Legal documents catalogue (cjeu_case)

104,314 documents
19481

Case C-638/22 PPU, Rzecznik Praw Dziecka and Others (Suspension of the return decision): Judgment of the Court (Third Chamber) of 16 February 2023 (request for a preliminary ruling from the Sąd Apelacyjny w Warszawie — Poland) — T.C., Rzecznik Praw Dziecka, Prokurator Generalny (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Area of freedom, security and justice — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility — International child abduction — 1980 Hague Convention — Regulation (EC) No 2201/2003 — Article 11 — Application for return of a child — Final decision ordering the return of a child — Legislation of a Member State providing for automatic suspension of the enforcement of that decision in the event that a request is made by certain national authorities)

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19482

Judgment of the Court (Tenth Chamber) of 16 February 2023.#L.G. v Staatssecretaris van Justitie en Veiligheid.#Reference for a preliminary ruling – Asylum policy – Regulation (EU) No 604/2013 – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Article 6(1) – Best interests of the child – Article 16(1) – Dependent person – Article 17(1) – Discretionary clauses – Implementation by a Member State – Third-country national pregnant at the time of lodging her application for international protection – Marriage – Spouse beneficiary of international protection in the Member State concerned – Decision refusing to process the application and to transfer the applicant to another Member State deemed to be responsible for the application.#Case C-745/21.

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19483

Judgment of the Court (Tenth Chamber) of 16 February 2023.#L.G. v Staatssecretaris van Justitie en Veiligheid.#Request for a preliminary ruling from the Rechtbank den Haag zittingsplaats Zwolle.#Reference for a preliminary ruling – Asylum policy – Regulation (EU) No 604/2013 – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Article 6(1) – Best interests of the child – Article 16(1) – Dependent person – Article 17(1) – Discretionary clauses – Implementation by a Member State – Third-country national pregnant at the time of lodging her application for international protection – Marriage – Spouse beneficiary of international protection in the Member State concerned – Decision refusing to process the application and to transfer the applicant to another Member State deemed to be responsible for the application.#Case C-745/21.

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19484

Judgment of the Court (Seventh Chamber) of 16 February 2023.#IEF Service GmbH v HB.#Reference for a preliminary ruling – Social policy – Protection of employees in the event of the insolvency of their employer – Directive 2008/94/EC – Article 9(1) – Undertaking that has its registered office in one Member State and offers its services in another Member State – Worker whose place of residence is in that other Member State – Work performed in the Member State in which the worker’s employer has its registered office and, one week out of two, in the Member State in which the worker resides – Determining which Member State’s guarantee institution is responsible for meeting outstanding wage claims.#Case C-710/21.

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19485

Judgment of the Court (Seventh Chamber) of 16 February 2023.#IEF Service GmbH v HB.#Request for a preliminary ruling from the Oberster Gerichtshof.#Reference for a preliminary ruling – Social policy – Protection of employees in the event of the insolvency of their employer – Directive 2008/94/EC – Article 9(1) – Undertaking that has its registered office in one Member State and offers its services in another Member State – Worker whose place of residence is in that other Member State – Work performed in the Member State in which the worker’s employer has its registered office and, one week out of two, in the Member State in which the worker resides – Determining which Member State’s guarantee institution is responsible for meeting outstanding wage claims.#Case C-710/21.

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19486

Judgment of the Court (Seventh Chamber) of 16 February 2023.#Strong Charon, Soluções de Segurança, S.A. v 2045-Empresa de Segurança, S.A. and FL.#Reference for a preliminary ruling – Social policy – Transfers of undertakings – Safeguarding of employees’ rights – Directive 2001/23/EC – Scope – Refusal by the transferee to recognise the transfer of the employment contract – Definition of ‘transfer’ – Definition of ‘economic unit’ – Absence of a contractual link between the transferor and the transferee.#Case C-675/21.

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19487

Judgment of the Court (Seventh Chamber) of 16 February 2023.#Strong Charon, Soluções de Segurança, S.A. v 2045-Empresa de Segurança, S.A. and FL.#Request for a preliminary ruling from the Supremo Tribunal de Justiça.#Reference for a preliminary ruling – Social policy – Transfers of undertakings – Safeguarding of employees’ rights – Directive 2001/23/EC – Scope – Refusal by the transferee to recognise the transfer of the employment contract – Definition of ‘transfer’ – Definition of ‘economic unit’ – Absence of a contractual link between the transferor and the transferee.#Case C-675/21.

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19488

Judgment of the Court (Tenth Chamber) of 16 February 2023.#European Commission v Hellenic Republic.#Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and persistent exceedance of the limit values for nitrogen dioxide (NO2) in the agglomeration of Athens (Greece) – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures.#Case C-633/21.

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19489

Judgment of the Court (Tenth Chamber) of 16 February 2023.#European Commission v Hellenic Republic.#Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and persistent exceedance of the limit values for nitrogen dioxide (NO2) in the agglomeration of Athens (Greece) – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures.#Case C-633/21.

