Legal documents catalogue (cjeu_case)

104,314 documents
14181

Judgment of the Court (Fifth Chamber) of 21 December 2023.#CDIL ̶ Companhia de Distribuição Integral Logística Portugal, SA v Autoridade Tributária e Aduaneira.#Reference for a preliminary ruling – Free movement of goods – Article 34 TFEU – Quantitative restrictions on importation – Measures having equivalent effect – National legislation limiting the quantity of cigarettes which can be released for consumption during a given period to a maximum corresponding to the monthly average of the quantities released for consumption in the preceding 12 months – Article 36 TFEU – Justification – Combating tax avoidance and abusive practices – Protection of public health – Taxation – Excise duties – Directive 2008/118/EC – Article 7 – Time at which excise duties become chargeable – Release for consumption of excise goods – Article 9 – Chargeability conditions and applicable rate of excise duty – Applicable quantitative limit exceeded – Excess – Application of the rate of excise duty in force on the date on which the declaration of discharge is lodged.#Case C-96/22.

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14182

Judgment of the Court (Fifth Chamber) of 21 December 2023.#CDIL ̶ Companhia de Distribuição Integral Logística Portugal, SA v Autoridade Tributária e Aduaneira.#Request for a preliminary ruling from the Supremo Tribunal Administrativo.#Reference for a preliminary ruling – Free movement of goods – Article 34 TFEU – Quantitative restrictions on importation – Measures having equivalent effect – National legislation limiting the quantity of cigarettes which can be released for consumption during a given period to a maximum corresponding to the monthly average of the quantities released for consumption in the preceding 12 months – Article 36 TFEU – Justification – Combating tax avoidance and abusive practices – Protection of public health – Taxation – Excise duties – Directive 2008/118/EC – Article 7 – Time at which excise duties become chargeable – Release for consumption of excise goods – Article 9 – Chargeability conditions and applicable rate of excise duty – Applicable quantitative limit exceeded – Excess – Application of the rate of excise duty in force on the date on which the declaration of discharge is lodged.#Case C-96/22.

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14183

Judgment of the Court (Third Chamber) of 21 December 2023.#Papier Mettler Italia S.r.l. v Ministero della Transizione Ecologica and Ministero dello Sviluppo Economico.#Reference for a preliminary ruling – Approximation of laws – Environment – Directive 94/62/EC – Packaging and packaging waste – Directive 98/34/EC – Information procedure in the field of technical standards and regulations and of rules on Information Society services – Obligation on the Member States to notify the European Commission of any draft technical regulation – National legislation containing stricter technical rules than those laid down by EU legislation.#Case C-86/22.

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14184

Judgment of the Court (Third Chamber) of 21 December 2023.#Papier Mettler Italia S.r.l. v Ministero della Transizione Ecologica and Ministero dello Sviluppo Economico.#Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio.#Reference for a preliminary ruling – Approximation of laws – Environment – Directive 94/62/EC – Packaging and packaging waste – Directive 98/34/EC – Information procedure in the field of technical standards and regulations and of rules on Information Society services – Obligation on the Member States to notify the European Commission of any draft technical regulation – National legislation containing stricter technical rules than those laid down by EU legislation.#Case C-86/22.

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14185

Judgment of the Court (Grand Chamber) of 21 December 2023.#Infraestruturas de Portugal, SA and Futrifer Indústrias Ferroviárias, SA v Toscca - Equipamentos em Madeira Lda.#Reference for a preliminary ruling – Procedures for the award of public works contracts, public supply contracts and public service contracts – Directive 2014/24/EU – Point (d) of the first subparagraph of Article 57(4) – Award of public contracts in the transport sector – Directive 2014/25/EU – Article 80(1) – Facultative grounds for exclusion – Obligation to transpose – Economic operator entering into agreements aimed at distorting competition – Competence of the contracting authority – Impact of an earlier decision of a competition authority – Principle of proportionality – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy – Principle of sound administration – Obligation to state reasons.#Case C-66/22.

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14186

Judgment of the Court (Grand Chamber) of 21 December 2023.#Infraestruturas de Portugal, SA and Futrifer Indústrias Ferroviárias, SA v Toscca - Equipamentos em Madeira Lda.#Request for a preliminary ruling from the Supremo Tribunal Administrativo.#Reference for a preliminary ruling – Procedures for the award of public works contracts, public supply contracts and public service contracts – Directive 2014/24/EU – Point (d) of the first subparagraph of Article 57(4) – Award of public contracts in the transport sector – Directive 2014/25/EU – Article 80(1) – Facultative grounds for exclusion – Obligation to transpose – Economic operator entering into agreements aimed at distorting competition – Competence of the contracting authority – Impact of an earlier decision of a competition authority – Principle of proportionality – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy – Principle of sound administration – Obligation to state reasons.#Case C-66/22.

