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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316 946 documents
31481

Judgment of the Court (Grand Chamber) of 22 December 2022.#Generalstaatsanwaltschaft München v S.M.#Request for a preliminary ruling from the Oberlandesgericht München.#Reference for a preliminary ruling – Citizenship of the European Union – Articles 18 and 21 TFEU – Request sent to a Member State by a third State for the extradition of a Union citizen who is a national of another Member State and who has exercised his right to free movement in the first of those Member States – Request made for the purpose of enforcing a custodial sentence – Prohibition on extradition applied solely to own nationals – Restriction of freedom of movement – Justification based on the prevention of impunity – Proportionality.#Case C-237/21.

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31482

Judgment of the Court (Grand Chamber) of 22 December 2022.#Christian Louboutin v Amazon Europe Core Sàrl and Others.#Reference for a preliminary ruling – EU trade mark – Regulation (EU) 2017/1001 – Article 9(2)(a) – Rights conferred by an EU trade mark – Concept of ‘use’ – Operator of an online sales website incorporating an online marketplace – Advertisements published on that marketplace by third-party sellers using, in those advertisements, a sign which is identical with a trade mark of another person for goods which are identical with those for which that trade mark is registered – Perception of that sign as forming an integral part of the commercial communication of that operator – Method of presenting the advertisements which does not make it possible to distinguish clearly the offerings of that operator from those of the third-party sellers.#Joined Cases C-148/21 and C-184/21.

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31483

Judgment of the Court (Grand Chamber) of 22 December 2022.#Christian Louboutin v Amazon Europe Core Sàrl and Others.#Requests for a preliminary ruling from the Tribunal d'arrondissement de Luxembourg and Tribunal de l’entreprise francophone de Bruxelles.#Reference for a preliminary ruling – EU trade mark – Regulation (EU) 2017/1001 – Article 9(2)(a) – Rights conferred by an EU trade mark – Concept of ‘use’ – Operator of an online sales website incorporating an online marketplace – Advertisements published on that marketplace by third-party sellers using, in those advertisements, a sign which is identical with a trade mark of another person for goods which are identical with those for which that trade mark is registered – Perception of that sign as forming an integral part of the commercial communication of that operator – Method of presenting the advertisements which does not make it possible to distinguish clearly the offerings of that operator from those of the third-party sellers.#Joined Cases C-148/21 and C-184/21.

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31484

Judgment of the Court (Fourth Chamber) of 22 December 2022.#Oriol Junqueras i Vies v European Parliament.#Appeal – Institutional law – Members of the European Parliament – Loss of eligibility following a criminal conviction – Declaration that the seat of a Member of the European Parliament is vacant – Request to take an initiative as a matter of urgency to assert the immunity of a Member of the European Parliament – Action for annulment – Inadmissibility.#Case C-115/21 P.

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31485

Judgment of the Court (Fourth Chamber) of 22 December 2022.#Oriol Junqueras i Vies v European Parliament.#Appeal – Institutional law – Members of the European Parliament – Loss of eligibility following a criminal conviction – Declaration that the seat of a Member of the European Parliament is vacant – Request to take an initiative as a matter of urgency to assert the immunity of a Member of the European Parliament – Action for annulment – Inadmissibility.#Case C-115/21 P.

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31486

Judgment of the Court (Second Chamber) of 22 December 2022.#Airbnb Ireland UC and Airbnb Payments UK Ltd v Agenzia delle Entrate.#Reference for a preliminary ruling – Internal market – Article 114(2) TFEU – Exclusion of fiscal provisions – Directive 2000/31/EC – Information society services – Electronic commerce – Online property intermediation platform – Article 1(5)(a) – Exclusion of the ‘field of taxation’ – Directive 2006/123/EC – Services in the internal market – Article 2(3) – Exclusion of the ‘field of taxation’ – Directive (EU) 2015/1535 – Article 1(1)(e) and (f) – Concepts of ‘rule on services’ and ‘technical regulation’ – Obligation on providers of property intermediation services to collect and transmit to the tax authorities data on rental contracts and to withhold tax at source on the payments made – Obligation on service providers that do not have a permanent establishment in Italy to appoint a tax representative – Article 56 TFEU – Restrictive nature – Legitimate objective – Disproportionate nature of the obligation to appoint a tax representative – Third paragraph of Article 267 TFEU – Prerogatives of a national court or tribunal against whose decisions there is no judicial remedy under national law.#Case C-83/21.