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19490

Judgment of the Court (Second Chamber) of 16 February 2023.#IG and Agenţia Municipală pentru Ocuparea Forţei de Muncă Bucureşti v Agenţia Judeţeană de Ocupare a Forţei de Muncă Ilfov and IM.#Reference for a preliminary ruling – Social policy – Protection of employees in the event of their employer’s insolvency – Directive 2008/94/EC – Employees’ salary claims borne by guarantee institutions – Limitation of the liability of guarantee institutions to employees’ salary claims relating to the three months prior or subsequent to the date on which insolvency proceedings are opened – Application of a limitation period – Recovery of payments unduly made by the guarantee institution – Conditions.#Joined Cases C-524/21 and C-525/21.

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19491

Judgment of the Court (Second Chamber) of 16 February 2023.#IG and Agenţia Municipală pentru Ocuparea Forţei de Muncă Bucureşti v Agenţia Judeţeană de Ocupare a Forţei de Muncă Ilfov and IM.#Requests for a preliminary ruling from the Curtea de Apel Bucureşti.#Reference for a preliminary ruling – Social policy – Protection of employees in the event of their employer’s insolvency – Directive 2008/94/EC – Employees’ salary claims borne by guarantee institutions – Limitation of the liability of guarantee institutions to employees’ salary claims relating to the three months prior or subsequent to the date on which insolvency proceedings are opened – Application of a limitation period – Recovery of payments unduly made by the guarantee institution – Conditions.#Joined Cases C-524/21 and C-525/21.

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19492

Judgment of the Court (Seventh Chamber) of 16 February 2023.#ASA v DGRFP Cluj.#Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Construction of a building complex by an association without legal personality – Association contract – Sale of the apartments of that building complex by certain members – Determination of the taxable person liable for the tax – Principle of fiscal neutrality – Right to deduct VAT.#Case C-519/21.

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19493

Judgment of the Court (Seventh Chamber) of 16 February 2023.#ASA v DGRFP Cluj.#Request for a preliminary ruling from the Curtea de Apel Cluj.#Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Construction of a building complex by an association without legal personality – Association contract – Sale of the apartments of that building complex by certain members – Determination of the taxable person liable for the tax – Principle of fiscal neutrality – Right to deduct VAT.#Case C-519/21.

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19494

Judgment of the Court (Fifth Chamber) of 16 February 2023.#Monz Handelsgesellschaft lnternational mbH & Co. KG v Büchel GmbH & Co. Fahrzeugtechnik KG.#Reference for a preliminary ruling – Intellectual property – Design – Directive 98/71/EC – Article 3(3) and (4) – Conditions for obtaining protection for a component part of a complex product – Concepts of ‘visibility’ and ‘normal use’ – Visibility of a component part of a complex product during normal use of that product by the end user.#Case C-472/21.

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19495

Judgment of the Court (Fifth Chamber) of 16 February 2023.#Monz Handelsgesellschaft lnternational mbH & Co. KG v Büchel GmbH & Co. Fahrzeugtechnik KG.#Request for a preliminary ruling from the Bundesgerichtshof.#Reference for a preliminary ruling – Intellectual property – Design – Directive 98/71/EC – Article 3(3) and (4) – Conditions for obtaining protection for a component part of a complex product – Concepts of ‘visibility’ and ‘normal use’ – Visibility of a component part of a complex product during normal use of that product by the end user.#Case C-472/21.

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19497

Judgment of the Court (Fourth Chamber) of 16 February 2023.#Lufthansa Technik AERO Alzey GmbH v Arik Air Limited and Others.#Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas.#Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EC) No 805/2004 – European Enforcement Order for uncontested claims – Article 23(c) – Stay of enforcement of a judgment certified as a European Enforcement Order – Exceptional circumstances – Concept.#Case C-393/21.

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19498

Judgment of the Court (Third Chamber) of 16 February 2023.#HYA and Othersprokuratura.#Reference for a preliminary ruling – Telecommunications sector – Processing of personal data and the protection of privacy – Directive 2002/58 – Article 15(1) – Restriction of the confidentiality of electronic communications – Judicial decision authorising the interception, recording and storage of telephone conversations of persons suspected of having committed a serious intentional offence – Practice whereby the decision is drawn up in accordance with a pre-drafted template text that does not contain individualised reasons – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Obligation to state reasons.#Case C-349/21.

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19499

Judgment of the Court (Third Chamber) of 16 February 2023.#HYA and Othersprokuratura.#Request for a preliminary ruling from the Spetsializiran nakazatelen sad.#Reference for a preliminary ruling – Telecommunications sector – Processing of personal data and the protection of privacy – Directive 2002/58 – Article 15(1) – Restriction of the confidentiality of electronic communications – Judicial decision authorising the interception, recording and storage of telephone conversations of persons suspected of having committed a serious intentional offence – Practice whereby the decision is drawn up in accordance with a pre-drafted template text that does not contain individualised reasons – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Obligation to state reasons.#Case C-349/21.

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19500

Judgment of the Court (Eighth Chamber) of 16 February 2023.#PV v Zamestnik izpalnitelen direktor na Darzhaven fond 'Zemedelie'.#Reference for a preliminary ruling – Common agricultural policy – Support measures for rural development by the European Agricultural Fund for Rural Development – Agri-environmental payments – Regulation (EC) No 1974/2006 – Inability of the beneficiaries to continue to comply with the commitments given – Concepts of ‘reparcelling’ and ‘land-consolidation measures’ – Absence of measures necessary to adapt the obligations of the beneficiary to the new situation of the holding – Regulation (EC) No 1122/2009 – Concept of ‘force majeure and exceptional circumstances’.#Case C-343/21.

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