Documents : Union européenne

29461

Judgment of the Court (Tenth Chamber) of 23 March 2023.#Proceedings brought by Booky.fi Oy.#Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Measure having equivalent effect to a quantitative restriction – Recordings of audiovisual programmes – Online sale – Legislation of a Member State requiring classification according to age and labelling of programmes – Protection of minors – Recordings already classified and labelled in another Member State – Proportionality.#Case C-662/21.

cjeu_case · 23 mars 2023

29462

Judgment of the Court (Tenth Chamber) of 23 March 2023.#Proceedings brought by Booky.fi Oy.#Request for a preliminary ruling from the Korkein hallinto-oikeus.#Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Measure having equivalent effect to a quantitative restriction – Recordings of audiovisual programmes – Online sale – Legislation of a Member State requiring classification according to age and labelling of programmes – Protection of minors – Recordings already classified and labelled in another Member State – Proportionality.#Case C-662/21.

cjeu_case · 23 mars 2023

29463

Judgment of the Court (Eighth Chamber) of 23 March 2023.#Syndicat Uniclima v Ministre de l'Intérieur.#Reference for a preliminary ruling – Internal market – Harmonisation of the laws of the Member States relating to machinery, electrical equipment and pressure equipment – Directive 2006/42/EC – Directive 2014/35/EU – Directive 2014/68/EU – ‘CE marking’ – Imposition, by national regulations, of requirements additional to the essential safety requirements laid down by those directives – Conditions – National safety regulations to counter the risks of fire and panic in establishments open to the public.#Case C-653/21.

cjeu_case · 23 mars 2023

29464

Judgment of the Court (Eighth Chamber) of 23 March 2023.#Syndicat Uniclima v Ministre de l'Intérieur.#Request for a preliminary ruling from the Conseil d'État.#Reference for a preliminary ruling – Internal market – Harmonisation of the laws of the Member States relating to machinery, electrical equipment and pressure equipment – Directive 2006/42/EC – Directive 2014/35/EU – Directive 2014/68/EU – ‘CE marking’ – Imposition, by national regulations, of requirements additional to the essential safety requirements laid down by those directives – Conditions – National safety regulations to counter the risks of fire and panic in establishments open to the public.#Case C-653/21.

cjeu_case · 23 mars 2023

29465

Judgment of the Court (Third Chamber) of 23 March 2023.#QT v 02 Czech Republic a. s.#Reference for a preliminary ruling – Self-employed commercial agents – Directive 86/653/EEC – Article 17(2)(a) – Termination of the agency contract – Entitlement of the commercial agent to an indemnity – Conditions for granting – Equitable indemnity – Assessment – Concept of ‘commission lost by the commercial agent’ – Commission on future transactions – New customers brought by the commercial agent – Existing customers with whom the commercial agent has significantly increased the volume of business – One-off commission payments.#Case C-574/21.

cjeu_case · 23 mars 2023

29466

Judgment of the Court (Third Chamber) of 23 March 2023.#QT v 02 Czech Republic a. s.#Request for a preliminary ruling from the Nejvyšší soud.#Reference for a preliminary ruling – Self-employed commercial agents – Directive 86/653/EEC – Article 17(2)(a) – Termination of the agency contract – Entitlement of the commercial agent to an indemnity – Conditions for granting – Equitable indemnity – Assessment – Concept of ‘commission lost by the commercial agent’ – Commission on future transactions – New customers brought by the commercial agent – Existing customers with whom the commercial agent has significantly increased the volume of business – One-off commission payments.#Case C-574/21.

cjeu_case · 23 mars 2023

29467

Judgment of the Court (Fourth Chamber) of 23 March 2023.#LU and PH.#Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Surrender procedure between the Member States – Conditions for execution – Grounds for optional non-execution – Article 4a(1) – Warrant issued for the purpose of executing a custodial sentence – Concept of ‘trial resulting in the decision’ – Scope – First conviction, with a suspension – Second conviction – Absence of the person concerned at the trial – Revocation of the suspension – Rights of the defence – Convention for the Protection of Human Rights and Fundamental Freedoms – Article 6 – Charter of Fundamental Rights of the European Union – Articles 47 and 48 – Infringement – Consequences.#Joined Cases C-514/21 and C-515/21.

