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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31261

Judgment of the Court (Second Chamber) of 12 January 2023.#RegioJet a. s. v České dráhy a.s. and.#Reference for a preliminary ruling – Competition – Abuse of a dominant position – Rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union – Directive 2014/104/EU – Articles 5 and 6 – Disclosure of evidence – Evidence in a competition authority’s file – Proceedings relating to an infringement of competition rules pending before the European Commission – National proceedings relating to an action for damages with regard to the same infringement – Conditions for the disclosure of evidence.#Case C-57/21.

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Judgment of the Court (Second Chamber) of 12 January 2023.#RegioJet a. s. v České dráhy a.s. and.#Request for a preliminary ruling from the Nejvyšší soud.#Reference for a preliminary ruling – Competition – Abuse of a dominant position – Rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union – Directive 2014/104/EU – Articles 5 and 6 – Disclosure of evidence – Evidence in a competition authority’s file – Proceedings relating to an infringement of competition rules pending before the European Commission – National proceedings relating to an action for damages with regard to the same infringement – Conditions for the disclosure of evidence.#Case C-57/21.

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Judgment of the Court (Third Chamber) of 12 January 2023.#Lietuvos geležinkeliai AB v European Commission.#Appeal – Competition – Abuse of dominant position – Rail freight market – Decision finding an infringement of Article 102 TFEU – Access by third-party undertakings to infrastructure managed by Lithuania’s national railway company – Removal of a section of railway track – Concept of ‘abuse’ – Actual or likely exclusion of a competitor – Exercise by the General Court of its powers of unlimited jurisdiction – Reduction of the fine.#Case C-42/21 P.

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Judgment of the Court (Third Chamber) of 12 January 2023.#Lietuvos geležinkeliai AB v European Commission.#Appeal – Competition – Abuse of dominant position – Rail freight market – Decision finding an infringement of Article 102 TFEU – Access by third-party undertakings to infrastructure managed by Lithuania’s national railway company – Removal of a section of railway track – Concept of ‘abuse’ – Actual or likely exclusion of a competitor – Exercise by the General Court of its powers of unlimited jurisdiction – Reduction of the fine.#Case C-42/21 P.

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Opinion of Advocate General Emiliou delivered on 12 January 2023.#PAO Severstal and Novolipetsk Steel PJSC (NLMK) v European Commission.#Appeal – Dumping – Implementing Regulation (EU) 2016/1328 – Imports of certain cold-rolled flat steel products originating in the People’s Republic of China and the Russian Federation – Definitive anti-dumping duty – Regulation (EC) No 1225/2009 – Article 18(1) – Necessary information – Absence – Article 9(4) – ‘Lesser duty rule’ – Target price – Profit margin of the Union industry – Establishment – Selection of the most recent representative year – Article 2(9) – Construction of the export price – Injury to the Union industry – Application by analogy – Calculation of the underselling margin – Statement of reasons.#Joined Cases C-747/21 P and C-748/21 P.

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Opinion of Advocate General Kokott delivered on 12 January 2023.#Fluvius Antwerpen v MX.#Request for a preliminary ruling from the Vredegerecht te Antwerpen.#Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Taxable transactions – Article 2(1)(a) – Concept of ‘supply of goods for consideration’ – Article 9(1) – Economic activity – Article 14(1) and (2)(a) – Supply of goods – Unlawful consumption of electricity – Principle of neutrality of VAT – Charging the consumer for compensation including the price of the electricity consumed – Regional legislation of a Member State – Taxable person – Sui generis entity mandated by municipalities – Concept of ‘body governed by public law’ – Directive 2006/112/EC – Article 13(1), third subparagraph, and Annex I – Principle of taxability of electricity distribution – Concept of ‘negligible activity’.#Case C-677/21.

