18321Judgment of the Court (Sixth Chamber) of 27 April 2023.#FI v Bayerische Motoren Werke AG.#Reference for a preliminary ruling – Social policy – Directive 2003/88/EC – Article 7(1) – Article 31(2) of the Charter of Fundamental Rights of the European Union – Right to paid annual leave – Lapse of that right – Progressive retirement scheme – Days of annual leave acquired under that scheme but as yet untaken – Incapacity for work.#Case C-192/22.cjeu_case · 27 avril 2023
18322Judgment of the Court (Sixth Chamber) of 27 April 2023.#FI v Bayerische Motoren Werke AG.#Request for a preliminary ruling from the Bundesarbeitsgericht.#Reference for a preliminary ruling – Social policy – Directive 2003/88/EC – Article 7(1) – Article 31(2) of the Charter of Fundamental Rights of the European Union – Right to paid annual leave – Lapse of that right – Progressive retirement scheme – Days of annual leave acquired under that scheme but as yet untaken – Incapacity for work.#Case C-192/22.cjeu_case · 27 avril 2023
18323Judgment of the Court (Sixth Chamber) of 27 April 2023.#X BV.#Reference for a preliminary ruling – Common Customs Tariff – Classification of goods – Combined Nomenclature – Interpretation – General rules – General rule 2(a) – Article presented unassembled or disassembled – Components intended to make up, after assembly, satellite receivers – Classification as a complete receiver.#Case C-107/22.cjeu_case · 27 avril 2023
18324Judgment of the Court (Sixth Chamber) of 27 April 2023.#X BV.#Request for a preliminary ruling from the Gerechtshof Amsterdam.#Reference for a preliminary ruling – Common Customs Tariff – Classification of goods – Combined Nomenclature – Interpretation – General rules – General rule 2(a) – Article presented unassembled or disassembled – Components intended to make up, after assembly, satellite receivers – Classification as a complete receiver.#Case C-107/22.cjeu_case · 27 avril 2023
18325Judgment of the Court (Fifth Chamber) of 27 April 2023.#Lännen MCE Oy v Berky GmbH and Senwatec Gmbh & Co. Kg.#Reference for a preliminary ruling – EU trade mark – Regulation (EU) 2017/1001 – Article 125(5) – International jurisdiction – Infringement action – Jurisdiction of the courts of the Member State in which the act of infringement has been committed or threatened – Advertising displayed by a search engine using a national top-level domain name – Advertising not specifying the geographical area of supply – Factors to be taken into account.#Case C-104/22.cjeu_case · 27 avril 2023
18326Judgment of the Court (Fifth Chamber) of 27 April 2023.#Lännen MCE Oy v Berky GmbH and Senwatec Gmbh & Co. Kg.#Request for a preliminary ruling from the Markkinaoikeus.#Reference for a preliminary ruling – EU trade mark – Regulation (EU) 2017/1001 – Article 125(5) – International jurisdiction – Infringement action – Jurisdiction of the courts of the Member State in which the act of infringement has been committed or threatened – Advertising displayed by a search engine using a national top-level domain name – Advertising not specifying the geographical area of supply – Factors to be taken into account.#Case C-104/22.cjeu_case · 27 avril 2023
18327Judgment of the Court (Seventh Chamber) of 27 April 2023.#HC v European Commission.#Appeal – Civil service – Recruitment – Open competition EPSO/AD/363/18 – Notice of competition – Assessment by the selection board of the candidate’s answers to the ‘Talent Screener’ – Non-admission to the next stage of the competition – Rules on languages – Limitation of the choice of the second language of the competition to English and French – Plea of illegality relating to the notice of competition – Inadmissibility.#Case C-102/22 P.cjeu_case · 27 avril 2023
18328Judgment of the Court (Seventh Chamber) of 27 April 2023.#HC v European Commission.#Appeal – Civil service – Recruitment – Open competition EPSO/AD/363/18 – Notice of competition – Assessment by the selection board of the candidate’s answers to the ‘Talent Screener’ – Non-admission to the next stage of the competition – Rules on languages – Limitation of the choice of the second language of the competition to English and French – Plea of illegality relating to the notice of competition – Inadmissibility.#Case C-102/22 P.cjeu_case · 27 avril 2023
