Каталог правовых документов (cjeu_case)

104 314 документов
13981

Opinion of Advocate General Richard de la Tour delivered on 11 January 2024.#SF v MV and Others.#Request for a preliminary ruling from the Tribunal da Relação do Porto.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Directive (EU) 2019/1023 – Procedures concerning restructuring, insolvency and discharge of debt – Article 20 – Access to discharge – Article 23 – Derogations – Article 23(4) – Exclusion of specific categories of debt from discharge of debt – National legislation excluding tax and social security debts from the discharge of debt – Duly justified nature of such an exclusion.#Case C-20/23.

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13982

Case C-220/23, Prezes Urzędu Regulacji Energetyki: Order of the Court (Seventh Chamber) of 11 January 2024 (request for a preliminary ruling from the Sąd Apelacyjny w Warszawie — Poland) — R. sp. z o.o. v Prezes Urzędu Regulacji Energetyki (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — State aid — Support for renewable energy — Obligation to supply electricity from renewable energy sources — Aid compatible with the internal market — Prior notification of the aid — Article 108(3) TFEU — Possibility of imposing a pecuniary penalty for a breach of the supply obligation that occurred before that notification)

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13983

Judgment of the Court (Third Chamber) of 11 January 2024.#Nárokuj s.r.o. v EC Financial Services, a.s.#Reference for a preliminary ruling – Consumer protection – Directive 2008/48/EC – Credit agreements for consumers – Article 8 – Obligation of a creditor to check a consumer’s creditworthiness – Regularisation of a breach due to full performance of the credit agreement – Article 23 – Effective, proportionate and dissuasive penalties – Credit agreement void and creditor’s entitlement to payment of the agreed interest forfeited – No harmful consequences for the consumer – Holding creditors accountable and preventing irresponsible practices when granting credit to consumers.#Case C-755/22.

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13984

Judgment of the Court (Third Chamber) of 11 January 2024.#Nárokuj s.r.o. v EC Financial Services, a.s.#Request for a preliminary ruling from the Okresní soud Praha-západ.#Reference for a preliminary ruling – Consumer protection – Directive 2008/48/EC – Credit agreements for consumers – Article 8 – Obligation of a creditor to check a consumer’s creditworthiness – Regularisation of a breach due to full performance of the credit agreement – Article 23 – Effective, proportionate and dissuasive penalties – Credit agreement void and creditor’s entitlement to payment of the agreed interest forfeited – No harmful consequences for the consumer – Holding creditors accountable and preventing irresponsible practices when granting credit to consumers.#Case C-755/22.

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13985

Judgment of the Court (First Chamber) of 11 January 2024.#Global Ink Trade Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága.#Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Refusal of the right of deduction – Obligations of taxable persons – Duty of diligence – Burden of proof – Principles of fiscal neutrality and legal certainty – Primacy of EU law – Conflict between the case-law of a national court and EU law.#Case C-537/22.

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13986

Judgment of the Court (First Chamber) of 11 January 2024.#Global Ink Trade Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága.#Request for a preliminary ruling from the Fővárosi Törvényszék.#Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Refusal of the right to deduct – Obligations of the taxable person – Duty of diligence – Burden of proof – Principles of fiscal neutrality and legal certainty – Primacy of EU law – Conflict between the case-law of a national court and EU law.#Case C-537/22.

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13987

Judgment of the Court (Sixth Chamber) of 11 January 2024.#Amer Foz v Council of the European Union.#Appeal – Common foreign and security policy – Restrictive measures adopted against Syria – Measures directed against persons associated with persons and entities subject to restrictive measures – Lists of persons subject to the freezing of funds and economic resources – Proof that inclusion of the appellant’s name on those lists is well founded.#Case C-524/22 P.

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13988

Judgment of the Court (Sixth Chamber) of 11 January 2024.#Amer Foz v Council of the European Union.#Appeal – Common foreign and security policy – Restrictive measures adopted against Syria – Measures directed against persons associated with persons and entities subject to restrictive measures – Lists of persons subject to the freezing of funds and economic resources – Proof that inclusion of the appellant’s name on those lists is well founded.#Case C-524/22 P.

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13989

Judgment of the Court (Third Chamber) of 11 January 2024.#Eurobolt BV and Others v European Commission and Stafa Group.#Appeal – Dumping – Extension of the anti-dumping duty imposed on imports of certain iron or steel fasteners originating in China to imports consigned from Malaysia – Compliance with the judgment of 3 July 2019, Eurobolt (C‑644/17, EU:C:2019:555) – Re-imposition of a definitive anti-dumping duty – Implementing Regulation (EU) 2020/611 – Validity.#Case C-517/22 P.

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13990

Judgment of the Court (Third Chamber) of 11 January 2024.#Eurobolt BV and Others v European Commission and Stafa Group.#Appeal – Dumping – Extension of the anti-dumping duty imposed on imports of certain iron or steel fasteners originating in China to imports consigned from Malaysia – Compliance with the judgment of 3 July 2019, Eurobolt (C‑644/17, EU:C:2019:555) – Re-imposition of a definitive anti-dumping duty – Implementing Regulation (EU) 2020/611 – Validity.#Case C-517/22 P.

