Catalogue des documents juridiques (cjeu_case)

104 314 documents
14841

Judgment of the Court (Fifth Chamber) of 23 November 2023.#Kopiosto ry v Telia Finland Oyj.#Request for a preliminary ruling from the Korkein oikeus.#Reference for a preliminary ruling – Intellectual property rights – Directive 2014/26/EU – Collective management of copyright and related rights – Collective management organisation – Directive 2004/48/EC – Measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights – Article 4 – Persons entitled to seek the application of the measures, procedures and remedies provided for in Directive 2004/48/EC – Collective management organisation authorised to carry out extended collective licensing – Standing to bring proceedings for the defence of intellectual property rights.#Case C-201/22.

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14842

Judgment of the Court (Fourth Chamber) of 23 November 2023.#Right to Know CLG v An Taoiseach.#Reference for a preliminary ruling – Environment – Aarhus Convention – Directive 2003/4/EC – Public access to environmental information – Refusal of a request for information – Records of government meetings – Discussions relating to greenhouse gas emissions – Article 4(1) and (2) – Exceptions to the right of access to information – Concepts of ‘internal communications’ and ‘proceedings of public authorities’ – Judicial review – Quashing of the decision refusing access – Applicable exception identified in the judgment – Res judicata.#Case C-84/22.

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14843

Judgment of the Court (Fourth Chamber) of 23 November 2023.#Right to Know CLG v An Taoiseach.#Request for a preliminary ruling from the High Court (Ireland).#Reference for a preliminary ruling – Environment – Aarhus Convention – Directive 2003/4/EC – Public access to environmental information – Refusal of a request for information – Records of government meetings – Discussions relating to greenhouse gas emissions – Article 4(1) and (2) – Exceptions to the right of access to information – Concepts of ‘internal communications’ and ‘proceedings of public authorities’ – Judicial review – Quashing of the decision refusing access – Applicable exception identified in the judgment – Res judicata.#Case C-84/22.

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14844

Opinion of Advocate General Campos Sánchez-Bordona delivered on 23 November 2023.#Criminal proceedings against OT and Others.#Request for a preliminary ruling from the Sofiyski gradski sad.#Reference for a preliminary ruling – Values and objectives of the European Union – Article 2 TEU – Rule of law – Second subparagraph of Article 19(1) TEU – Independent and impartial court – Reorganisation of jurisdiction of courts in a Member State – Abolition of a specialised criminal court – Inadmissibility of the request for a preliminary ruling.#Case C-634/22.

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14845

Opinion of Advocate General Richard de la Tour delivered on 23 November 2023.#NW and PQ v Országos Idegenrendészeti Főigazgatóság and Miniszterelnöki Kabinetirodát vezető miniszter.#Requests for a preliminary ruling from the Szegedi Törvényszék.#References for a preliminary ruling – Citizenship of the European Union – Article 20 TFEU – Union citizen who has never exercised his or her right of freedom of movement – Residence of a family member of that Union citizen – Threat to national security – Statement by a specialist national authority – Statement of reasons – Access to the file.#Joined Cases C-420/22 and C-528/22.

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14846

Opinion of Advocate General Ćapeta delivered on 23 November 2023.#Neves 77 Solutions SRL v Agenţia Naţională de Administrare Fiscală – Direcţia Generală Antifraudă Fiscală.#Request for a preliminary ruling from the Tribunalul Bucureşti.#Reference for a preliminary ruling – Common Foreign and Security Policy (CFSP) – Restrictive measures adopted in view of the actions of the Russian Federation destabilising the situation in Ukraine – Decision 2014/512/CFSP – Article 2(2)(a) – Jurisdiction of the Court – Final sentence of the second subparagraph of Article 24(1) TEU – Article 275 TFEU – Article 215 TFEU – Article 17 of the Charter of Fundamental Rights of the European Union – Right to property – Principle of legal certainty and principle that penalties must be defined by law – Brokering services in relation to military equipment – Prohibition on providing such services – Failure to notify the competent national authorities – Administrative offence – Fine – Automatic confiscation of the amounts received in consideration for the prohibited transaction.#Case C-351/22.

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14847

Opinion of Advocate General Collins delivered on 23 November 2023.#European Commission v Deutsche Telekom AG.#Appeal – Competition – Articles 266 and 340 TFEU – Judgment reducing the amount of a fine imposed by the European Commission – Repayment by the Commission of the amount unduly collected – Obligation to pay interest – Characterisation – Compensation at a standard rate for loss of enjoyment of the unduly paid amount of the fine – Rate applicable.#Case C-221/22 P.

