Documents : Union européenne

Union supranationale de 27 États membres. Les actes officiels (règlements, directives, décisions) sont publiés par l'Office des publications de l'UE (Cellar/EUR-Lex). La jurisprudence de la Cour de justice de l'UE (CJUE) relève également d'un organe de l'UE.

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316 913 documents
24001

Judgment of the Court (Tenth Chamber) of 9 November 2023.#CD v Ministerstvo vnitra České republiky, Odbor azylové a migrační politiky.#Request for a preliminary ruling from the Krajský soud v Brně.#Reference for a preliminary ruling – Area of freedom, security and justice – Return of illegally staying third-country nationals – Directive 2008/115/EC – Article 3(2) – Concept of ‘illegal stay’ – Directive 2013/32/EU – Applicant for international protection – Article 9(1) – Right to remain in the Member State pending the examination of the application – Return decision adopted before the adoption of the first-instance decision rejecting the application for international protection.#Case C-257/22.

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24002

Judgment of the Court (Fourth Chamber) of 9 November 2023.#Criminal proceedings against BK.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2012/13/EU – Right to information in criminal proceedings – Article 6 – Right to information about the accusation – Article 6(4) – Changes in the information given – Amendment of the classification of the criminal offence – Obligation to inform the accused person in due time and to offer him or her the opportunity to put forward his or her arguments regarding the new envisaged classification – Effective exercise of the rights of the defence – Fairness of the proceedings – Directive (EU) 2016/343 – Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings – Article 3 – Presumption of innocence – Article 7(2) – Right not to incriminate oneself – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Requirement that the criminal court or tribunal be impartial – Reclassification of the offence on the initiative of the criminal court or tribunal or on the basis of a proposal from the accused person.#Case C-175/22.

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24003

Judgment of the Court (Fourth Chamber) of 9 November 2023.#Criminal proceedings against BK.#Request for a preliminary ruling from the Spetsializiran nakazatelen sad.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2012/13/EU – Right to information in criminal proceedings – Article 6 – Right to information about the accusation – Article 6(4) – Changes in the information given – Amendment of the classification of the criminal offence – Obligation to inform the accused person in due time and to offer him or her the opportunity to put forward his or her arguments regarding the new envisaged classification – Effective exercise of the rights of the defence – Fairness of the proceedings – Directive (EU) 2016/343 – Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings – Article 3 – Presumption of innocence – Article 7(2) – Right not to incriminate oneself – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Requirement that the criminal court or tribunal be impartial – Reclassification of the offence on the initiative of the criminal court or tribunal or on the basis of a proposal from the accused person.#Case C-175/22.

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24004

Judgment of the Court (Fourth Chamber) of 9 November 2023.#X and Others v Staatssecretaris van Justitie en Veiligheid.#Reference for a preliminary ruling – Common policy on asylum and subsidiary protection – Directive 2011/95/EU – Article 15 – Conditions for granting subsidiary protection – Taking into account of factors relating to the applicant’s individual position and personal circumstances and to the general situation in the country of origin – Humanitarian situation.#Case C-125/22.

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Judgment of the Court (Fourth Chamber) of 9 November 2023.#X and Others v Staatssecretaris van Justitie en Veiligheid.#Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats 's-Hertogenbosch.#Reference for a preliminary ruling – Common policy on asylum and subsidiary protection – Directive 2011/95/EU – Article 15 – Conditions for granting subsidiary protection – Taking into account of factors relating to the applicant’s individual position and personal circumstances and to the general situation in the country of origin – Humanitarian situation.#Case C-125/22.

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24006

Opinion of Advocate General Richard de la Tour delivered on 9 November 2023.#AH and FN v Bundesamt für Fremdenwesen und Asyl.#Requests for a preliminary ruling from the Verwaltungsgerichtshof.#References for a preliminary ruling – Area of freedom, security and justice – Common asylum policy – Directive 2011/95/EU – Conditions that must be fulfilled by third-country nationals in order to be granted refugee status – Article 2(d) and (e) – Concept of ‘act of persecution’ – Level of seriousness required – Article 9 – Sufficiently severe accumulation of measures that discriminate against women – Article 9(1)(b) – Types of acts of persecution – Article 9(2) – Assessment of applications for international protection – Article 4(3) – Obligation to carry out an individual assessment – Scope.#Joined Cases C-608/22 and C-609/22.