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13991

Judgment of the Court (Third Chamber) of 11 January 2024.#Mylan AB v Gilead Sciences Finland Oy and Others.#Reference for a preliminary ruling – Intellectual and industrial property – Medicinal product for human use – Supplementary protection certificate (SPC) – Directive 2004/48/EC – Article 9(7) – Placing on the market of products infringing SPC rights – Provisional measures ordered on the basis of an SPC – Subsequent invalidity of the SPC and revocation of the measures – Consequences – Right to appropriate compensation for losses caused by the provisional measures – Liability of the applicant for those measures for losses caused by them – National legislation providing for strict liability.#Case C-473/22.

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13992

Judgment of the Court (Third Chamber) of 11 January 2024.#Mylan AB v Gilead Sciences Finland Oy and Others.#Request for a preliminary ruling from the Markkinaoikeus.#Reference for a preliminary ruling – Intellectual and industrial property – Medicinal product for human use – Supplementary protection certificate (SPC) – Directive 2004/48/EC – Article 9(7) – Placing on the market of products infringing SPC rights – Provisional measures ordered on the basis of an SPC – Subsequent invalidity of the SPC and revocation of the measures – Consequences – Right to appropriate compensation for losses caused by the provisional measures – Liability of the applicant for those measures for losses caused by them – National legislation providing for strict liability.#Case C-473/22.

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13993

Judgment of the Court (Ninth Chamber) of 11 January 2024.#Wizz Air Hungary Légiközlekedési Zrt. (Wizz Air Hungary Zrt.) v European Commission.#Appeal – State aid – Air transport – Romania – Rescue aid to TAROM – Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty – Decision of the European Commission not to raise objections on the ground that the measures constitute aid compatible with the internal market.#Case C-440/22 P.

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13994

Judgment of the Court (Ninth Chamber) of 11 January 2024.#Wizz Air Hungary Légiközlekedési Zrt. (Wizz Air Hungary Zrt.) v European Commission.#Appeal – State aid – Air transport – Romania – Rescue aid to TAROM – Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty – Decision of the European Commission not to raise objections on the ground that the measures constitute aid compatible with the internal market.#Case C-440/22 P.

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13995

Judgment of the Court (Eighth Chamber) of 11 January 2024.#Autoridade Tributária e Aduaneira v HPA – Construções SA.#Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Annex IV – Point 2 – Temporary provisions for particular labour-intensive services – Reduced rate of VAT applicable to the renovation and repairing of private dwellings – Definition of ‘private dwellings’.#Case C-433/22.

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13996

Judgment of the Court (Eighth Chamber) of 11 January 2024.#Autoridade Tributária e Aduaneira v HPA – Construções SA.#Request for a preliminary ruling from the Supremo Tribunal Administrativo.#Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Annex IV – Point 2 – Temporary provisions for particular labour-intensive services – Reduced rate of VAT applicable to the renovation and repairing of private dwellings – Definition of ‘private dwellings’.#Case C-433/22.

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13997

Judgment of the Court (Fifth Chamber) of 11 January 2024.#G sp. z o.o. v W S.A.#Reference for a preliminary ruling – Internal market in electricity – Directive 2009/72/EC – Article 3(5) and (7) – Consumer protection – Right to switch supplier – Non-household customer – Fixed-term, fixed-price electricity supply contract concluded with a small undertaking – Contractual penalty for early termination – National legislation limiting the amount of that penalty to the ‘costs and damages resulting from the contract’.#Case C-371/22.

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13998

Judgment of the Court (Fifth Chamber) of 11 January 2024.#G sp. z o.o. v W S.A.#Request for a preliminary ruling from the Sąd Okręgowy w Warszawie.#Reference for a preliminary ruling – Internal market in electricity – Directive 2009/72/EC – Article 3(5) and (7) – Consumer protection – Right to switch supplier – Non-household customer – Fixed-term, fixed-price electricity supply contract concluded with a small undertaking – Contractual penalty for early termination – National legislation limiting the amount of that penalty to the ‘costs and damages resulting from the contract’.#Case C-371/22.

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13999

Judgment of the Court (Fifth Chamber) of 11 January 2024.#Planistat Europe and Hervé-Patrick Charlot v European Commission.#Appeal – Second paragraph of Article 340 TFEU – Non-contractual liability of the European Union – Regulation (EC) No 1073/1999 – Investigations conducted by the European Anti-Fraud Office (OLAF) – External investigation by OLAF – ‘Eurostat’ case – Forwarding by OLAF of information concerning matters liable to result in criminal proceedings to the national judicial authorities before the conclusion of the investigation – Filing of a complaint by the European Commission before the conclusion of the OLAF investigation – National criminal proceedings – Ruling that there is no need to adjudicate which has become final – Concept of a ‘sufficiently serious breach’ of a rule of EU law intended to confer rights on individuals – Material and non-material damage allegedly suffered by the appellants – Actions for damages.#Case C-363/22 P.

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14000

Judgment of the Court (Fifth Chamber) of 11 January 2024.#Planistat Europe and Hervé-Patrick Charlot v European Commission.#Appeal – Second paragraph of Article 340 TFEU – Non-contractual liability of the European Union – Regulation (EC) No 1073/1999 – Investigations conducted by the European Anti-Fraud Office (OLAF) – External investigation by OLAF – ‘Eurostat’ case – Forwarding by OLAF of information concerning matters liable to result in criminal proceedings to the national judicial authorities before the conclusion of the investigation – Filing of a complaint by the European Commission before the conclusion of the OLAF investigation – National criminal proceedings – Ruling that there is no need to adjudicate which has become final – Concept of a ‘sufficiently serious breach’ of a rule of EU law intended to confer rights on individuals – Material and non-material damage allegedly suffered by the appellants – Actions for damages.#Case C-363/22 P.

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