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
25243

Judgment of the Court (Eighth Chamber) of 5 October 2023.#A.T.U. Auto-Teile-Unger GmbH & Co. KG and Carglass GmbH v FCA Italy SpA.#Reference for a preliminary ruling – Regulation (EU) 2018/858 – Approval and market surveillance for vehicle repair and maintenance information services of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles – Article 61(1) and (4) – Point 2.9 of Annex X – Motor vehicle on-board diagnostic (OBD) information – Unrestricted, standardised and non-discriminatory access – Manufacturers’ obligations – Rights of independent operators.#Case C-296/22.

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Judgment of the Court (Eighth Chamber) of 5 October 2023.#A.T.U. Auto-Teile-Unger GmbH & Co. KG and Carglass GmbH v FCA Italy SpA.#Request for a preliminary ruling from the Landgericht Köln.#Reference for a preliminary ruling – Regulation (EU) 2018/858 – Approval and market surveillance for vehicle repair and maintenance information services of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles – Article 61(1) and (4) – Point 2.9 of Annex X – Motor vehicle on-board diagnostic (OBD) information – Unrestricted, standardised and non-discriminatory access – Manufacturers’ obligations – Rights of independent operators.#Case C-296/22.

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Judgment of the Court (Fourth Chamber) of 5 October 2023.#Office français de protection des réfugiés et apatrides, OFPRA v SW.#References for a preliminary ruling – Common policy on asylum and subsidiary protection – Directive 2011/95/EU – Article 12 – Exclusion from being a refugee – Person registered with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) – Conditions for that person to be entitled ipso facto to the benefits of Directive 2011/95 – Cessation of UNRWA protection or assistance – Failure to provide medical care – Conditions.#Case C-294/22.

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Judgment of the Court (Fourth Chamber) of 5 October 2023.#Office français de protection des réfugiés et apatrides, OFPRA v SW.#Request for a preliminary ruling from the Conseil d'État.#References for a preliminary ruling – Common policy on asylum and subsidiary protection – Directive 2011/95/EU – Article 12 – Exclusion from being a refugee – Person registered with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) – Conditions for that person to be entitled ipso facto to the benefits of Directive 2011/95 – Cessation of UNRWA protection or assistance – Failure to provide medical care – Conditions.#Case C-294/22.

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Judgment of the Court (Sixth Chamber) of 5 October 2023.#CH v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága.#Reference for a preliminary ruling – Directive 2013/34/EU – Annual financial statements, consolidated financial statements and related reports of certain types of undertakings – Scope of application – Funds of a company used by an employee of that company – Determination of the taxable basis of that employee’s income including those funds.#Case C-279/22.

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Judgment of the Court (Sixth Chamber) of 5 October 2023.#CH v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága.#Request for a preliminary ruling from the Fővárosi Törvényszék.#Reference for a preliminary ruling – Directive 2013/34/EU – Annual financial statements, consolidated financial statements and related reports of certain types of undertakings – Scope of application – Funds of a company used by an employee of that company – Determination of the taxable basis of that employee’s income including those funds.#Case C-279/22.

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Judgment of the Court (Fourth Chamber) of 5 October 2023.#Criminal proceedings against QS.#Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Framework Decision 2008/675/JHA – Taking account of convictions in the Member States in the course of new criminal proceedings – Article 1(1) – Scope – Article 3(1), (3) and (4) – Obligation to recognise the effects of previous convictions handed down in other Member States as equivalent to those attached to national convictions – Conditions – Imposition of a custodial sentence accompanied by a probationary suspension – New offence committed during the period of suspension – Revocation of suspension and effective execution of the custodial sentence – Interference with the previous conviction and any decision relating to its execution – Framework Decision 2008/947/JHA – Article 14(1) – Recognition of convictions with a view to the supervision of probation measures and the possible revocation of the suspension of execution.#Case C-219/22.

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Judgment of the Court (Fourth Chamber) of 5 October 2023.#Criminal proceedings against QS.#Request for a preliminary ruling from the Rayonen sad - Nesebar.#Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Framework Decision 2008/675/JHA – Taking account of convictions in the Member States in the course of new criminal proceedings – Article 1(1) – Scope – Article 3(1), (3) and (4) – Obligation to recognise the effects of previous convictions handed down in other Member States as equivalent to those attached to national convictions – Conditions – Imposition of a custodial sentence accompanied by a probationary suspension – New offence committed during the period of suspension – Revocation of suspension and effective execution of the custodial sentence – Interference with the previous conviction and any decision relating to its execution – Framework Decision 2008/947/JHA – Article 14(1) – Recognition of convictions with a view to the supervision of probation measures and the possible revocation of the suspension of execution.#Case C-219/22.

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Judgment of the Court (Eighth Chamber) of 5 October 2023.#YD v Dyrektor Krajowej Informacji Skarbowej.#Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 98(2) – Discretionary power of the Member States to apply a reduced rate to certain supplies of goods and services – Points 1 and 12a of Annex III – Similar foodstuffs prepared from the same main ingredient – Hot beverages prepared on the basis of milk – Application of different reduced VAT rates – Goods with the same objective characteristics and properties – Goods accompanied by preparation and serving services on the part of the supplier or not accompanied by such services.#Case C-146/22.

