Catalogue des documents juridiques (cjeu_case)

104 314 documents
19501

Judgment of the Court (Eighth Chamber) of 16 February 2023.#PV v Zamestnik izpalnitelen direktor na Darzhaven fond 'Zemedelie'.#Request for a preliminary ruling from the Varhoven administrativen sad.#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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19502

Judgment of the Court (Second Chamber) of 16 February 2023.#Tráficos Manuel Ferrer S.L. and Ignacio v Daimler AG.#Reference for a preliminary ruling – Competition – Compensation for harm caused by a practice prohibited under Article 101(1) TFEU – Decision of the Commission finding the existence of collusive arrangements on pricing and gross price increases for trucks in the European Economic Area (EEA) – National rule of civil procedure under which, in the event that the claim is upheld in part, costs are to be borne by each party, except in cases of wrongful conduct – Procedural autonomy of the Member States – Principles of effectiveness and equivalence – Directive 2014/104/EU – Objectives and overall balance – Article 3 – Right to full compensation for the harm suffered – Article 11(1) – Joint and several liability of the undertakings that infringe competition law – Article 17(1) – Possibility for national courts to estimate the harm – Conditions – Impossibility or unreasonable difficulties in quantifying harm – Article 22 – Temporal application.#Case C-312/21.

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19503

Judgment of the Court (Second Chamber) of 16 February 2023.#Tráficos Manuel Ferrer S.L. and Ignacio v Daimler AG.#Request for a preliminary ruling from the Juzgado de lo Mercantil Valencia.#Reference for a preliminary ruling – Competition – Compensation for harm caused by a practice prohibited under Article 101(1) TFEU – Decision of the Commission finding the existence of collusive arrangements on pricing and gross price increases for trucks in the European Economic Area (EEA) – National rule of civil procedure under which, in the event that the claim is upheld in part, costs are to be borne by each party, except in cases of wrongful conduct – Procedural autonomy of the Member States – Principles of effectiveness and equivalence – Directive 2014/104/EU – Objectives and overall balance – Article 3 – Right to full compensation for the harm suffered – Article 11(1) – Joint and several liability of the undertakings that infringe competition law – Article 17(1) – Possibility for national courts to estimate the harm – Conditions – Impossibility or unreasonable difficulties in quantifying harm – Article 22 – Temporal application.#Case C-312/21.

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19504

Opinion of Advocate General Ćapeta delivered on 16 February 2023.#Jérôme Rivière and Others v European Parliament.#Appeal – Law governing the institutions – Members of the European Parliament – Rules of Procedure of the European Parliament – Standards of conduct – Rule 10(3) – Prohibition on displaying banners during the sittings of Parliament – Oral measure of the President of the Parliament prohibiting MEPs from displaying national flags on their lecterns – Action for annulment – Article 263 TFEU – Concept of ‘challengeable act’.#Case C-767/21 P.

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19505

Opinion of Advocate General Szpunar delivered on 16 February 2023.#X v International Protection Appeals Tribunal and Others.#Request for a preliminary ruling from the High Court (Irlande).#Reference for a preliminary ruling – Common policy on asylum and subsidiary protection – Directive 2004/83/EC – Minimum standards for granting refugee status or subsidiary protection status – Second sentence of Article 4(1) – Cooperation of the Member State with the applicant to assess the relevant elements of the application – Scope – General credibility of the applicant – Article 4(5)(e) – Evaluation criteria – Common procedures for the grant of international protection – Directive 2005/85/EC – Appropriate examination – Article 8(2) and (3) – Judicial review – Article 39 – Scope – Procedural autonomy of the Member States – Principle of effectiveness – Reasonable time to take a decision – Article 23(2) and Article 39(4) – Consequences of any breach.#Case C-756/21.

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19506

Opinion of Advocate General Richard de la Tour delivered on 16 February 2023.#Bundesamt für Fremdenwesen und Asyl v AA.#Request for a preliminary ruling from the Verwaltungsgerichtshof.#Reference for a preliminary ruling – Directive 2011/95/EU – Standards for granting refugee status or subsidiary protection status – Article 14(4)(b) – Revocation of refugee status – Third-country national convicted by a final judgment of a particularly serious crime – Danger to the community – Proportionality test – Directive 2008/115/EU – Return of illegally staying third-country nationals – Postponement of removal.#Case C-663/21.

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19507

Opinion of Advocate General Pikamäe delivered on 16 February 2023.#BNP Paribas SA v TR.#Request for a preliminary ruling from the Cour de cassation.#Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EC) No 44/2001 – Articles 33 and 36 – Recognition of a judgment given in another Member State – Question raised incidentally before the courts of another Member State – Effects produced by that judgment in the State of origin – Admissibility of an action brought in the Member State addressed after that judgment – National procedural rules imposing the concentration of claims in a single set of proceedings.#Case C-567/21.

