14161Judgment of the Court (Fifth Chamber) of 21 December 2023.#SIA 'DOBELES AUTOBUSU PARKS' and Others v Iepirkumu uzraudzības birojs and VSIA 'Autotransporta direkcija'.#Request for a preliminary ruling from the Augstākā tiesa (Senāts).#Reference for a preliminary ruling – Transport – Public passenger transport services by rail and by road – Regulation (EC) No 1370/2007 – Article 1(1) – Article 2a(2) – Article 3(1) – Article 4(1) – Article 6(1) – Contract for the provision of public passenger transport services by bus – Procedure for awarding a public service contract – Open, transparent and non-discriminatory tendering procedure – Specifications – Amount of compensation granted by the competent national authority – Indexation limited in terms of time and categories of specific costs – Spreading of risk.#Case C-421/22.cjeu_case · December 21, 2023
14162Judgment of the Court (Seventh Chamber) of 21 December 2023.#RQ.#Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4a(1) – Surrender procedure between Member States – Conditions for execution – Grounds for optional non-execution – Exceptions – Mandatory execution – Sentence handed down in absentia – Concept of ‘trial resulting in the decision’ – Person concerned not having appeared in person either at first instance or on appeal – National legislation imposing an absolute prohibition on surrender of the person concerned in the case of a decision rendered in absentia – Obligation to interpret national law in conformity with EU law.#Case C-398/22.cjeu_case · December 21, 2023
14163Judgment of the Court (Seventh Chamber) of 21 December 2023.#RQ.#Request for a preliminary ruling from the Kammergericht Berlin.#Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4a(1) – Surrender procedure between Member States – Conditions for execution – Grounds for optional non-execution – Exceptions – Mandatory execution – Sentence handed down in absentia – Concept of ‘trial resulting in the decision’ – Person concerned not having appeared in person either at first instance or on appeal – National legislation imposing an absolute prohibition on surrender of the person concerned in the case of a decision rendered in absentia – Obligation to interpret national law in conformity with EU law.#Case C-398/22.cjeu_case · December 21, 2023
14164Judgment of the Court (Seventh Chamber) of 21 December 2023.#LM.#Request for a preliminary ruling from the Kammergericht Berlin.#Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4a(1) – Surrender procedure between Member States – Conditions for execution – Grounds for optional non-execution – Exceptions – Mandatory execution – Sentence handed down in absentia – Concept of ‘trial resulting in the decision’ – Person concerned not having appeared in person either at first instance or on appeal – National legislation imposing an absolute prohibition on surrender of the person concerned in the case of a decision rendered in absentia – Obligation to interpret national law in conformity with EU law.#Case C-397/22.cjeu_case · December 21, 2023
14165Judgment of the Court (Seventh Chamber) of 21 December 2023.##Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4a(1) – Surrender procedure between Member States – Conditions for execution – Grounds for optional non-execution – Exceptions – Mandatory execution – Sentence handed down in absentia – Concept of ‘trial resulting in the decision’ – Proceedings amending sentences previously passed – Decision imposing a cumulative sentence – Decision handed down without the person concerned having appeared in person – National legislation imposing an absolute prohibition on surrender of the person concerned in the case of a decision rendered in absentia – Obligation to interpret national law in conformity with EU law.#Case C-396/22.cjeu_case · December 21, 2023
14166Judgment of the Court (Seventh Chamber) of 21 December 2023.#Request for a preliminary ruling from the Kammergericht Berlin.#Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4a(1) – Surrender procedure between Member States – Conditions for execution – Grounds for optional non-execution – Exceptions – Mandatory execution – Sentence handed down in absentia – Concept of ‘trial resulting in the decision’ – Proceedings amending sentences previously passed – Decision imposing a cumulative sentence – Decision handed down without the person concerned having appeared in person – National legislation imposing an absolute prohibition on surrender of the person concerned in the case of a decision rendered in absentia – Obligation to interpret national law in conformity with EU law.#Case C-396/22.cjeu_case · December 21, 2023
14167Judgment of the Court (First Chamber) of 21 December 2023.#Cofidis v Autoridade Tributária e Aduaneira.#Reference for a preliminary ruling – Direct taxation – Article 49 TFEU – Freedom of establishment – Introduction of a tax on the liabilities of credit institutions for the purpose of funding the national social security system – Alleged discrimination against branches of foreign credit institutions – Directive 2014/59/EU – Framework for the recovery and resolution of credit institutions and investment firms – Scope.#Case C-340/22.cjeu_case · December 21, 2023
14168Judgment of the Court (First Chamber) of 21 December 2023.#Cofidis v Autoridade Tributária e Aduaneira.#Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD).#Reference for a preliminary ruling – Direct taxation – Article 49 TFEU – Freedom of establishment – Introduction of a tax on the liabilities of credit institutions for the purpose of funding the national social security system – Alleged discrimination against branches of foreign credit institutions – Directive 2014/59/EU – Framework for the recovery and resolution of credit institutions and investment firms – Scope.#Case C-340/22.cjeu_case · December 21, 2023