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14187

Case C-431/22, Scuola europea di Varese: Judgment of the Court (Second Chamber) of 21 December 2023 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Scuola europea di Varese v PD, as person exercising parental responsibility over NG, LC, as person exercising parental responsibility over NG (Reference for a preliminary ruling — Convention defining the Statute of the European Schools — Article 27(2) — General Rules of the European Schools — Articles 62, 66 and 67 — Challenge to the decision of a Class Council not to authorise a pupil to be promoted to the year above in the secondary school — Lack of jurisdiction of the national courts — Sole jurisdiction of the Complaints Board of the European Schools — Effective judicial protection)

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14188

Case C-421/22, DOBELES AUTOBUSU PARKS and Others: Judgment of the Court (Fifth Chamber) of 21 December 2023 (request for a preliminary ruling from the Augstākā tiesa (Senāts) — Latvia) — ‘DOBELES AUTOBUSU PARKS’ SIA, ‘CATA’ AS, ‘VTU VALMIERA’ SIA, ‘JELGAVAS AUTOBUSU PARKS’ SIA, ‘Jēkabpils autobusu parks’ SIA v Iepirkumu uzraudzības birojs, ‘Autotransporta direkcija’ VSIA (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)

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14189

Case C-398/22, Generalstaatsanwaltschaft Berlin (Conviction in absentia): Judgment of the Court (Seventh Chamber) of 21 December 2023 (request for a preliminary ruling from the Kammergericht Berlin — Germany) — in the proceedings relating to the execution of the European arrest warrant issued against 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)

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14190

Case C-397/22, Generalstaatsanwaltschaft Berlin (Conviction in absentia): Judgment of the Court (Seventh Chamber) of 21 December 2023 (request for a preliminary ruling from the Kammergericht Berlin — Germany) — in the proceedings relating to the execution of the European arrest warrant issued against LM (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)

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14191

Case C-396/22, Generalstaatsanwaltschaft Berlin (Conviction in absentia): Judgment of the Court (Seventh Chamber) of 21 December 2023 (request for a preliminary ruling from the Kammergericht Berlin — Germany) — in the proceedings relating to the execution of a European arrest warrant, Generalstaatsanwaltschaft 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)

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14192

Case C-340/22, Cofidis: Judgment of the Court (First Chamber) of 21 December 2023 (request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD) — Portugal) — 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)

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14193

Case C-297/22 P: Judgment 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)

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14194

Case C-288/22, Administration de l’enregistrement, des domaines et de la TVA (VAT — Member of a board of directors): Judgment of the Court (Third Chamber) of 21 December 2023 (request for a preliminary ruling from the tribunal d’arrondissement de Luxembourg — Luxembourg) — 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/EC — 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)

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14195

Case C-281/22, GK and Others (European Public Prosecutor’s Office): Judgment of the Court (Grand Chamber) of 21 December 2023 (request for a preliminary ruling from the Oberlandesgericht Wien — Austria) — Criminal proceedings against G.K., B.O.D. GmbH, S.L. (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)

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14196

Case C-278/22, AUTOTECHNICA FLEET SERVICES: Judgment of the Court (Fifth Chamber) of 21 December 2023 (request for a preliminary ruling from the Upravni sud u Zagrebu — Croatia) — AUTOTECHNICA FLEET SERVICES d.o.o., formerly ANTERRA 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)

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14197

Case C-261/22, GN (Ground for refusal based on the best interests of the child): Judgment of the Court (Grand Chamber) of 21 December 2023 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — 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)

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14198

Case C-167/22: Judgment 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)

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14199

Case C-96/22, CDIL: Judgment of the Court (Fifth Chamber) of 21 December 2023 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — CDIL — Companhia de Distribuição Integral Logística Portugal S.A. v Autoridade Tributária e Aduaneira (Reference for a preliminary ruling — Free movement of goods — Article 34 TFEU — Quantitative restrictions on importation — Measures having equivalent effect — National legislation limiting the quantity of cigarettes which can be released for consumption during a given period to a maximum corresponding to the monthly average of the quantities released for consumption in the preceding 12 months — Article 36 TFEU — Justification — Combating tax avoidance and abusive practices — Protection of public health — Taxation — Excise duties — Directive 2008/118/EC — Article 7 — Time at which excise duties become chargeable — Release for consumption of excise goods — Article 9 — Chargeability conditions and applicable rate of excise duty — Applicable quantitative limit exceeded — Excess — Application of the rate of excise duty in force on the date on which the declaration of discharge is lodged)

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14200

Case C-86/22, Papier Mettler Italia: Judgment of the Court (Third Chamber) of 21 December 2023 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio — Italy) — Papier Mettler Italia Srl v Ministero della Transizione Ecologica, Ministero dello Sviluppo Economico (Reference for a preliminary ruling — Approximation of laws — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 98/34/EC — Information procedure in the field of technical standards and regulations and of rules on Information Society services — Obligation on the Member States to notify the European Commission of any draft technical regulation — National legislation containing stricter technical rules than those laid down by EU legislation)

cjeu_case ·