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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regulation (161340) cjeu_case (104314) decision (43225) directive (8067)
316 946 documents
31241

Opinion of Advocate General Emiliou delivered on 12 January 2023.#T.C. and Others.#Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie.#Reference for a preliminary ruling – Urgent preliminary ruling procedure – Area of freedom, security and justice – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility – International child abduction – 1980 Hague Convention – Regulation (EC) No 2201/2003 – Article 11 – Application for return of a child – Final decision ordering the return of a child – Legislation of a Member State providing for automatic suspension of the enforcement of that decision in the event that a request is made by certain national authorities.#Case C-638/22 PPU.

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Case C-506/22, SNI: Order of the Court (Sixth Chamber) of 12 January 2023 (request for a preliminary ruling from the Judecătoria Câmpina — Romania) — criminal proceedings against SNI (Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — Requirement to provide reasons justifying the need for an answer from the Court — Requirement to state the link between the provisions of European Union law whose interpretation is sought and the applicable national legislation — Lack of sufficient details — Manifest inadmissibility)

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Case C-583/22 PPU: Judgment of the Court (Second Chamber) of 12 January 2023 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — criminal proceedings against MV (Reference for a preliminary ruling — Area of freedom, security and justice — Police and judicial cooperation in criminal matters — Framework Decision 2008/675/JHA — Article 3(1) — Principle of assimilation of earlier convictions handed down in another Member State — Obligation to ensure that the effects attached to those convictions are equivalent to those attached to previous national convictions — National rules concerning subsequent formation of a cumulative sentence — Multiple offences — Determination of an aggregate sentence — Maximum of 15 years for non-life custodial sentences — Article 3(5) — Exception — Offence committed before the handing down or execution of sentences in another Member State)

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Judgment of the Court (Second Chamber) of 12 January 2023.#KT and NS v FTI Touristik GmbH.#Reference for a preliminary ruling – Directive (EU) 2015/2302 – Article 14(1) – Package travel and linked travel arrangements – Performance of a package travel contract – Liability of the organiser concerned – Measures to fight the worldwide spread of an infectious disease – COVID-19 pandemic – Restrictions imposed at the travel destination and in the place of residence of the traveller concerned and in other countries – Lack of conformity of the services provided as part of the package concerned – Appropriate reduction in the price of that package.#Case C-396/21.

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Judgment of the Court (Second Chamber) of 12 January 2023.#KT and NS v FTI Touristik GmbH.#Request for a preliminary ruling from the Landgericht München I.#Reference for a preliminary ruling – Directive (EU) 2015/2302 – Article 14(1) – Package travel and linked travel arrangements – Performance of a package travel contract – Liability of the organiser concerned – Measures to fight the worldwide spread of an infectious disease – COVID-19 pandemic – Restrictions imposed at the travel destination and in the place of residence of the traveller concerned and in other countries – Lack of conformity of the services provided as part of the package concerned – Appropriate reduction in the price of that package.#Case C-396/21.

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Judgment of the Court (Fourth Chamber) of 12 January 2023.#D.V. v M.A.#Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Contract for the provision of legal services concluded between a lawyer and a consumer – Article 4(2) – Assessment of the unfairness of contractual terms – Exclusion of terms relating to the main subject matter of the contract – Term providing for the payment of lawyers’ fees on the basis of an hourly rate – Article 6(1) – Powers of the national court when dealing with a term considered to be ‘unfair’.#Case C-395/21.

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Judgment of the Court (Fourth Chamber) of 12 January 2023.#D.V. v M.A.#Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas.#Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Contract for the provision of legal services concluded between a lawyer and a consumer – Article 4(2) – Assessment of the unfairness of contractual terms – Exclusion of terms relating to the main subject matter of the contract – Term providing for the payment of lawyers’ fees on the basis of an hourly rate – Article 6(1) – Powers of the national court when dealing with a term considered to be ‘unfair’.#Case C-395/21.

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Judgment of the Court (Second Chamber) of 12 January 2023.#J.K. v TP S.A.#Reference for a preliminary ruling – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 3(1)(a) and (c) – Conditions for access to self-employment – Employment and working conditions – Prohibition of discrimination based on sexual orientation – Self-employed person working on the basis of a contract for specific work – Termination and non-renewal of contract – Freedom to choose a contracting party.#Case C-356/21.