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31487

Judgment of the Court (Second Chamber) of 22 December 2022.#Airbnb Ireland UC and Airbnb Payments UK Ltd v Agenzia delle Entrate.#Request for a preliminary ruling from the Consiglio di Stato.#Reference for a preliminary ruling – Internal market – Article 114(2) TFEU – Exclusion of fiscal provisions – Directive 2000/31/EC – Information society services – Electronic commerce – Online property intermediation platform – Article 1(5)(a) – Exclusion of the ‘field of taxation’ – Directive 2006/123/EC – Services in the internal market – Article 2(3) – Exclusion of the ‘field of taxation’ – Directive (EU) 2015/1535 – Article 1(1)(e) and (f) – Concepts of ‘rule on services’ and ‘technical regulation’ – Obligation on providers of property intermediation services to collect and transmit to the tax authorities data on rental contracts and to withhold tax at source on the payments made – Obligation on service providers that do not have a permanent establishment in Italy to appoint a tax representative – Article 56 TFEU – Restrictive nature – Legitimate objective – Disproportionate nature of the obligation to appoint a tax representative – Third paragraph of Article 267 TFEU – Prerogatives of a national court or tribunal against whose decisions there is no judicial remedy under national law.#Case C-83/21.

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31488

Judgment of the Court (Grand Chamber) of 22 December 2022.#JP v Ministre de la Transition écologique and Premier ministre.#Reference for a preliminary ruling – Environment – Directives 80/779/EEC, 85/203/EEC, 96/62/EC, 1999/30/EC and 2008/50/EC – Air quality – Limit values for microparticles (PM10) and nitrogen dioxide (NO2) – Exceeded – Air quality plans – Damage caused to an individual on account of deterioration of the air resulting from the exceedance of those limit values – Liability of the Member State concerned – Conditions for establishing that liability – Requirement that the rule of EU law infringed be intended to confer rights on the individuals who have been harmed – No such intention.#Case C-61/21.

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31489

Judgment of the Court (Grand Chamber) of 22 December 2022.#JP v Ministre de la Transition écologique and Premier ministre.#Request for a preliminary ruling from the Cour administrative d'appel de Versailles.#Reference for a preliminary ruling – Environment – Directives 80/779/EEC, 85/203/EEC, 96/62/EC, 1999/30/EC and 2008/50/EC – Air quality – Limit values for microparticles (PM10) and nitrogen dioxide (NO2) – Exceeded – Air quality plans – Damage caused to an individual on account of deterioration of the air resulting from the exceedance of those limit values – Liability of the Member State concerned – Conditions for establishing that liability – Requirement that the rule of EU law infringed be intended to confer rights on the individuals who have been harmed – No such intention.#Case C-61/21.

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31490

Joined Cases C-341/21 P and C-357/21 P: Order of the Court (Eighth Chamber) of 22 December 2022 — European Commission (C-341/21 P) v KM, European Parliament, Council of the European Union and Council of the European Union (C-357/21 P) v KM, European Commission, European Parliament (Appeal — Article 182 of the Rules of Procedure of the Court of Justice — Civil service — Pension — Staff Regulations of Officials of the European Union — Article 20 of Annex VIII — Grant of a survivor’s pension — Surviving spouse of a former official in receipt of a retirement pension — Marriage entered into after termination of the official’s service — Condition that the marriage must have lasted for at least five years at the date of the official’s death — Article 18 of Annex VIII — Marriage entered into before termination of the official’s service — Condition that the marriage must have lasted for at least one year only — Plea of illegality in respect of Article 20 of Annex VIII — Charter of Fundamental Rights of the European Union — Article 20 — Principle of equal treatment — Article 21(1) — Principle of non-discrimination on grounds of age — Article 52(1) — No arbitrary or manifestly inappropriate differentiation in the light of the objective pursued by the EU legislature)

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31491

Joined Cases C-313/21 P and C-314/21 P: Order of the Court (Eighth Chamber) of 22 December 2022 — Council v FI (C-313/21 P) and Commission v FI (C-314/21 P) (Appeal — Article 182 of the Rules of Procedure of the Court of Justice — Civil service — Pension — Staff Regulations of Officials of the European Union — Article 20 of Annex VIII — Grant of a survivor’s pension — Surviving spouse of a former official who was in receipt of invalidity allowance — Marriage entered into after that official became entitled to invalidity allowance — Condition that the marriage must have lasted for at least five years at the date of the official’s death — Article 19 of Annex VIII — Marriage entered into before that official became entitled to invalidity allowance — No condition as to the minimum duration of the marriage — Plea of illegality in respect of Article 20 of Annex VIII — Charter of Fundamental Rights of the European Union — Article 20 — Principle of equal treatment — Article 21(1) — Principle of non-discrimination — Article 52(1) — No arbitrary or manifestly inappropriate differentiation in the light of the objective pursued by the EU legislature)