18329Judgment of the Court (Seventh Chamber) of 27 April 2023.#Viagogo AG v Autorità per le Garanzie nelle Comunicazioni (AGCOM) and Autorità Garante della Concorrenza e del Mercato (AGCM).#Reference for a preliminary ruling – Electronic commerce – Directive 2000/31/EC – Article 1 – Scope – Article 2(c) – Concept of ‘established service provider’ – Article 3(1) – Provision of information society services by a provider established on the territory of a Member State – Company established on the territory of the Swiss Confederation – Inapplicability ratione personae – Article 56 TFEU – Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons – Scope – Prohibition of restrictions on the cross-frontier provision of services not exceeding 90 days per calendar year – Provision of services in Italy for a period exceeding 90 days – Inapplicability ratione personae – Article 102 TFEU – Nothing in the order for reference enabling a link to be established between the dispute in the main proceedings and any abuse of a dominant position – Inadmissibility.#Case C-70/22.cjeu_case · 27 avril 2023
18330Judgment of the Court (Seventh Chamber) of 27 April 2023.#Viagogo AG v Autorità per le Garanzie nelle Comunicazioni (AGCOM) and Autorità Garante della Concorrenza e del Mercato (AGCM).#Request for a preliminary ruling from the Consiglio di Stato.#Reference for a preliminary ruling – Electronic commerce – Directive 2000/31/EC – Article 1 – Scope – Article 2(c) – Concept of ‘established service provider’ – Article 3(1) – Provision of information society services by a provider established on the territory of a Member State – Company established on the territory of the Swiss Confederation – Inapplicability ratione personae – Article 56 TFEU – Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons – Scope – Prohibition of restrictions on the cross-frontier provision of services not exceeding 90 days per calendar year – Provision of services in Italy for a period exceeding 90 days – Inapplicability ratione personae – Article 102 TFEU – Nothing in the order for reference enabling a link to be established between the dispute in the main proceedings and any abuse of a dominant position – Inadmissibility.#Case C-70/22.cjeu_case · 27 avril 2023
18331Opinion of Advocate General Rantos delivered on 27 April 2023.#HK v Service fédéral des Pensions.#Request for a preliminary ruling from the Tribunal du travail francophone de Bruxelles.#Reference for a preliminary ruling – Social security for migrant workers – Regulation (EC) No 883/2004 – Article 55(1)(a) – Overlapping of benefits of a different kind – Application of national rules against overlapping – Calculation of the survivors’ pension – Division of the amounts of the benefit or benefits or other income, as taken into account, by the number of benefits – Concept of ‘amounts as they have been taken into account’.#Case C-45/22.cjeu_case · 27 avril 2023
18332Case C-495/22, Ministero della Giustizia (Competition for notarial posts): Order of the Court (Sixth Chamber) of 27 April 2023 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Ministero della Giustizia v SP (Reference for a preliminary ruling — Articles 53 and 99 of the Rules of Procedure of the Court of Justice — 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)cjeu_case · 27 avril 2023
18333Case C-482/22, Associazione Raggio Verde: Order of the Court (Sixth Chamber) of 27 April 2023 (request for a preliminary ruling from the Consiglio di Stato — Italy) — GO and Others v Regione Lazio (Reference for a preliminary ruling — Articles 53 and 99 of the Rules of Procedure of the Court — 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)cjeu_case · 27 avril 2023
18334Case C-372/22, CM (Right of access to a child who has moved): Judgment of the Court (Ninth Chamber) of 27 April 2023 (request for a preliminary ruling from the tribunal d’arrondissement de Luxembourg — Luxembourg) — CM v DN (Reference for a preliminary ruling — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility — Regulation (EC) No 2201/2003 — Articles 9 and 15 — Continuing jurisdiction of the courts of the Member State of the child’s former habitual residence following the child having moved — Concept of ‘moving’ — Application for modification of a decision relating to access rights — Calculation of the time limit within which such an application must be submitted — Transfer of the case to a court of the Member State of the child’s new habitual residence, better placed to hear the case)cjeu_case · 27 avril 2023