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Judgment of the Court (Second Chamber) of 12 January 2023.#J.K. v TP S.A.#Request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie.#Reference for a preliminary ruling – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 3(1)(a) and (c) – Conditions for access to self-employment – Employment and working conditions – Prohibition of discrimination based on sexual orientation – Self-employed person working on the basis of a contract for specific work – Termination and non-renewal of contract – Freedom to choose a contracting party.#Case C-356/21.

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Judgment of the Court (First Chamber) of 12 January 2023.#Staatssecretaris van Justitie en Veiligheid v B. and F, K. v Staatssecretaris van Justitie en Veiligheid.#References for a preliminary ruling – Regulation (EU) No 604/2013 – Determining the Member State responsible for examining an application for international protection – Lodging of multiple applications for international protection in three Member States – Article 29 – Time limit for transfer – Expiry – Transfer of responsibility for examining the application – Article 27 – Remedy – Scope of judicial review – Possibility for the applicant to rely on the transfer of responsibility for examining the application.#Joined Cases C-323/21 to C-325/21.

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Judgment of the Court (First Chamber) of 12 January 2023.#Staatssecretaris van Justitie en Veiligheid v B. and F, K. v Staatssecretaris van Justitie en Veiligheid.#Requests for a preliminary ruling from the Raad van State.#References for a preliminary ruling – Regulation (EU) No 604/2013 – Determining the Member State responsible for examining an application for international protection – Lodging of multiple applications for international protection in three Member States – Article 29 – Time limit for transfer – Expiry – Transfer of responsibility for examining the application – Article 27 – Remedy – Scope of judicial review – Possibility for the applicant to rely on the transfer of responsibility for examining the application.#Joined Cases C-323/21 to C-325/21.

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Judgment of the Court (Third Chamber) of 12 January 2023.#P.I. v Migracijos departamentas prie Lietuvos Respublikos vidaus reikalų ministerijos.#Reference for a preliminary ruling – Area of freedom, security and justice – Common asylum policy – Eligibility for refugee status – Directive 2011/95/EU – Article 10(1)(e) and (2) – Reasons for persecution – Concepts of ‘political opinion’ and ‘attributed political opinion’ – Attempts by an applicant for asylum to defend himself, in his country of origin, by legal means against non-State actors acting illegally and in a position to exploit the mechanism by which that State imposes penalties for criminal offences.#Case C-280/21.

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31256

Judgment of the Court (Third Chamber) of 12 January 2023.#P.I. v Migracijos departamentas prie Lietuvos Respublikos vidaus reikalų ministerijos.#Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas.#Reference for a preliminary ruling – Area of freedom, security and justice – Common asylum policy – Eligibility for refugee status – Directive 2011/95/EU – Article 10(1)(e) and (2) – Reasons for persecution – Concepts of ‘political opinion’ and ‘attributed political opinion’ – Attempts by an applicant for asylum to defend himself, in his country of origin, by legal means against non-State actors acting illegally and in a position to exploit the mechanism by which that State imposes penalties for criminal offences.#Case C-280/21.

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Judgment of the Court (First Chamber) of 12 January 2023.#RW v Österreichische Post AG.#Request for a preliminary ruling from the Oberster Gerichtshof.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 15(1)(c) – Data subject’s right of access to his or her data – Information about the recipients or categories of recipient to whom the personal data have been or will be disclosed – Restrictions.#Case C-154/21.

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Judgment of the Court (First Chamber) of 12 January 2023.#BE v Nemzeti Adatvédelmi és Információszabadság Hatóság.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Articles 77 to 79 – Remedies – Parallel exercise – Relationship – Procedural autonomy – Effectiveness of the protection rules established by that regulation – Consistent and homogeneous application of those rules throughout the European Union – Article 47 of the Charter of Fundamental Rights of the European Union.#Case C-132/21.

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Judgment of the Court (First Chamber) of 12 January 2023.#BE v Nemzeti Adatvédelmi és Információszabadság Hatóság.#Request for a preliminary ruling from the Fővárosi Törvényszék.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Articles 77 to 79 – Remedies – Parallel exercise – Relationship – Procedural autonomy – Effectiveness of the protection rules established by that regulation – Consistent and homogeneous application of those rules throughout the European Union – Article 47 of the Charter of Fundamental Rights of the European Union.#Case C-132/21.

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