Documents : Union européenne

32601

Case C-569/21: Order of the Court (Seventh Chamber) of 17 November 2022 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Ministero dell’Interno, Presidenza del Consiglio dei ministri v PF (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Social policy — Equal treatment in employment and occupation — Article 21 of the Charter of Fundamental Rights of the European Union — Directive 2000/78/EC — Article 2(2), Article 4(1) and Article 6(1) — Prohibition of discrimination on grounds of age — National legislation fixing a maximum age limit of 30 years for the recruitment of technical psychologist commissioners — Justification)

cjeu_case · 17 novembre 2022

32602

Case C-578/21 P: Judgment of the Court (Seventh Chamber) of 17 November 2022 — Irish Wind Farmers’ Association Clg, Carrons Windfarm Ltd, Foyle Windfarm Ltd, Greenoge Windfarm Ltd v European Commission (Appeal — State aid — Article 107(1) TFEU — Article 108(2) and (3) TFEU — Regulation (EU) 2015/1589 — Article 4 — Member State legislation on business property taxation — Methods for valuation of property used to calculate the basis of assessment of the rate payable — Complaint from wind farm operators — Allegation of an under-assessment of the basis of assessment for the business rate payable by fossil fuel electricity producers and, consequently, of a level of business rate of those electricity generators lower than that of other electricity producers due to the choice of valuation method used — Preliminary examination procedure — Decision finding that there is no State aid — No economic and selective advantage — Failure to initiate the formal investigation procedure — Concept of ‘serious difficulties’ — Extent of the European Commission’s investigative duty — Principle of sound administration — Obligation to conduct the investigation procedure diligently and impartially — Scope of review by the General Court of the European Union)

cjeu_case · 17 novembre 2022

32603

Case C-443/21: Judgment of the Court (Tenth Chamber) of 17 November 2022 (request for a preliminary ruling from the Curtea de Apel Piteşti — Romania) — SC Avicarvil Farms SRL v Ministerul Agriculturii şi Dezvoltării Rurale, Agenţia pentru Finanţarea Investiţiilor Rurale, Agenţia de Plăţi şi Intervenţie în Agricultură, Agenţia de Plăţi şi Intervenţie în Agricultură — Centrul Judeţean Vâlcea (Reference for a preliminary ruling — Common agricultural policy (CAP) — European Agricultural Fund for Rural Development (EAFRD) — Regulation (EC) No 1698/2005 — Article 40 — National rural development programme 2007-2013 — Animal welfare payments — Calculation errors — Reductions in payments by the national authorities — Principle of the protection of legitimate expectations — Principle of legal certainty)

cjeu_case · 17 novembre 2022

32604

Case C-350/21: Judgment of the Court (Sixth Chamber) of 17 November 2022 (request for a preliminary ruling from the Sofiyski gradski sad — Bulgaria) — Criminal proceedings initiated by the Spetsializirana prokuratura (Reference for a preliminary ruling — Processing of personal data in the electronic communications sector — Confidentiality of communications — Providers of electronic communications services — General and indiscriminate retention of traffic and location data for a period of six months — Combating serious crime — Access to the retained data — Informing the data subjects — Right to a remedy — Directive 2002/58/EC — Article 15(1) and (2) — Directive (EU) 2016/680 — Articles 13 and 54 — Charter of Fundamental Rights of the European Union — Articles 7, 8, 11 and 47 and Article 52(1))

cjeu_case · 17 novembre 2022

32605

Case C-304/21: Judgment of the Court (Seventh Chamber) of 17 November 2022 (request for a preliminary ruling from the Consiglio di Stato — Italy) — VT v Ministero dell’Interno and Ministero dell’Interno — Dipartimento della Pubblica Sicurezza — Direzione centrale per le risorse umane (Reference for a preliminary ruling — Social policy — Equal treatment in employment and occupation — Article 21 of the Charter of Fundamental Rights of the European Union — Directive 2000/78/EC — Article 2(2), Article 4(1) and Article 6(1) — Prohibition of discrimination on grounds of age — National legislation fixing a maximum age limit of 30 years for the recruitment of police commissioners — Justification)

cjeu_case · 17 novembre 2022

32606

Case C-243/21: Judgment of the Court (Fourth Chamber) of 17 November 2022 (request for a preliminary ruling from the Sąd Okręgowy w Warszawie — Poland) — ‘TOYA’ sp. z o.o., Polska Izba Informatyki i Telekomunikacji v Prezes Urzędu Komunikacji Elektronicznej (Reference for a preliminary ruling — Telecommunications — Directive 2002/19/EC (Access Directive) — Article 8(3) — Directive 2014/61/EU — Articles 1(3), 1(4) and 3(5) — Power of the national regulatory authority to impose ex ante regulatory conditions relating to access to the physical infrastructure of a network operator not having significant market power — Absence of a dispute relating to access)

cjeu_case · 17 novembre 2022

32607

Case C-238/21: Judgment of the Court (First Chamber) of 17 November 2022 (request for a preliminary ruling from the Landesverwaltungsgericht Steiermark — Austria) — Porr Bau GmbH v Bezirkshauptmannschaft Graz-Umgebung (Reference for a preliminary ruling — Environment — Waste — Directive 2008/98/EC — Point 1 of Article 3 — Article 5(1) — Article 6(1) — Excavated materials — Concepts of ‘waste’ and of ‘by-product’ — Cessation of waste status)