14169Judgment of the Court (Fifth Chamber) of 21 December 2023.#United Parcel Service, Inc. v European Commission.#Appeal – Action for damages – Concentrations of undertakings – European Commission decision declaring the concentration to be incompatible with the internal market and the functioning of the EEA Agreement – Annulment of the decision on account of procedural defect – Non-contractual liability of the European Union – Causal link.#Case C-297/22 P.cjeu_case · December 21, 2023
14170Judgment of the Court (Fifth Chamber) of 21 December 2023.#United Parcel Service, Inc. v European Commission.#Appeal – Action for damages – Concentrations of undertakings – European Commission decision declaring the concentration to be incompatible with the internal market and the functioning of the EEA Agreement – Annulment of the decision on account of procedural defect – Non-contractual liability of the European Union – Causal link.#Case C-297/22 P.cjeu_case · December 21, 2023
14171Judgment of the Court (Third Chamber) of 21 December 2023.#TP v Administration de l'enregistrement, des domaines et de la TVA.#Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/CE – Article 9 – Taxable persons – Economic activity carried out independently – Concept of ‘economic activity’ – Concept of ‘independent exercise of the activity’ – Activity as a member of the board of directors of a public limited company.#Case C-288/22.cjeu_case · December 21, 2023
14172Judgment of the Court (Third Chamber) of 21 December 2023.#TP v Administration de l'enregistrement, des domaines et de la TVA.#Request for a preliminary ruling from the Tribunal d'arrondissement de Luxembourg.#Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/CE – Article 9 – Taxable persons – Economic activity carried out independently – Concept of ‘economic activity’ – Concept of ‘independent exercise of the activity’ – Activity as a member of the board of directors of a public limited company.#Case C-288/22.cjeu_case · December 21, 2023
14173Judgment of the Court (Grand Chamber) of 21 December 2023.#Criminal proceedings against G. K. and Others.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Article 31 – Cross-border investigations – Judicial authorisation – Scope of the review – Article 32 – Enforcement of assigned measures.#Case C-281/22.cjeu_case · December 21, 2023
14174Judgment of the Court (Grand Chamber) of 21 December 2023.#Criminal proceedings against G.K. and Others.#Request for a preliminary ruling from the Oberlandesgericht Wien.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Article 31 – Cross-border investigations – Judicial authorisation – Scope of the review – Article 32 – Enforcement of assigned measures.#Case C-281/22.cjeu_case · December 21, 2023
14175Judgment of the Court (Fifth Chamber) of 21 December 2023.#AUTOTECHNICA FLEET SERVICES d.o.o. v Hrvatska agencija za nadzor financijskih usluga.#Reference for a preliminary ruling – Freedom of establishment – Freedom to provide services – Directive 2006/123/EC – Article 2(2)(b) – Scope – Exclusion of financial services – Long-term rental of motor vehicles – Articles 9(1) and 10(1) and (2) – Services subject to prior authorisation.#Case C-278/22.cjeu_case · December 21, 2023
14176Judgment of the Court (Fifth Chamber) of 21 December 2023.#AUTOTECHNICA FLEET SERVICES d.o.o. v Hrvatska agencija za nadzor financijskih usluga.#Request for a preliminary ruling from the Upravni sud u Zagrebu.#Reference for a preliminary ruling – Freedom of establishment – Freedom to provide services – Directive 2006/123/EC – Article 2(2)(b) – Scope – Exclusion of financial services – Long-term rental of motor vehicles – Articles 9(1) and 10(1) and (2) – Services subject to prior authorisation.#Case C-278/22.cjeu_case · December 21, 2023
14177Judgment of the Court (Grand Chamber) of 21 December 2023.#Criminal proceedings against GN.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 15(2) – Surrender procedure between Member States – Grounds for non-execution – Charter of Fundamental Rights of the European Union – Article 7 – Respect for private and family life – Article 24(2) and (3) – Taking into consideration the best interests of the child – Right of every child to maintain on a regular basis a personal relationship and direct contact with both parents – Mother of young children living with her.#Case C-261/22.cjeu_case · December 21, 2023
14178Judgment of the Court (Grand Chamber) of 21 December 2023.#Criminal proceedings against GN.#Request for a preliminary ruling from the Corte suprema di cassazione.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 15(2) – Surrender procedure between Member States – Grounds for non-execution – Charter of Fundamental Rights of the European Union – Article 7 – Respect for private and family life – Article 24(2) and (3) – Taking into consideration the best interests of the child – Right of every child to maintain on a regular basis a personal relationship and direct contact with both parents – Mother of young children living with her.#Case C-261/22.cjeu_case · December 21, 2023
14179Judgment of the Court (Second Chamber) of 21 December 2023.#European Commission v Kingdom of Denmark.#Failure of a Member State to fulfil obligations – International road haulage – Regulation (EC) No 1072/2009 – Articles 8 and 9 – Regulation (EC) No 561/2006 – Rest periods – National legislation introducing a maximum parking time at public rest areas of 25 hours along the motorway network of a Member State – Restriction on the freedom to provide road transport services – Burden of proof.#Case C-167/22.cjeu_case · December 21, 2023
14180Judgment of the Court (Second Chamber) of 21 December 2023.#European Commission v Kingdom of Denmark.#Failure of a Member State to fulfil obligations – International road haulage – Regulation (EC) No 1072/2009 – Articles 8 and 9 – Regulation (EC) No 561/2006 – Rest periods – National legislation introducing a maximum parking time at public rest areas of 25 hours along the motorway network of a Member State – Restriction on the freedom to provide road transport services – Burden of proof.#Case C-167/22.cjeu_case · December 21, 2023