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
24241

Judgment of the Court (First Chamber) of 26 October 2023.#Lineas - Concessões de Transportes SGPS, S.A. and Others v Autoridade Tributária e Aduaneira.#Requests for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD) and Supremo Tribunal Administrativo.#References for a preliminary ruling – Economic and monetary policy – Supervision of the European Union’s financial sector – Directive 2013/36/EU – Regulation (EU) No 575/2013 – Financial institution – Concept – Undertaking whose activity is the acquisition of holdings.#Joined Cases C-207/22, C-267/22 and C-290/22.

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Opinion of Advocate General Richard de la Tour delivered on 26 October 2023.#EP v Maahanmuuttovirasto.#Request for a preliminary ruling from the Korkein hallinto-oikeus.#Reference for a preliminary ruling – Immigration policy – Status of third-country nationals who are long-term residents – Directive 2003/109/EC – Articles 12 and 22 – Reinforced protection against expulsion – Applicability – Third-country national residing in the territory of a Member State other than the one which had granted him long-term resident status – Decision taken by that other Member State on grounds of public policy and public security to remove the person concerned to the Member State which had granted him that status – Temporary ban on entering the territory of that other Member State imposed by that other Member State – Breach of the obligation to apply to that other Member State for a residence permit in accordance with the provisions of Chapter III of Directive 2003/109 – Decision taken by that Member State on the same grounds to remove that third-country national to his country of origin.#Case C-752/22.

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Opinion of Advocate General Ćapeta delivered on 26 October 2023.#Criminal proceedings against M.N.#Request for a preliminary ruling from the Landgericht Berlin.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2014/41/EU – European Investigation Order (EIO) in criminal matters – Obtaining of evidence already in the possession of the competent authorities of the executing State – Conditions for issuing an EIO – Encrypted telecommunications service – EncroChat – Need for the decision of a judge – Use of evidence obtained in breach of EU law.#Case C-670/22.

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Opinion of Advocate General Pitruzzella delivered on 26 October 2023.#R.M. and E.M. v Eesti Vabariik (Põllumajanduse Registrite ja Informatsiooni Amet).#Request for a preliminary ruling from the Riigikohus.#Reference for a preliminary ruling – Agriculture – Common agricultural policy – Support for rural development by the European Agricultural Fund for Rural Development (EAFRD) – Protection of the financial interests of the European Union – Regulation (EC, Euratom) No 2988/95 – Article 7 – Administrative measures and penalties – Regulation No 1306/2013 – Articles 54 and 56 – Delegated Regulation (EU) No 640/2014 – Article 35 – Recovery of sums unduly paid to persons who have taken part in the irregularity – Concept of ‘beneficiary’.#Case C-437/22.

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Opinion of Advocate General Collins delivered on 26 October 2023.#JU and SO v Scalable Capital GmbH.#Request for a preliminary ruling from the Amtsgericht München.#References for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 82 – Right to compensation for damage caused by data processing that infringes that regulation – Concept of ‘non-material damage’ – Compensation of a punitive nature or purely in respect of damages and satisfaction – Minimal or symbolic compensation – Theft of personal data stored on a trading application – Identity theft or fraud.#Joined Cases C-182/22 and C-189/22.

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Case C-307/22, FT (Copies of medical records): Judgment of the Court (First Chamber) of 26 October 2023 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — FT v DW (Reference for a preliminary ruling — Processing of personal data — Regulation (EU) 2016/679 — Articles 12, 15 and 23 — Data subject’s right of access to his or her data undergoing processing — Right to obtain a first copy of those data free of charge — Processing of a patient’s data by his or her medical practitioner — Medical records — Reasons for the request for access — Use of data for the purpose of triggering the liability of the person providing treatment — Concept of ‘copy’)

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Case C-249/22, GIS: Judgment of the Court (Fifth Chamber) of 26 October 2023 (Request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — BM v Gebühren Info Service GmbH (GIS) (Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 2(1)(c) — Supply of services for consideration — Concept — Activities of a public radio and television body financed by a compulsory fee paid by persons in possession of a radio and television receiver in the terrestrial broadcasting area — Article 378(1) and point 2 of Part A of Annex X — Act of accession of the Republic of Austria — Derogation — Scope)