cjeu_case · 23 mars 2023

29468

Judgment of the Court (Fourth Chamber) of 23 March 2023.#LU v Minister for Justice and Equality.#Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Surrender procedure between the Member States – Conditions for execution – Grounds for optional non-execution – Article 4a(1) – Warrant issued for the purpose of executing a custodial sentence – Concept of ‘trial resulting in the decision’ – Scope – First conviction, with a suspension – Second conviction – Absence of the person concerned at the trial – Revocation of the suspension – Rights of the defence – Convention for the Protection of Human Rights and Fundamental Freedoms – Article 6 – Charter of Fundamental Rights of the European Union – Articles 47 and 48 – Infringement – Consequences.#Case C-514/21.

cjeu_case · 23 mars 2023

29469

Judgment of the Court (Fourth Chamber) of 23 March 2023.#Dual Prod SRL v Direcţia Generală Regională a Finanţelor Publice Cluj-Napoca - Comisia regională pentru autorizarea operatorilor de produse supuse accizelor armonizate.#Reference for a preliminary ruling – Excise duties – Directive 2008/118/EC – Paragraph 16(1) – Authorisation to operate as a tax warehouse for products subject to excise duty – Successive suspension measures – Whether criminal in nature – Articles 48 and 50 of the Charter of Fundamental Rights of the European Union – Principle of the presumption of innocence – Principle ne bis in idem – Proportionality.#Case C-412/21.

cjeu_case · 23 mars 2023

29470

Judgment of the Court (Fourth Chamber) of 23 March 2023.#Dual Prod SRL v Direcţia Generală Regională a Finanţelor Publice Cluj-Napoca - Comisia regională pentru autorizarea operatorilor de produse supuse accizelor armonizate.#Request for a preliminary ruling from the Tribunalul Satu Mare.#Reference for a preliminary ruling – Excise duties – Directive 2008/118/EC – Paragraph 16(1) – Authorisation to operate as a tax warehouse for products subject to excise duty – Successive suspension measures – Whether criminal in nature – Articles 48 and 50 of the Charter of Fundamental Rights of the European Union – Principle of the presumption of innocence – Principle ne bis in idem – Proportionality.#Case C-412/21.

cjeu_case · 23 mars 2023

29471

Judgment of the Court (Fifth Chamber) of 23 March 2023.#Criminal proceedings against MR.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Convention implementing the Schengen Agreement – Article 54 – Principle ne bis in idem – Article 55(1)(b) – Exception to the application of the principle ne bis in idem – Offence against the security or other essential interests of the Member State – Article 50 of the Charter of Fundamental Rights of the European Union – Principle ne bis in idem – Article 52(1) – Limitations to the principle ne bis in idem – Compatibility of a national declaration providing for an exception to the principle ne bis in idem – Criminal organisation – Financial crime.#Case C-365/21.

cjeu_case · 23 mars 2023

29472

Judgment of the Court (Fifth Chamber) of 23 March 2023.#Criminal proceedings against MR.#Request for a preliminary ruling from the Oberlandesgericht Bamberg.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Convention implementing the Schengen Agreement – Article 54 – Principle ne bis in idem – Article 55(1)(b) – Exception to the application of the principle ne bis in idem – Offence against the security or other essential interests of the Member State – Article 50 of the Charter of Fundamental Rights of the European Union – Principle ne bis in idem – Article 52(1) – Limitations to the principle ne bis in idem – Compatibility of a national declaration providing for an exception to the principle ne bis in idem – Criminal organisation – Financial crime.#Case C-365/21.

cjeu_case · 23 mars 2023

29473

Judgment of the Court (Sixth Chamber) of 23 March 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) – Annex XI – Systematic and persistent exceedance of the daily limit value for microparticles (PM10) in the conurbation of Thessaloniki (EL0004) – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures.#Case C-70/21.

cjeu_case · 23 mars 2023

29474

Judgment of the Court (Sixth Chamber) of 23 March 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) – Annex XI – Systematic and persistent exceedance of the daily limit value for microparticles (PM10) in the conurbation of Thessaloniki (EL0004) – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures.#Case C-70/21.

