliminary ruling – Reorganisation and winding up of credit institutions – Directive 2001/24/EC – Articles 3 and 6 – Reorganisation measure taken in respect of a credit institution – Transfer of the obligations and responsibilities of that credit institution to a ‘bridge bank’ prior to the bringing of a legal action seeking payment of a claim held against that credit institution – Transfer back to the same credit institution of certain of those obligations and responsibilities – Law of the Member State where the proceedings concerned were brought (lex concursus) – Effects of a reorganisation measure in other Member States – Mutual recognition – Effects of a failure to comply with the obligation to publish the reorganisation measure – Articles 17, 21, 38 and 47 of the Charter of Fundamental Rights of the European Union – Right to property – Effective judicial protection – Consumer protection – Directive 93/13/EC – Article 6(1) – Unfair terms – Principles of legal certainty and the protection of legitimate expectations – Whether the ‘bridge bank’ can be sued.#Joined Cases C-498/22 to C-500/22.

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10431

Judgment of the Court (Fourth Chamber) of 5 September 2024.#Novo Banco SA - Sucursal en España and Others v C.F.O. and Others.#Requests for a preliminary ruling from the Tribunal Supremo.#Reference for a preliminary ruling – Reorganisation and winding up of credit institutions – Directive 2001/24/EC – Articles 3 and 6 – Reorganisation measure taken in respect of a credit institution – Transfer of the obligations and responsibilities of that credit institution to a ‘bridge bank’ prior to the bringing of a legal action seeking payment of a claim held against that credit institution – Transfer back to the same credit institution of certain of those obligations and responsibilities – Law of the Member State where the proceedings concerned were brought (lex concursus) – Effects of a reorganisation measure in other Member States – Mutual recognition – Effects of a failure to comply with the obligation to publish the reorganisation measure – Articles 17, 21, 38 and 47 of the Charter of Fundamental Rights of the European Union – Right to property – Effective judicial protection – Consumer protection – Directive 93/13/EC – Article 6(1) – Unfair terms – Principles of legal certainty and the protection of legitimate expectations – Whether the ‘bridge bank’ can be sued.#Joined Cases C-498/22 to C-500/22.

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10432

Judgment of the Court (Third Chamber) of 5 September 2024.#European Commission v Czech Republic.#Appeal – Own resources of the European Union – Financial liability of a Member State – Payment to the European Commission of amounts corresponding to a loss of own resources – Action based on unjust enrichment of the European Union – Obligations of the Member States with regard to own resources – Establishment of the amounts of own resources – Entry of amounts not recovered in the B account – Time limits – Exemption from making available amounts corresponding to established entitlements declared irrecoverable – Conditions.#Case C-494/22 P.

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10433

Judgment of the Court (Third Chamber) of 5 September 2024.#European Commission v Czech Republic.#Appeal – Own resources of the European Union – Financial liability of a Member State – Payment to the European Commission of amounts corresponding to a loss of own resources – Action based on unjust enrichment of the European Union – Obligations of the Member States with regard to own resources – Establishment of the amounts of own resources – Entry of amounts not recovered in the B account – Time limits – Exemption from making available amounts corresponding to established entitlements declared irrecoverable – Conditions.#Case C-494/22 P.

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10434

Judgment of the Court (First Chamber) of 5 September 2024.#Republic of Slovenia v European Commission.#Appeal – State aid – Articles 107 and 108 TFEU – Measures granted by the Republic of Slovenia to a municipal network of dispensing pharmacies before its accession to the European Union – Preliminary examination phase – Failure to initiate the formal investigation procedure – Concept of ‘serious difficulties’ – Extent of the European Commission’s investigative duty – Burden of proof on the party relying on the existence of ‘serious difficulties’ – Scope.#Case C-447/22 P.

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10435

Judgment of the Court (First Chamber) of 5 September 2024.#Republic of Slovenia v European Commission.#Appeal – State aid – Articles 107 and 108 TFEU – Measures granted by the Republic of Slovenia to a municipal network of dispensing pharmacies before its accession to the European Union – Preliminary examination phase – Failure to initiate the formal investigation procedure – Concept of ‘serious difficulties’ – Extent of the European Commission’s investigative duty – Burden of proof on the party relying on the existence of ‘serious difficulties’ – Scope.#Case C-447/22 P.

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10436

Opinion of Advocate General Emiliou delivered on 5 September 2024.#Criminal proceedings against OP.#Request for a preliminary ruling from the tribunal judiciaire de Marseille.#Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Conflict between a European arrest warrant and an extradition request presented by a third State – Article 16(3) – Concept of ‘competent authority’ – National legislation conferring power on a body of the executive to rule on whether the European arrest warrant or the extradition request takes precedence, in the event of a conflict – Right to a remedy.#Case C-763/22.

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10438

Opinion of Advocate General Emiliou delivered on 5 September 2024.#BSH Hausgeräte GmbH v Electrolux AB.#Request for a preliminary ruling from the Svea hovrätt, Patent- och marknadsöverdomstolen.#Reference for a preliminary ruling – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 4(1) – General jurisdiction – Article 24(4) – Exclusive jurisdiction – Jurisdiction in proceedings concerned with the registration or validity of patents – Infringement action – European patent validated in Member States and in a third State – Challenge to the validity of the patent raised as a defence – International jurisdiction of the court hearing the infringement action.#Case C-339/22.

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10439

Joined Cases C-775/22, C-779/22 and C-794/22, Banco Santander (Resolution of Banco Popular II): Judgment of the Court (First Chamber) of 5 September 2024 (requests for a preliminary ruling from the Tribunal Supremo – Spain) – M.S.G. and Others v Banco Santander SA (Reference for a preliminary ruling – Directive 2014/59/EU – Resolution of credit institutions and investment firms – General principles – Article 34(1)(a) and (b) – Bail-in – Write down of capital instruments – Conversion of subordinated obligations into shares and mandatory transfer for no consideration – Effects – Article 38(13) – Article 53(1) and (3) – Article 60(2), first subparagraph, points (b) and (c) – Articles 73 to 75 – Protection of the rights of shareholders and creditors – Purchase of capital instruments – Flawed and incorrect information provided in the prospectus – Action for damages – Action for a declaration of nullity in respect of the agreement for the purchase of capital instruments – Actions brought against the universal successor of the credit institution subject to a resolution decision)

cjeu_case ·
10440

Joined Cases C-639/22 to C-644/22, Inspecteur van de Belastingdienst Utrecht: Judgment of the Court (Fourth Chamber) of 5 September 2024 (request for a preliminary ruling from the rechtbank Gelderland – Netherlands) – X and Others v Inspecteur van de Belastingdienst Utrecht and Others (References for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Exemptions – Article 135(1)(g) – Management of special investment funds – Definition – Pension funds – Comparability with an undertaking for collective investment in transferable securities (UCITS) – Investment risk borne by the members – Scope – Need for comparison with a pension fund regarded by the Member State concerned as a special investment fund)

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