Каталог правовых документов (cjeu_case)

104 314 документов
13741

Judgment of the Court (Eighth Chamber) of 25 January 2024.#Proceedings brought by Sofiyski gradski sad.#Request for a preliminary ruling from the Sofiyski gradski sad.#Reference for a preliminary ruling – Area of freedom, justice and security – Judicial cooperation in criminal matters – Framework Decision 2005/212/JHA – Confiscation of crime-related proceeds, instrumentalities and property – Third indent of Article 1 – Concept of ‘instrumentality’ – Article 2(1) – Obligation for Member States to take measures to enable the confiscation of instrumentalities from criminal offences – Vehicle used to transport excise goods without a tax marking in breach of the law.#Case C-722/22.

cjeu_case ·
13742

Judgment of the Court (Ninth Chamber) of 25 January 2024.#European Commission v Ireland.#Failure of a Member State to fulfil obligations – Directive 98/83/EC – Quality of water intended for human consumption – Article 4(1) – Obligation on Member States to take the measures necessary to ensure that water intended for human consumption is wholesome and clean – Annex I, Part B – Exceedance of limit values for concentrations of trihalomethanes in drinking water – Article 8(2) – Obligation on Member States to take the necessary remedial action as soon as possible to restore the quality of the water and to give priority to their enforcement action.#Case C-481/22.

cjeu_case ·
13743

Judgment of the Court (Ninth Chamber) of 25 January 2024.#European Commission v Ireland.#Failure of a Member State to fulfil obligations – Directive 98/83/EC – Quality of water intended for human consumption – Article 4(1) – Obligation on Member States to take the measures necessary to ensure that water intended for human consumption is wholesome and clean – Annex I, Part B – Exceedance of limit values for concentrations of trihalomethanes in drinking water – Article 8(2) – Obligation on Member States to take the necessary remedial action as soon as possible to restore the quality of the water and to give priority to their enforcement action.#Case C-481/22.

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13746

Judgment of the Court (Second Chamber) of 25 January 2024.#Em akaunt BG ЕООD v Zastrahovatelno aktsionerno druzhestvo Armeets AD.#Reference for a preliminary ruling – Competition – Agreements, decisions and concerted practices – Article 101 TFEU – Setting of minimum fee amounts by a lawyers’ professional organisation – Decision by an association of undertakings – Court prohibited from ordering reimbursement of fees in an amount less than those minimum amounts – Restriction of competition – Justifications – Legitimate objectives – Quality of the services provided by the lawyers – Implementation of the judgment of 23 November 2017, CHEZ Elektro Bulgaria and FrontEx International (C‑427/16 and C‑428/16, EU:C:2017:890) – Whether the Wouters case-law may be relied on in a situation involving a restriction of competition by object.#Case C-438/22.

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13747

Judgment of the Court (Second Chamber) of 25 January 2024.#Em akaunt BG ЕООD v Zastrahovatelno aktsionerno druzhestvo Armeets AD.#Request for a preliminary ruling from the Sofiyski rayonen sad.#Reference for a preliminary ruling – Competition – Agreements, decisions and concerted practices – Article 101 TFEU – Setting of minimum fee amounts by a lawyers’ professional organisation – Decision by an association of undertakings – Court prohibited from ordering reimbursement of fees in an amount less than those minimum amounts – Restriction of competition – Justifications – Legitimate objectives – Quality of the services provided by the lawyers – Implementation of the judgment of 23 November 2017, CHEZ Elektro Bulgaria and FrontEx International (C‑427/16 and C‑428/16, EU:C:2017:890) – Whether the Wouters case-law may be relied on in a situation involving a restriction of competition by object.#Case C-438/22.

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13748

Judgment of the Court (Fifth Chamber) of 25 January 2024.#Obshtina Pomorie v 'ANHIALO AVTO' OOD.#Reference for a preliminary ruling – Transport – Council Regulation (EC) No 1370/2007 – Public passenger transport services by rail and by road – Public service contracts – Public service obligations – Public service compensation – Article 4(1)(b) – Mandatory content of public service contracts – Parameters for calculating public service compensation – Determination of prior, objective and transparent parameters – Absence of competitive tendering procedure – Application of the rules for calculating compensation contained in the annex to Regulation (EC) No 1370/2007 – Conditions laid down by the national legislation for the payment of compensation – Determination of the amount of compensation in the law approving the State budget for the year concerned and payment of that amount to the competent national authority – Setting parameters for calculating compensation by reference to general rules.#Case C-390/22.