cjeu_case · 23 mars 2023

29475

Opinion of Advocate General Richard de la Tour delivered on 23 March 2023.#Beverage City & Lifestyle GmbH and Others v Advance Magazine Publishers, Inc.#Request for a preliminary ruling from the Oberlandesgericht Düsseldorf.#Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EU) No 1215/2012 – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Special jurisdiction – Article 8(1) – More than one defendant – Claims so closely connected that it is expedient to hear and determine them together – Anchor defendant – EU trade mark – Regulation (EU) 2017/1001 – Articles 122 and 125 – Action for infringement of an EU trade mark brought against a number of defendants domiciled in different Member States – Jurisdiction of the courts of the place where the managing director of a defendant company is domiciled – Jurisdiction of the court seised in respect of co-defendants domiciled outside the forum Member State – Concept of ‘so closely connected’ – Exclusive distribution agreement between a supplier and its customer.#Case C-832/21.

cjeu_case · 23 mars 2023

29476

Opinion of Advocate General Richard de la Tour delivered on 23 March 2023.#TE and RU v Stadt Frankfurt am Main and Stadt Offenbach am Main.#Requests for a preliminary ruling from the Hessischer Verwaltungsgerichtshof and Verwaltungsgericht Darmstadt.#Reference for a preliminary ruling – Immigration policy – Status of third-country nationals who are long-term residents – Directive 2003/109/EC – Second subparagraph of Article 9(4), Article 14(1), second subparagraph of Article 15(4), Article 19(2) and Article 22 – Right of third-country nationals to long-term resident status in a Member State – Grant by the first Member State of a ‘long-term resident’s EU residence permit’ of unlimited duration – Third-country national absent from the territory of the first Member State for a period of more than six years – Consequent loss of entitlement to long-term resident status – Application for renewal of a residence permit issued by the second Member State pursuant to the provisions of Chapter III of Directive 2003/109/EC – Application rejected by the second Member State because of the loss of that entitlement – Conditions.#Joined Cases C-829/21 and C-129/22.

cjeu_case · 23 mars 2023

29477

Opinion of Advocate General Emiliou delivered on 23 March 2023.#Criminal proceedings against GR and Others.#Request for a preliminary ruling from the Županijski sud u Puli-Pola.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Convention implementing the Schengen Agreement – Article 54 – Charter of Fundamental Rights of the European Union – Article 50 – Principle ne bis in idem – Assessment in the light of the facts contained in the grounds of the judgment – Assessment in the light of the facts examined in the context of a preliminary investigation and omitted from the indictment – Meaning of ‘the same acts’.#Case C-726/21.

cjeu_case · 23 mars 2023

29478

Opinion of Advocate General Richard de la Tour delivered on 23 March 2023.#Charles Taylor Adjusting Limited and FD v Starlight Shipping Company and Overseas Marine Enterprises INC.#Request for a preliminary ruling from the Areios Pagos.#Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Recognition and enforcement in one Member State of judgments from another Member State – Article 34 – Grounds for refusal – Infringement of public policy in the European Union and of national public policy – Definition of ‘public policy’ – Mutual trust – ‘“Quasi” anti-suit injunction’ – Judgments preventing the exercise of the right to effective judicial protection or the continuation of proceedings brought before the courts of another Member State.#Case C-590/21.

cjeu_case · 23 mars 2023

29479

Case C-662/21, Booky.fi: Judgment of the Court (Tenth Chamber) of 23 March 2023 (request for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Proceedings brought by Booky.fi Oy (Reference for a preliminary ruling — Articles 34 and 36 TFEU — Free movement of goods — Measure having equivalent effect to a quantitative restriction — Recordings of audiovisual programmes — Online sale — Legislation of a Member State requiring classification according to age and labelling of programmes — Protection of minors — Recordings already classified and labelled in another Member State — Proportionality)

cjeu_case · 23 mars 2023

29480

Case C-653/21, Syndicat Uniclima: Judgment of the Court (Eighth Chamber) of 23 March 2023 (request for a preliminary ruling from the Conseil d’État — France) — Syndicat Uniclima v Minister for the Interior (Reference for a preliminary ruling — Internal market — Harmonisation of the laws of the Member States relating to machinery, electrical equipment and pressure equipment — Directive 2006/42/EC — Directive 2014/35/EU — Directive 2014/68/EU — ‘CE marking’ — Imposition, by national regulations, of requirements additional to the essential safety requirements laid down by those directives — Conditions — National safety regulations to counter the risks of fire and panic in establishments open to the public)

cjeu_case · 23 mars 2023