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19508

Opinion of Advocate General Collins delivered on 16 February 2023.#Arkadiusz Szcześniak v Bank M. SA.#Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy - Śródmieścia w Warszawie.#Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Article 6(1) and Article 7(1) – Mortgage loan indexed to a foreign currency – Conversion clauses – Determination of the exchange rate between that foreign currency and the national currency – Effects of a finding that a clause is unfair – Effects of the annulment of a contract in its entirety – Possibility of asserting claims that go beyond the reimbursement of the amounts agreed in the contract and the payment of default interest – Damage incurred by the consumer – Unavailability of the amount of the monthly instalments paid to the bank – Damage incurred by the bank – Unavailability of the amount of the capital paid to the consumer – Deterrent effect of the prohibition on unfair terms – Effective protection of the consumer – Judicial interpretation of national legislation.#Case C-520/21.

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19510

Opinion of Advocate General Medina delivered on 16 February 2023.#China Chamber of Commerce for Import and Export of Machinery and Electronic Products and Others v European Commission.#Appeal – Dumping – Implementing Regulation (EU) 2018/140 – Imports of certain cast iron articles originating in the People’s Republic of China and in India – Definitive anti-dumping duty – Action for annulment – Admissibility – Standing to bring proceedings – Representative association of exporters – Regulation (EU) 2016/1036 – Article 3(2), (3), (6) and (7) – Injury – Calculation of the import volume – Positive evidence – Objective examination – Extrapolation – Calculation of the EU industry’s cost of production – Prices charged intra-group – Causal link – Assessment of injury by segment – None – Article 6(7) – Article 20(2) and (4) – Procedural rights.#Case C-478/21 P.

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19511

Opinion of Advocate General Emiliou delivered on 16 February 2023.#Asociaţia “Forumul Judecătorilor din România” and YN v Consiliul Superior al Magistraturii.#Request for a preliminary ruling from the Curtea de Apel Ploieşti.#Reference for a preliminary ruling – Decision 2006/928/EC – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Article 2 TEU – Second subparagraph of Article 19(1) TEU – Rule of law – Charter of Fundamental Rights of the European Union – Article 47 – Independence of judges – National legislation altering the scheme for the promotion of judges.#Case C-216/21.

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19512

Opinion of Advocate General Collins delivered on 16 February 2023.#VK and Others v BMW Bank GmbH and Others.#Requests for a preliminary ruling from the Landgericht Ravensburg.#Reference for a preliminary ruling – Consumer protection – Leasing agreement for a motor vehicle without an obligation to purchase – Directive 2008/48/EC – Article 2(2)(d) – Concept of a leasing agreement without an obligation to purchase the object of the agreement – Directive 2002/65/EC – Article 1(1) and Article 2(b) – Concept of a contract for financial services – Directive 2011/83/EU – Article 2(6) and Article 3(1) – Concept of a service contract – Article 2(7) – Contract of a distance contract – Article 2(8) – Concept of an off-premises contract – Article 16(l) – Exception from the right of withdrawal in respect of the provision of car rental services – Credit agreement for the purchase of a motor vehicle – Directive 2008/48 – Article 10(2) – Requirements relating to the information that must be stated in the agreement – Presumption of compliance with the obligation to provide information in the case of use of a statutory information model – Absence of horizontal direct effect of a directive – Article 14(1) – Right of withdrawal – Start of the withdrawal period in the event of incomplete or incorrect information – Abusive nature of the exercise of the right of withdrawal – Time-barring of the right of withdrawal – Obligation to return the vehicle in advance in the event of exercise of the right of withdrawal in respect of a linked credit agreement.#Joined Cases C-38/21, C-47/21 and C-232/21.

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19515

Case C-745/21, Staatssecretaris van Justitie en Veiligheid (Unborn child at the time of the asylum application): Judgment of the Court (Tenth Chamber) of 16 February 2023 (request for a preliminary ruling from the Rechtbank Den Haag zittingsplaats Zwolle — Netherlands) — 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)

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19516

Case C-710/21, IEF Service: Judgment of the Court (Seventh Chamber) of 16 February 2023 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — 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)

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19517

Case C-675/21, Strong Charon: Judgment of the Court (Seventh Chamber) of 16 February 2023 (request for a preliminary ruling from the Supremo Tribunal de Justiça — Portugal) — Strong Charon, Soluções de Segurança, S.A. v 2045-Empresa de de Segurança, S.A., 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)

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19518

Case C-633/21: 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)

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19519

Joined Cases C-524/21 and C-525/21, Agenţia Judeţeană de Ocupare a Forţei de Muncă Ilfov and Others: Judgment of the Court (Second Chamber) of 16 February 2023 (requests for a preliminary ruling from the Curtea de Apel Bucureşti — Romania) — IG v Agenţia Judeţeană de Ocupare a Forţei de Muncă Ilfov (C-524/21), and Agenţia Municipală pentru Ocuparea Forţei de Muncă Bucureşti v IM (C-525/21) (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)

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19520

Case C-519/21, DGRFP Cluj: Judgment of the Court (Seventh Chamber) of 16 February 2023 (request for a preliminary ruling from the Curtea de Apel Cluj — Romania) — 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)

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