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24007

Opinion of Advocate General Ćapeta delivered on 9 November 2023.#European Commission v Single Resolution Board (SRB).#Appeal – Economic and monetary policy – Banking Union – Regulation (EU) No 806/2014 – Single resolution mechanism – Resolution procedure applicable where an entity is failing or is likely to fail – Article 18(7) – Adoption by the Single Resolution Board of a resolution scheme – Endorsement of that scheme by the European Commission – Article 86(2) – Act against which proceedings may be brought – Action for annulment – Admissibility.#Case C-551/22 P.

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24008

Opinion of Advocate General Emiliou delivered on 9 November 2023.#European Commission v United Kingdom of Great Britain and Northern Ireland.#Failure of a Member State to fulfil obligations – Default procedure – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Article 127(1) – Transition period – Jurisdiction of the Court of Justice – Judgment of the Supreme Court of the United Kingdom – Enforcement of an arbitral award granting the payment of compensation – Decision of the European Commission declaring that that payment constitutes State aid which is incompatible with the internal market – Article 4(3) TEU – Sincere cooperation – Obligation to stay proceedings – First paragraph of Article 351 TFEU – International agreement between Member States and third countries concluded before the date of their accession to the European Union – Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) – Application of EU law – Article 267 TFEU – National court or tribunal adjudicating at last instance – Obligation to make a reference to the Court for a preliminary ruling – Article 108(3) TFEU – Suspension of implementation of the aid.#Case C-516/22.

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Opinion of Advocate General Kokott delivered on 9 November 2023.#Nord Vest Pro Sani Pro SRL v Administraţia Judeţeană a Finanţelor Publice Satu Mare and Direcţia Generală Regională a Finanţelor Publice Cluj-Napoca.#Request for a preliminary ruling from the Tribunalul Satu Mare.#Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Construction sector – Posting of workers – Tax and social security advantages granted to employees and construction undertakings – Exemption from income tax – Exemption from health insurance contributions – Reduction in social security contributions – National legislation reserving the benefit of those advantages solely to construction services carried out in national territory – Legislation seeking to preserve labour in the national territory and to avoid concealed employment for salary-related reasons – Comparability of situations – Overriding reasons in the public interest – Social security protection of workers – The fight against tax fraud – Proportionality.#Case C-387/22.

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24011

Case C-477/22: Judgment of the Court (Third Chamber) of 9 November 2023 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — ARST SpA — Azienda regionale sarda trasporti v TR, OS, EK, UN, RC, RS, OA, ZB, HP, WS, IO, TK, ME, SK, TF, TC, ND (Reference for a preliminary ruling — Road transport — Harmonisation of certain social legislation — Regulation (EC) No 561/2006 — Article 3(a) — Concept of ‘route covered by the service in question [not exceeding] 50 km’ — Carriage by road by vehicles used for the carriage of passengers on regular services — Route covered by the service in question not exceeding 50 km — Non-application of Regulation No 561/2006 — Mixed-use vehicles — Article 4(e) and (j) — Concepts of ‘other work’ and ‘driving time’ — Article 6(3) and (5) — Total driving time over two consecutive weeks — Time spent driving a vehicle excluded from the scope of that regulation)

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24012

Case C-376/22, Google Ireland and Others: Judgment of the Court (Second Chamber) of 9 November 2023 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Google Ireland Limited, Meta Platforms Ireland Limited, Tik Tok Technology Limited v Kommunikationsbehörde Austria (KommAustria) (Reference for a preliminary ruling — Directive 2000/31/EC — Information society services — Article 3(1) — Principle of control in the home Member State — Article 3(4) — Derogation from the principle of free movement of information society services — Concept of ‘measures taken against a given information society service’ — Article 3(5) — Possibility of a posteriori notification of measures restricting the free movement of information society services in urgent cases — Failure to provide notification — Enforceability of those measures — Legislation of a Member State imposing on providers of communication platforms, whether established on its territory or not, a set of obligations relating to the monitoring and notification of allegedly unlawful content — Directive 2010/13/EU — Audiovisual media services — Video-sharing platform service)

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24014

Case C-319/22, Gesamtverband Autoteile-Handel (Access to vehicle information): Judgment of the Court (Third Chamber) of 9 November 2023 (request for a preliminary ruling from the Landgericht Köln — Germany) — Gesamtverband Autoteile-Handel eV v Scania CV AB (Reference for a preliminary ruling — Market for motor vehicle repair and maintenance information services — Regulation (EU) 2018/858 — Approval and market surveillance of repair and maintenance information services for motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles — Article 61(1) and (2) — Annex X, point 6.1 — Independent operators — Information ‘easily accessible in the form of machine-readable and electronically readable data sets’ — Regulation (EU) 2016/679 — Article 6(1)(c) — Processing of personal data — Legal obligation on car manufacturers to make vehicle identification numbers (VIN) available to independent operators)