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Opinion of Advocate General Pikamäe delivered on 12 January 2023.#Criminal proceedings against Politseyski organ pri 02 RU SDVR.#Request for a preliminary ruling from the Sofiyski rayonen sad.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2012/13/EU – Right to information in criminal proceedings – Article 6 – Right of a person to be informed of the charges against him or her – Article 7 – Right of access to case materials – Effective exercise of the rights of the defence – Article 6 of the Charter of Fundamental Rights of the European Union – Right to liberty and security – Communication of the grounds for detention of the suspect or accused person in a separate document – When that communication must be made.#Case C-608/21.

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Opinion of Advocate General Medina delivered on 12 January 2023.#SP and CI v Všeobecná úverová banka a.s.#Request for a preliminary ruling from the Krajský súd v Prešove.#Reference for a preliminary ruling – Unfair terms in consumer contracts – Consumer credit contract – Directive 93/13/EEC – Article 1(2) – Term reflecting a mandatory statutory provision – Article 3(1), Article 4(1), Article 6(1) and Article 7(1) – Acceleration clause – Judicial review – Proportionality with regard to the consumer breaches of contract – Articles 7 and 38 of the Charter of Fundamental Rights of the European Union – Contract secured by a charge on immovable property – Extrajudicial sale of the consumer’s home.#Case C-598/21.

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Opinion of Advocate General Emiliou delivered on 12 January 2023.#DB v Austrian Airlines AG.#Request for a preliminary ruling from the Oberster Gerichtshof.#Reference for a preliminary ruling – Air transport – Montreal Convention – Article 17(1) – Liability of air carriers for death or injury sustained by passengers – Concept of ‘accident’ – Bodily injuries aggravated by first aid administered following an accident that took place on board an aircraft.#Case C-510/21.

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Opinion of Advocate General Campos Sánchez-Bordona delivered on 12 January 2023.#Ferrovienord SpA v Nazionale di Statistica – ISTAT and Federazione Italiana Triathlon v Istituto Nazionale di Statistica - ISTAT and Ministero dell'Economia e delle Finanze.#Requests for a preliminary ruling from the Corte dei Conti.#References for a preliminary ruling – Second paragraph of Article 19(1) TEU – Obligation on Member States to provide remedies sufficient to ensure effective legal protection in the fields covered by EU law – Economic policy – Regulation (EU) No 549/2013 – European system of national and regional accounts in the European Union (ESA) – Directive 2011/85/EU – Requirements for budgetary frameworks of the Member States – National legislation limiting the jurisdiction of the audit court – Principles of effectiveness and equivalence – Article 47 of the Charter of Fundamental Rights of the European Union.#Joined Cases C-363/21 and C-364/21.

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Opinion of Advocate General Pitruzzella delivered on 12 January 2023.#Lietuvos notarų rūmai and Others v Lietuvos Respublikos konkurencijos taryba.#Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas.#Reference for a preliminary ruling – Competition – Article 101 TFEU – Concepts of ‘undertaking’ and ‘decisions of associations of undertakings’ – Decisions of the chamber of notaries of a Member State fixing the methods for calculating fees – Restriction ‘by object’ – Prohibition – Lack of justification – Fine – Imposition on the association of undertakings and its members – Perpetrator of the infringement.#Case C-128/21.

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Case C-396/221: Judgment of the Court (Second Chamber) of 12 January 2023 (request for a preliminary ruling from the Landgericht München I — Germany) — KT, 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)

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Case C-395/21: Judgment of the Court (Fourth Chamber) of 12 January 2023 (request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas — Lithuania) — 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’)

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Case C-356/21: Judgment of the Court (Second Chamber) of 12 January 2023 (request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie — Poland) — 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)

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Joined Cases C-323/21 to C-325/21: Judgment of the Court (First Chamber) of 12 January 2023 (requests for a preliminary ruling from the Raad van State — Netherlands) — Staatssecretaris van Justitie en Veiligheid v B (C-323/21), F (C-324/21) and K v Staatssecretaris van Justitie en Veiligheid (C-325/21) (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)

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Case C-280/21: Judgment of the Court (Third Chamber) of 12 January 2023 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas -Lithuania) — 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)

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