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13749

Judgment of the Court (Fifth Chamber) of 25 January 2024.#Obshtina Pomorie v 'ANHIALO AVTO' OOD.#Request for a preliminary ruling from the Okrazhen sad - Burgas.#Reference for a preliminary ruling – Transport – Council Regulation (EC) No 1370/2007 – Public passenger transport services by rail and by road – Public service contracts – Public service obligations – Public service compensation – Article 4(1)(b) – Mandatory content of public service contracts – Parameters for calculating public service compensation – Determination of prior, objective and transparent parameters – Absence of competitive tendering procedure – Application of the rules for calculating compensation contained in the annex to Regulation (EC) No 1370/2007 – Conditions laid down by the national legislation for the payment of compensation – Determination of the amount of compensation in the law approving the State budget for the year concerned and payment of that amount to the competent national authority – Setting parameters for calculating compensation by reference to general rules.#Case C-390/22.

cjeu_case ·
13750

Judgment of the Court (Sixth Chamber) of 25 January 2024.#GC and Others v Croce Rossa Italiana and Others.#Reference for a preliminary ruling – Article 267 TFEU – Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling – Exceptions to that obligation – Criteria – Situations in which the correct interpretation of EU law is so obvious as to leave no scope for any reasonable doubt – Condition related to the national court or tribunal of last instance being convinced that the matter would be equally obvious to the other courts or tribunals of last instance of the Member States and to the Court of Justice – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clauses 2 and 3 – Concept of ‘fixed-term worker’ – Members of the military corps of the Italian Red Cross – Clause 5 – Measures seeking to prevent and, where relevant, punish abuse arising from the use of successive fixed-term employment contracts or relationships – Conversion of the status of ‘fixed-term workers’ into that of ‘permanent workers’ – Clause 4 – Principle of non-discrimination.#Case C-389/22.

cjeu_case ·
13751

Judgment of the Court (Sixth Chamber) of 25 January 2024.#GC and Others v Croce Rossa Italiana and Others.#Request for a preliminary ruling from the Consiglio di Stato.#Reference for a preliminary ruling – Article 267 TFEU – Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling – Exceptions to that obligation – Criteria – Situations in which the correct interpretation of EU law is so obvious as to leave no scope for any reasonable doubt – Condition related to the national court or tribunal of last instance being convinced that the matter would be equally obvious to the other courts or tribunals of last instance of the Member States and to the Court of Justice – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clauses 2 and 3 – Concept of ‘fixed-term worker’ – Members of the military corps of the Italian Red Cross – Clause 5 – Measures seeking to prevent and, where relevant, punish abuse arising from the use of successive fixed-term employment contracts or relationships – Conversion of the status of ‘fixed-term workers’ into that of ‘permanent workers’ – Clause 4 – Principle of non-discrimination.#Case C-389/22.

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13752

Judgment of the Court (Fourth Chamber) of 25 January 2024.#Audi AG v GQ.#Reference for a preliminary ruling – EU trade mark – Regulation (EU) 2017/1001 – Article 9(2) and (3)(a) to (c) – Right conferred by an EU trade mark – Concept of ‘using in the course of trade any sign’ – Article 14(1)(c) – Limitations on the effects of an EU trade mark – Right of the proprietor of an EU trade mark to oppose the use by a third party of a sign identical with, or similar to, the trade mark for motor vehicle spare parts – Component of a radiator grille designed for the attachment of an emblem representing the trade mark of a motor vehicle manufacturer.#Case C-334/22.

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13753

Judgment of the Court (Fourth Chamber) of 25 January 2024.#Audi AG v GQ.#Request for a preliminary ruling from the Sąd Okręgowy w Warszawie.#Reference for a preliminary ruling – EU trade mark – Regulation (EU) 2017/1001 – Article 9(2) and (3)(a) to (c) – Right conferred by an EU trade mark – Concept of ‘using in the course of trade any sign’ – Article 14(1)(c) – Limitations on the effects of an EU trade mark – Right of the proprietor of an EU trade mark to oppose the use by a third party of a sign identical with, or similar to, the trade mark for motor vehicle spare parts – Component of a radiator grille designed for the attachment of an emblem representing the trade mark of a motor vehicle manufacturer.#Case C-334/22.