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24015

Case C-293/22 P: Judgment of the Court (Fourth Chamber) of 9 November 2023 — Chemours Netherlands BV v European Chemicals Agency, Kingdom of the Netherlands, ClientEarth, ClientEarth AISBL, CHEM Trust Europe eV (Appeal — Regulation (EC) No 1907/2006 (REACH Regulation) — Article 57(f) — Substances of very high concern — Identification — Conditions — Serious effects on health or the environment — Equivalent level of concern — 2,3,3,3-tetrafluoro-2-(heptafluoropropoxy)propionic acid, its salts and its acyl halides — Identification as a substance fulfilling the criteria for inclusion in Annex XIV to that regulation)

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24016

Joined Cases C-271/22 to C-275/22, Keolis Agen and Others: Judgment of the Court (First Chamber) of 9 November 2023 (requests for a preliminary ruling from the Conseil de Prud’hommes d’Agen — France) — XT (C-271/22), KH (C-272/22), BX (C-273/22), FH (C-274/22), NW (C-275/22) v Keolis Agen SARL (Reference for a preliminary ruling — Social policy — Organisation of working time — Directive 2003/88/EC — Article 7 — Right to paid annual leave — Carry-over of entitlements to paid annual leave in the event of long-term illness — Charter of Fundamental Rights of the European Union — Article 31(2))

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24017

Case C-257/22, Odbor azylové a migrační politiky MV (Scope of the Return Directive): Judgment of the Court (Tenth Chamber) of 9 November 2023 (request for a preliminary ruling from the Krajský soud v Brně — Czech Republic) — CD v Ministerstvo vnitra České republiky, Odbor azylové a migrační politiky (Reference for a preliminary ruling — Area of freedom, security and justice — Return of illegally staying third-country nationals — Directive 2008/115/EC — Article 3(2) — Concept of ‘illegal stay’ — Directive 2013/32/EU — Applicant for international protection — Article 9(1) — Right to remain in the Member State pending the examination of the application — Return decision adopted before the adoption of the first-instance decision rejecting the application for international protection)

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24018

Case C-175/22, BK (Reclassification of the offence): Judgment of the Court (Fourth Chamber) of 9 November 2023 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal proceedings against BK (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive 2012/13/EU — Right to information in criminal proceedings — Article 6 — Right to information about the accusation — Article 6(4) — Changes in the information given — Amendment of the classification of the criminal offence — Obligation to inform the accused person in due time and to offer him or her the opportunity to put forward his or her arguments regarding the new envisaged classification — Effective exercise of the rights of the defence — Fairness of the proceedings — Directive (EU) 2016/343 — Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings — Article 3 — Presumption of innocence — Article 7(2) — Right not to incriminate oneself — Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union — Requirement that the criminal court or tribunal be impartial — Reclassification of the offence on the initiative of the criminal court or tribunal or on the basis of a proposal from the accused person)

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24019

Case C-125/22, Staatssecretaris van Justitie en Veiligheid (Concept of serious harm): Judgment of the Court (Fourth Chamber) of 9 November 2023 (request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats ’s-Hertogenbosch — Netherlands) — X, Y, their six minor children v Staatssecretaris van Justitie en Veiligheid (Reference for a preliminary ruling — Common policy on asylum and subsidiary protection — Directive 2011/95/EU — Article 15 — Conditions for granting subsidiary protection — Taking into account of factors relating to the applicant’s individual position and personal circumstances and to the general situation in the country of origin — Humanitarian situation)

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24020

Judgment of the Court (Fourth Chamber) of 9 November 2023.#Staatsanwaltschaft Aachen v M.D.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Recognition of judgments imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in another Member State – Framework Decision 2008/909/JHA – Article 3(4) and Article 8 – Refusal to enforce – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Fundamental right to a fair trial before an independent and impartial tribunal previously established by law – Systemic or generalised deficiencies in the issuing Member State – Two-step examination – Revocation of the suspension attached to a custodial sentence imposed by a Member State – Enforcement of that sentence by another Member State.#Case C-819/21.

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