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Case C-238/22, LATAM Airlines Group: Judgment of the Court (Eighth Chamber) of 26 October 2023 (request for a preliminary ruling from the Landgericht Frankfurt am Main — Germany) — FW v LATAM Airlines Group SA (Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 2(j) — Article 3 — Article 4(3) — Compensation of air passengers in the event of denied boarding — Passenger informed in advance that boarding would be denied — No obligation for the passenger to present him or herself for boarding — Article 5(1)(c) — Exceptions to the right to compensation in the event of a flight cancellation — Inapplicability of those exceptions in the event of a pre-emptive denial of boarding)

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Joined Cases C-207/22, C-267/22 and C-290/22, Lineas — Concessões de Transportes and Others: Judgment of the Court (First Chamber) of 26 October 2023 (requests for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD), Supremo Tribunal Administrativo — Portugal) — Lineas — Concessões de Transportes SGPS SA (C-207/22), Global Roads Investimentos SGPS Lda (C-267/22), NOS-SGPS SA (C-290/22) v Autoridade Tributária e Aduaneira (Reference for a preliminary ruling — Economic and monetary policy — Supervision of the European Union’s financial sector — Directive 2013/36/EU — Regulation (EU) No 575/2013 — Financial institution — Concept — Undertaking whose activity is the acquisition of holdings)

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Judgment of the Court (Third Chamber) of 26 October 2023.#Autoridade da Concorrência and Others v Ministério Público.#Reference for a preliminary ruling – Article 101 TFEU – Agreements, decisions and concerted practices – Prohibition of agreements, decisions and concerted practices – Agreements between undertakings – Distinction between a vertical and a horizontal agreement – Potential competition – Restriction of competition by object or by effect – Agreement between a supplier of electricity and a retailer of consumer products operating hypermarkets and supermarkets – Non-compete clause – Regulation (EU) No 330/2010 – Agency contract – Liberalisation of the market for the supply of electricity.#Case C-331/21.

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24252

Judgment of the Court (Third Chamber) of 26 October 2023.#Autoridade da Concorrência and Others v Ministério Público.#Request for a preliminary ruling from the Tribunal da Relação de Lisboa.#Reference for a preliminary ruling – Article 101 TFEU – Agreements, decisions and concerted practices – Prohibition of agreements, decisions and concerted practices – Agreements between undertakings – Distinction between a vertical and a horizontal agreement – Potential competition – Restriction of competition by object or by effect – Agreement between a supplier of electricity and a retailer of consumer products operating hypermarkets and supermarkets – Non-compete clause – Regulation (EU) No 330/2010 – Agency contract – Liberalisation of the market for the supply of electricity.#Case C-331/21.

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24253

Opinion of Advocate General Pikamäe delivered on 26 October 2023.#Financijska agencija v Hann-Invest d.o.o. and Others.#Requests for a preliminary ruling from the Visoki trgovački sud.#References for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Effective legal protection in the fields covered by Union law – Independence of the judiciary – Tribunal previously established by law – Fair hearing – Case-law Registration Service – National legislation providing for a registrations judge to be established in courts of second instance having, in practice, the power to stay the delivery of a judgment, to give instructions to judicial panels and to request that a section meeting be convened – National legislation providing for the power, for meetings of a section or of all judges of a court, to put forward binding ‘legal positions’, including for cases which have already been deliberated.#Joined Cases C-554/21, C-622/21 and C-727/21.

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Case C-331/21, EDP — Energias de Portugal and Others: Judgment of the Court (Third Chamber) of 26 October 2023 (request for a preliminary ruling from the Tribunal da Relação de Lisboa — Portugal) — EDP — Energias de Portugal SA, EDP Comercial — Comercialização de Energia SA, MC retail SGPS SA, formerly Sonae MC SGPS SA, Modelo Continente Hipermercados SA v Autoridade da Concorrência (Reference for a preliminary ruling — Article 101 TFEU — Agreements, decisions and concerted practices — Prohibition of agreements, decisions and concerted practices — Agreements between undertakings — Distinction between a vertical and a horizontal agreement — Potential competition — Restriction of competition by object or by effect — Agreement between a supplier of electricity and a retailer of consumer products operating hypermarkets and supermarkets — Non-compete clause — Regulation (EU) No 330/2010 — Agency contract — Liberalisation of the market for the supply of electricity)

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