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13754

Judgment of the Court (Eighth Chamber) of 25 January 2024.#Global NRG Kereskedelmi és Tanácsadó Zrt. v Magyar Energetikai és Közmű-szabályozási Hivatal.#Reference for a preliminary ruling – Internal market in natural gas – Directive 2009/73/EC – Article 41(17) – Natural gas transmission system – National regulatory authority – Fixing of system usage charges and connection fees – Fixing of remuneration for any services provided by the system operator – Concept of ‘a party affected by a decision of a regulatory authority’ – Appeal against that decision – Right to an effective remedy – Article 47 of the Charter of Fundamental Rights of the European Union.#Case C-277/22.

cjeu_case ·
13755

Judgment of the Court (Eighth Chamber) of 25 January 2024.#Global NRG Kereskedelmi és Tanácsadó Zrt. v Magyar Energetikai és Közmű-szabályozási Hivatal.#Request for a preliminary ruling from the Fővárosi Törvényszék.#Reference for a preliminary ruling – Internal market in natural gas – Directive 2009/73/EC – Article 41(17) – Natural gas transmission system – National regulatory authority – Fixing of system usage charges and connection fees – Fixing of remuneration for any services provided by the system operator – Concept of ‘a party affected by a decision of a regulatory authority’ – Appeal against that decision – Right to an effective remedy – Article 47 of the Charter of Fundamental Rights of the European Union.#Case C-277/22.

cjeu_case ·
13756

Judgment of the Court (First Chamber) of 25 January 2024.#Criminal proceedings against NR.#Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Article 50 – Principle ne bis in idem – Criminal proceedings brought in rem – Order that no further action be taken adopted by a public prosecutor – Admissibility of subsequent criminal proceedings brought in personam for the same facts – Conditions that must be satisfied in order for a person to be regarded as having been finally acquitted or convicted – Requirement for a detailed investigation – No interview of a possible witness – No interview of the person concerned in the capacity of ‘suspect’.#Case C-58/22.

cjeu_case ·
13757

Judgment of the Court (First Chamber) of 25 January 2024.#Criminal proceedings against NR.#Request for a preliminary ruling from the Curtea de Apel Craiova.#Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Article 50 – Principle ne bis in idem – Criminal proceedings brought in rem – Order that no further action be taken adopted by a public prosecutor’s office – Admissibility of later criminal proceedings brought in personam in respect of the same facts – Conditions to be satisfied for it to be held that a person has been finally acquitted or convicted – Requirement for a detailed investigation – No interview of a potential witness – No interview of the person concerned as a ‘suspect’.#Case C-58/22.

cjeu_case ·
13758

Opinion of Advocate General Richard de la Tour delivered on 25 January 2024.#Meta Platforms Ireland Limited v Bundesverband der Verbraucherzentralen und Verbraucherverbände - Verbraucherzentrale Bundesverband e.V.#Request for a preliminary ruling from the Bundesgerichtshof.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – First sentence of Article 12(1) – Transparency of information – Article 13(1)(c) and (e) – Obligation of the controller to provide information – Article 80(2) – Representation of data subjects by a consumer protection association – Representative action in the absence of a mandate and independently of the infringement of specific rights of a data subject – Action based on infringement by the controller of its obligation to provide information – Concept of ‘infringement of [the rights of a data subject] as a result of the processing’.#Case C-757/22.

cjeu_case ·
13759

Opinion of Advocate General Medina delivered on 25 January 2024.#QY v Bundesrepublik Deutschland.#Request for a preliminary ruling from the Bundesverwaltungsgericht.#Reference for a preliminary ruling – Area of freedom, security and justice – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Article 33(2)(a) – No possibility for the authorities of a Member State to reject an application for asylum as inadmissible on the ground that refugee status was previously granted in another Member State – Article 4 of the Charter of the Fundamental Rights of the European Union – Risk of being subjected to inhuman or degrading treatment in that other Member State – Examination by those authorities of that application for asylum despite the granting of refugee status in that other Member State – Directive 2011/95/EU – Article 4 – Individual examination.#Case C-753/22.

cjeu_case ·
13760

Opinion of Advocate General Rantos delivered on 25 January 2024.#DISA Suministros y Trading SLU (DISA) v Agencia Estatal de la Administración Tributaria.#Request for a preliminary ruling from the Tribunal Supremo (Supreme Court, Spain),.#Reference for a preliminary ruling – Taxation of energy products and electricity – Directive 2003/96/EC – Article 5 – Excise duty on mineral oils – Regional rate of excise duties on mineral oils on top of the national rate – Differentiated rates of excise duties in the territory of a Member State according to the region in which the product is consumed.#Case C-743/22.

cjeu_case ·