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14848

Opinion of Advocate General Ćapeta delivered on 23 November 2023.#KS and Others v Council of the European Union and Others.#Appeal – Common foreign and security policy (CFSP) – Joint Action 2008/124/CFSP – European Union Rule of Law Mission in Kosovo (Eulex Kosovo) – Action for damages – Damage allegedly suffered as a result of various acts and omissions by the Council of the European Union, the European Commission and the European External Action Service (EEAS) in the implementation of that joint action – Insufficient investigation of the torture, disappearance and killing of persons – Jurisdiction of the Court of Justice of the European Union to rule on that action – Last sentence of the second subparagraph of Article 24(1) TEU – Article 275 TFEU.#Joined Cases C-29/22 P and C-44/22 P.

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14849

Case C-628/22, Ministère public and Others (Provisional withdrawal of an A1 certificate): Order of the Court (Seventh Chamber) of 23 November 2023 (request for a preliminary ruling from the Cour d’appel de Liège — Belgium) — DU, EX, FY (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Identical questions referred for a preliminary ruling — Migrant workers — Social security — Legislation applicable — Regulation (EC) No 883/2004 — Article 13(1)(b)(i) — Persons normally pursuing an activity as an employed person in two or more Member States — Applicability of the legislation of the Member State in which the registered office is situated — Concept of ‘registered office’ — Undertaking which has obtained a Community licence for transport under Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 — Effect — Licence fraudulently obtained or relied on — Regulation (EC) No 987/2009 — Article 5 — A1 certificate — Provisional withdrawal — Binding effect — Certificate fraudulently obtained or relied on)

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14850

Case C-682/22, Ministarstvo financija: Judgment of the Court (Tenth Chamber) of 23 November 2023 (request for a preliminary ruling from the Upravni sud u Zagrebu — Croatia) — LM v Ministarstvo financija Republike Hrvatske, Samostalni sektor za drugostupanjski upravni postupak (Reference for a preliminary ruling — Regulation (EC) No 1085/2006 — Assistance granted under the instrument for pre-accession assistance (IPA) — Regulation (EC) No 718/2007 — Article 7(1) and (3) — Conclusion of a framework agreement between the European Commission and the beneficiary country concerned — Rules for cooperation concerning the EU financial assistance granted to that beneficiary country — Taxes and fiscal charges — IPA framework agreement Albania-EC — Contract financed by the European Union — Expert having the status neither of an official nor of a member of staff of the European Union — Article 26(2)(c) — Tax exemption in Albania — Tax residence in Croatia — Income tax in Croatia)

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14851

Case C-653/22, J. P. Mali: Judgment of the Court (Fourth Chamber) of 23 November 2023 (request for a preliminary ruling from the Fővárosi Törvényszék — Hungary) — J.P. Mali Kerékpárgyártó és Forgalmazó Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága (Reference for a preliminary ruling — Customs union — Regulation (EU) No 952/2013 — Article 42(1) — Obligation on the Member States to provide for effective, proportionate and dissuasive penalties for failure to comply with the customs legislation — Incorrect declaration of the country of origin of the imported goods — National legislation providing for a fine corresponding to 50 % of the shortfall in customs duties — Principle of proportionality)

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14852

Case C-614/22, Commissioner-General for Refugees and Stateless Persons (Family Unity): Judgment of the Court (Second Chamber) of 23 November 2023 (request for a preliminary ruling from the Conseil d’État — Belgium) — XXX v Commissaire général aux réfugiés et aux apatrides (Reference for a preliminary ruling — Directive 2011/95/EU — Standards for granting refugee status or subsidiary protection status — Mother of minor refugee children in Belgium — Mother who is a ‘family member’ within the meaning of Article 2(j) of that directive — Application for the grant of international protection, as a derived right, submitted by that mother — Rejection — No obligation on Member States to recognise the right of the person concerned to obtain that protection if she does not individually qualify for it — Article 20 and Article 23(2) of that directive — Inapplicability)

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14853

Case C-532/22, Westside Unicat: Judgment of the Court (Tenth Chamber) of 23 November 2023 (request for a preliminary ruling from the Curtea de Apel Cluj — Romania) — Direcția Generală Regională a Finanțelor Publice Cluj-Napoca, Administrația Județeană a Finanțelor Publice Cluj v SC Westside Unicat SRL (Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 53 — Services in respect of admissions to entertainment events — Place of supply of services — Streaming of interactive video sessions — Making available of a location and of the equipment necessary for the video capture of performances and for the implementation of accompaniment in order to provide quality performances)