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Judgment of the Court (Eighth Chamber) of 5 October 2023.#YD v Dyrektor Krajowej Informacji Skarbowej.#Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu.#Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 98(2) – Discretionary power of the Member States to apply a reduced rate to certain supplies of goods and services – Points 1 and 12a of Annex III – Similar foodstuffs prepared from the same main ingredient – Hot beverages prepared on the basis of milk – Application of different reduced VAT rates – Goods with the same objective characteristics and properties – Goods accompanied by preparation and serving services on the part of the supplier or not accompanied by such services.#Case C-146/22.

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25253

Opinion of Advocate General Campos Sánchez-Bordona delivered on 5 October 2023.#'ABC Projektai' UAB v Lietuvos bankas.#Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas.#Reference for a preliminary ruling – Payment services in the internal market – Directive (EU) 2015/2366 – Article 4(3) and (5) – Payment service or payment transaction – Directive 2009/110/EC – Article 2(2) – Issuance of electronic money – Holding of customer funds by a payment institution without a specific payment order – Classification.#Case C-661/22.

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Opinion of Advocate General Rantos delivered on 5 October 2023.#Obshtina Pomorie v 'ANHIALO AVTO' OOD.#Request for a preliminary ruling from the Okrazhen sad - Burgas.#Reference for a preliminary ruling – Transport – Council Regulation (EC) No 1370/2007 – Public passenger transport services by rail and by road – Public service contracts – Public service obligations – Public service compensation – Article 4(1)(b) – Mandatory content of public service contracts – Parameters for calculating public service compensation – Determination of prior, objective and transparent parameters – Absence of competitive tendering procedure – Application of the rules for calculating compensation contained in the annex to Regulation (EC) No 1370/2007 – Conditions laid down by the national legislation for the payment of compensation – Determination of the amount of compensation in the law approving the State budget for the year concerned and payment of that amount to the competent national authority – Setting parameters for calculating compensation by reference to general rules.#Case C-390/22.

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Opinion of Advocate General Rantos delivered on 5 October 2023.#Banco BPN/BIC Português SA and Others v Autoridade da Concorrência.#Request for a preliminary ruling from the Tribunal da Concorrência, Regulação e Supervisão.#Reference for a preliminary ruling – Competition – Agreements, decisions and concerted practices – Adverse effect on competition – Prohibition of restrictive practices – Article 101 TFEU – Agreements between undertakings – Restriction of competition by object – Exchanges of information between credit institutions – Information concerning commercial conditions and production values – Strategic information.#Case C-298/22.

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Opinion of Advocate General Emiliou delivered on 5 October 2023.#Romania v European Commission.#Appeal – Law governing the institutions – European Citizens’ Initiative – Regulation (EU) No 211/2011 – Registration of a proposed citizens’ initiative – Article 4(2)(b) – Proposed citizens’ initiative not falling manifestly outside the framework of the European Commission’s powers to submit a proposal for a legal act of the European Union for the purpose of implementing the Treaties – Burden of proof – Power of the Commission to proceed with partial registration.#Case C-54/22 P.

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Case C-761/22, Verband Wirtschaft im Wettbewerb: Order of the Court (Eighth Chamber) of 5 October 2023 (request for a preliminary ruling from the Landgericht Bochum — Germany) — Verband Wirtschaft im Wettbewerb Verein für Lauterkeit in Handel und Industrie e.V. v Roller GmbH & Co. KG (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Reply which admits of no reasonable doubt — Energy — Framework for energy labelling — Regulation (EU) 2017/1369 — Article 6, first paragraph, point (a) — Obligation on suppliers and dealers of a product to make reference, in their visual advertisements, to the energy efficiency class of that product and the range of energy efficiency classes shown on the label for the product group concerned — Direct applicability of that obligation — Margin of discretion available to those suppliers and dealers to comply with that obligation in the absence of the adoption of a delegated act on the basis of that regulation)

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25258

Case C-659/22, Ministerstvo zdravotnictví (Covid-19 mobile application): Judgment of the Court (Eighth Chamber) of 5 October 2023 (request for a preliminary ruling from the Nejvyšší správní soud — Czech Republic) — RK v Ministerstvo zdravotnictví (Reference for a preliminary ruling — Protection of natural persons with regard to the processing of personal data — Regulation (EU) 2016/679 — Article 4(2) — Concept of ‘processing’ of personal data — Mobile application — Verification of the validity of ‘EU Digital COVID Certificates’ issued pursuant to Regulation (EU) 2021/953)

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25260

Case C-505/22, Deco Proteste — Editores: Judgment of the Court (Seventh Chamber) of 5 October 2023 (request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD — Portugal) — Deco Proteste — Editores Lda v Autoridade Tributária e Aduaneira (Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Taxable transactions — Article 2(1)(a) — Supply of goods for consideration — Free supply of a tablet or smartphone in exchange for a new subscription to a magazine — Concept of ‘single supply’ — Criteria — Second paragraph of Article 16 — Application of goods for business use as gifts of small value)

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