18335Case C-192/22, Bayerische Motoren Werke: Judgment of the Court (Sixth Chamber) of 27 April 2023 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — FI v Bayerische Motoren Werke AG (Reference for a preliminary ruling — Social policy — Directive 2003/88/EC — Article 7(1) — Article 31(2) of the Charter of Fundamental Rights of the European Union — Right to paid annual leave — Lapse of that right — Progressive retirement scheme — Days of annual leave acquired under that scheme but as yet untaken — Incapacity for work)cjeu_case · 27 avril 2023
18336Case C-107/22, X and Inspecteur van de Belastingdienst Douane: Judgment of the Court (Sixth Chamber) of 27 April 2023 (request for a preliminary ruling from the Gerechtshof Amsterdam — Netherlands) — X BV, Inspecteur van de Belastingdienst/Douane district Rotterdam (Reference for a preliminary ruling — Common Customs Tariff — Classification of goods — Combined Nomenclature — Interpretation — General rules — General rule 2(a) — Article presented unassembled or disassembled — Components intended to make up, after assembly, satellite receivers — Classification as a complete receiver)cjeu_case · 27 avril 2023
18337Case C-104/22, Lännen MCE: Judgment of the Court (Fifth Chamber) of 27 April 2023 (request for a preliminary ruling from the Markkinaoikeus — Finland) — Lännen MCE Oy v Berky GmbH, Senwatec GmbH & Co. KG. (Reference for a preliminary ruling — EU trade mark — Regulation (EU) 2017/1001 — Article 125(5) — International jurisdiction — Infringement action — Jurisdiction of the courts of the Member State in which the act of infringement has been committed or threatened — Advertising displayed by a search engine using a national top-level domain name — Advertising not specifying the geographical area of supply — Factors to be taken into account)cjeu_case · 27 avril 2023
18338Case C-102/22 P: Judgment of the Court (Seventh Chamber) of 27 April 2023 — HC v European Commission (Appeal — Civil service — Recruitment — Open competition EPSO/AD/363/18 — Notice of competition — Assessment by the selection board of the candidate’s answers to the ‘Talent Screener’ — Non-admission to the next stage of the competition — Rules on languages — Limitation of the choice of the second language of the competition to English and French — Plea of illegality relating to the notice of competition — Inadmissibility)cjeu_case · 27 avril 2023
18339Case C-70/22, Viagogo: Judgment of the Court (Seventh Chamber) of 27 April 2023 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Viagogo AG v Autorità per le Garanzie nelle Comunicazioni, Autorità Garante della Concorrenza e del Mercato (Reference for a preliminary ruling — Electronic commerce — Directive 2000/31/EC — Article 1 — Scope — Article 2(c) — Concept of ‘established service provider’ — Article 3(1) — Provision of information society services by a provider established on the territory of a Member State — Company established on the territory of the Swiss Confederation — Inapplicability ratione personae — Article 56 TFEU — Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Scope — Prohibition of restrictions on the cross-frontier provision of services not exceeding 90 days per calendar year — Provision of services in Italy for a period exceeding 90 days — Inapplicability ratione personae — Article 102 TFEU — Nothing in the order for reference enabling a link to be established between the dispute in the main proceedings and any abuse of a dominant position — Inadmissibility)cjeu_case · 27 avril 2023
18340Judgment of the Court (Ninth Chamber) of 27 April 2023.#Banca A v Agenţia Naţională de Administrare Fiscală (ANAF) and Preşedintele ANAF.#Reference for a preliminary ruling – Directive 2009/133/EC – Article 7 – Merger by absorption – Purely domestic operation – Primacy of EU law outside the scope of EU law – None – Interpretation of EU law outside its scope – Jurisdiction of the Court to deliver preliminary rulings – Condition – EU law made applicable by national law directly and unconditionally.#Case C-827/21.cjeu_case · 27 avril 2023