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14854

Case C-480/22, EVN Business Service and Others: Judgment of the Court (Tenth Chamber) of 23 November 2023 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — EVN Business Service GmbH, Elektra EOOD, Penon EOOD (Reference for a preliminary ruling — Public contracts — Review procedures relating to the award of public contracts — Directive 2014/25/EU — Article 57(3) — Contracting entity having its head office in a Member State other than that of the head office of a central purchasing body acting in its name and on its behalf — Access to the review procedures — Applicable procedural rules and jurisdiction of review bodies)

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14855

Case C-374/22, Commissioner-General for Refugees and Stateless Persons (Family Unity): Judgment of the Court (Second Chamber) of 23 November 2023 (request for a preliminary ruling from the Conseil d’État — Belgium) — XXX v Commissaire général aux réfugiés et aux apatrides (Reference for a preliminary ruling — Directive 2011/95/EU — Standards for granting refugee status or subsidiary protection status — Father of minor refugee children born in Belgium — Father not a ‘family member’ within the meaning of Article 2(j) of that directive — Application for the grant of international protection, as a derived right, submitted by that father — Rejection — No obligation on Member States to recognise the right of the person concerned to obtain that protection if he does not individually qualify for it — Article 23(2) of that directive — Inapplicability)

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14856

Case C-354/22, Weingut A: Judgment of the Court (Fifth Chamber) of 23 November 2023 (request for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Weingut A v Land Rheinland-Pfalz (Reference for a preliminary ruling — Agriculture — Common organisation of the markets — Labelling and presentation in the wine sector — Designations of origin and geographical indications — Delegated Regulation (EU) 2019/33 — Second subparagraph of Article 54(1) — Indication of the holding carrying out the winemaking — Vineyards and winepress facility under lease from another wine-growing holding — Winemaking entirely carried out on the eponymous wine-growing holding)

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14857

Case C-321/22, Provident Polska: Judgment of the Court (Fourth Chamber) of 23 November 2023 (request for a preliminary ruling from the Sąd Rejonowy dla Warszawy — Śródmieścia w Warszawie — Poland) — ZL, KU, KM v Provident Polska S.A. (Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Consumer credit agreement — Article 3(1) — Significant imbalance — Non-interest credit costs — Article 7(1) — Action for a declaratory judgment — Interest in bringing proceedings — Article 6(1) — Finding that a term is unfair — Consequences)

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14858

Case C-260/22, Seven.One Entertainment Group: Judgment of the Court (First Chamber) of 23 November 2023 (request for a preliminary ruling from the Landgericht Erfurt — Germany) — Seven.One Entertainment Group GmbH v Corint Media GmbH (Reference for a preliminary ruling — Harmonisation of certain aspects of copyright and related rights in the information society — Directive 2001/29/EC — Article 2(e) — Broadcasting organisations — Reproduction right of fixations of broadcasts — Article 5(2)(b) — Private copying exception — Fair compensation — Harm to broadcasting organisations — Equal treatment — National legislation excluding broadcasting organisations from the right to fair compensation)

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14859

Case C-213/22, Instituto de Financiamento da Agricultura e Pescas (Reforestation measures): Judgment of the Court (Third Chamber) of 23 November 2023 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Instituto de Financiamento da Agricultura e Pescas, IP v CS (Reference for a preliminary ruling — Common agricultural policy — Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) — Community aid scheme for forestry measures in agriculture — Regulation (EEC) No 2080/92 — Article 3, first paragraph, points (b) and (c) — Aid scheme — Maintenance premiums and premiums for loss of income — Conditions for granting — National legislation laying down a requirement of a minimum reforestation density of the plots — Failure to comply with the requirement for a reason not attributable to the beneficiary — Obligation to repay the aid — Force majeure — Principle of proportionality)

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14860

Case C-201/22, Telia Finland: Judgment of the Court (Fifth Chamber) of 23 November 2023 (request for a preliminary ruling from the Korkein oikeus — Finland) — Kopiosto ry v Telia Finland Oyj (Reference for a preliminary ruling — Intellectual property rights — Directive 2014/26/EU — Collective management of copyright and related rights — Collective management organisation — Directive 2004/48/EC — Measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights — Article 4 — Persons entitled to seek the application of the measures, procedures and remedies provided for in Directive 2004/48/EC — Collective management organisation authorised to carry out extended collective licensing — Standing to bring proceedings for the defence of intellectual property rights)

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