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31492

Case C-656/21: Judgment of the Court (Fifth Chamber) of 22 December 2022 (request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD) — Portugal) — IM Gestão de Ativos (IMGA) — Sociedade Gestora de Organismos de Investimento Coletivo SA and Others v Autoridade Tributária e Aduaneira (Reference for a preliminary ruling — Directive 2008/7/EC — Article 5(2)(a) — Indirect taxes on the raising of capital — Stamp duty on services relating to the marketing of shares in undertakings for collective investment in transferable securities)

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31493

Case C-553/21: Judgment of the Court (Eighth Chamber) of 22 December 2022 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — Hauptzollamt Hamburg v Shell Deutschland Oil GmbH (Reference for a preliminary ruling — Directive 2003/96/EC — Taxation of energy products and electricity — Fourth indent of Article 5 — Differentiated rates of excise duty according to whether those products are for business or non-business use — Optional tax exemptions and reductions — Submission of an application for an optional tax reduction after the expiry of the period prescribed for that purpose but before the expiry of the period for assessment of the tax concerned — Principle of legal certainty — Principle of effectiveness — Principle of proportionality)

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31494

Case C-404/21: Judgment of the Court (Fifth Chamber) of 22 December 2022 (request for a preliminary ruling from the Tribunale ordinario di Asti — Italy) — WP v Istituto nazionale della previdenza sociale, Repubblica italiana (Reference for a preliminary ruling — European Central Bank (ECB) staff members — Transfer of pension rights acquired in a national pension scheme to the ECB pension scheme — Article 4(3) TEU — Principle of sincere cooperation — ECB Conditions of Employment — Article 8 of Annex IIIa — No provision of national law or agreement between the Member State concerned and the ECB)

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31495

Case C-392/21: Judgment of the Court (Second Chamber) of 22 December 2022 (request for a preliminary ruling from the Curtea de Apel Cluj — Romania) — TJ v Inspectoratul General pentru Imigrări (Reference for a preliminary ruling — Social policy — Protection of the safety and health of workers — Directive 90/270/EEC — Article 9(3) — Work with display screen equipment — Protection of workers’ eyes and eyesight — Special corrective appliances — Spectacles — Acquisition by the employee — Arrangements for the employer to meet the costs)

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31496

Joined Cases C-383/21 and C-384/21: Judgment of the Court (Fifth Chamber) of 22 December 2022 (requests for a preliminary ruling from the Conseil d’État (Belgium)) — Sambre & Biesme SCRL (C-383/21), Commune de Farciennes (C-384/21) v Société wallonne du logement (Reference for a preliminary ruling — Public procurement — Directive 2014/24/EU — Award of a public contract without a tendering procedure — Public contracts between entities within the public sector — Article 12(3) — Public contracts awarded in house — Concept of ‘similar control’ — Conditions — Representation of all the participating contracting authorities — Article 12(4) — Contract between contracting authorities pursuing common public interest objectives — Concept of ‘cooperation’ — Conditions — Failure to transpose within the prescribed period — Direct effect)

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31497

Case C-332/21: Judgment of the Court (Tenth Chamber) of 22 December 2022 (request for a preliminary ruling from the Tribunalul Bucureşti — Romania) — Quadrant Amroq Beverages SRL v Agenția Națională de Administrare Fiscală — Direcția Generală de Administrare a Marilor Contribuabili (Reference for a preliminary ruling — Harmonisation of fiscal legislation — Directive 92/83/EEC — Harmonisation of the structures of excise duties on alcohol and alcoholic beverages — Excise duty — Ethyl alcohol — Exemptions — Article 27(1)(e) — Production of flavours for the preparation of foodstuffs and non-alcoholic beverages with an alcohol strength not exceeding 1,2 % volume — Scope — Principles of proportionality and effectiveness)

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31498

Case C-288/21 P: Judgment of the Court (Sixth Chamber) of 22 December 2022 — Universität Koblenz-Landau v European Education and Culture Executive Agency (EACEA) (Appeal — Arbitration clause — Tempus IV Programmes — Grant agreements Ecesis, Diusas and Deque — Systemic and recurrent irregularities — Request for full repayment of the amounts paid — Right to be heard — Principle of proportionality — Principle of the protection of legitimate expectations — Application to reopen the oral part of the procedure at first instance — Article 113(2)(c) of the Rules of Procedure of the General Court)

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31499

Case C-279/21: Judgment of the Court (Second Chamber) of 22 December 2022 (request for a preliminary ruling from the Østre Landsret — Denmark) — X v Udlændingenævnet (Reference for a preliminary ruling – EEC-Turkey — Association Agreement — Article 9 — Decision No 1/80 — Article 10(1) — Article 13 — Standstill clause — Family reunification — National rule introducing new more restrictive conditions in the area of family reunification for spouses of Turkish nationals who hold a permanent residence permit in the Member State concerned — Requirement that Turkish workers successfully take a test demonstrating a certain level of knowledge of the official language of that Member State — Justification — Objective of ensuring successful integration)

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