cjeu_case · 17 novembre 2022

32608

Case C-230/21: Judgment of the Court (Third Chamber) of 17 November 2022 (request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen — Belgium) — X, acting in her own name and as legal representative of her minor children, Y and Z v Belgische Staat (Reference for a preliminary ruling — Area of freedom, security and justice — Immigration policy — Directive 2003/86/EC — Article 2(f) — Article 10(3)(a) — Concept of ‘unaccompanied minor’ — Right to family reunification — Refugee minor who is married at the time of her entry into the territory of a Member State — Child marriage not recognised in that Member State — Cohabitation with the spouse lawfully residing in that Member State)

cjeu_case · 17 novembre 2022

32609

Case C-175/21: Judgment of the Court (Fifth Chamber) of 17 November 2022 (request for a preliminary ruling from the Sąd Okręgowy w Warszawie — Poland) — Harman International Industries Inc. v AB SA (Reference for a preliminary ruling — Articles 34 and 36 TFEU — Free movement of goods — Intellectual property — EU trade mark — Regulation (EU) 2017/1001 — Article 15 — Exhaustion of the rights conferred by a trade mark — Placing on the market within the European Economic Area (EEA) — Consent of the proprietor of the trade mark — Place of first marketing of products by the proprietor of the trade mark or with its consent — Proof — Directive 2004/48/EC — Article 47 of the Charter of Fundamental Rights of the European Union — Effective judicial protection — Operative part of judicial decisions not identifying the products covered — Difficulties in implementation — Restricted scope of action before the competent court for enforcement — Fair trial — Rights of the defence — Principle of the equality of arms)

cjeu_case · 17 novembre 2022

32610

Case C-54/21: Judgment of the Court (Fourth Chamber) of 17 November 2022 (request for a preliminary ruling from the Krajowa Izba Odwoławcza — Poland) — Antea Polska S.A., Pectore-Eco sp. z o.o., Instytut Ochrony Środowiska — Państwowy Instytut Badawczy v Państwowe Gospodarstwo Wodne Wody Polskie (Reference for a preliminary ruling — Public procurement — Directive 2014/24/EU — Principles of awarding contracts — Article 18 — Transparency — Article 21 — Confidentiality — Insertion of those principles in the national legislation — Right of access to the essential content of the information provided by tenderers concerning their experience and references, concerning the persons proposed to carry out the contract and concerning the design of the proposed projects and the manner of performance — Article 67 — Contract award criteria — Criteria relating to the quality of the proposed work or services — Requirement of precision — Directive 89/665/EEC — Article 1(1) and (3) — Right to an effective remedy — Remedy in the event of infringement of that right on account of the refusal to grant access to non-confidential information)

cjeu_case · 17 novembre 2022

32611

Judgment of the Court (First Chamber) of 17 November 2022.#GE Aircraft Engine Services Ltd v The Commissioners for Her Majesty's Revenue & Customs.#Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 26(1)(b) – Supply of services free of charge – Award of retail vouchers free of charge to staff of the taxable person’s business as part of an employee recognition and reward scheme – Transactions treated as supplies of services for consideration – Scope – Principle of fiscal neutrality.#Case C-607/20.

cjeu_case · 17 novembre 2022

32612

Judgment of the Court (First Chamber) of 17 November 2022.#GE Aircraft Engine Services Ltd v The Commissioners for Her Majesty's Revenue & Customs.#Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber).#Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 26(1)(b) – Supply of services free of charge – Award of retail vouchers free of charge to staff of the taxable person’s business as part of an employee recognition and reward scheme – Transactions treated as supplies of services for consideration – Scope – Principle of fiscal neutrality.#Case C-607/20.

cjeu_case · 17 novembre 2022

32613

Judgment of the Court (First Chamber) of 17 November 2022.#SIA 'Rodl & Partner' v Valsts ieņēmumu dienests.#Reference for a preliminary ruling – Prevention of the use of the financial system for the purpose of money laundering and terrorist financing – Directive (EU) 2015/849 – Article 18(1) and (3) – Annex III, point 3(b) – Risk-based approach – Risk assessment conducted by obliged entities – Identification of risks by Member States and obliged entities – Customer due diligence measures – Enhanced due diligence measures – High-corruption-risk third countries – Article 13(1)(c) and (d) – Evidence and documentation requirements imposed on obliged entities – Article 14(5) – Ongoing customer monitoring imposed on obliged entities – Publication of decisions imposing a sanction.#Case C-562/20.

cjeu_case · 17 novembre 2022

32614

Judgment of the Court (First Chamber) of 17 November 2022.#SIA 'Rodl & Partner' v Valsts ieņēmumu dienests.#Request for a preliminary ruling from the Administratīvā rajona tiesa.#Reference for a preliminary ruling – Prevention of the use of the financial system for the purpose of money laundering and terrorist financing – Directive (EU) 2015/849 – Article 18(1) and (3) – Annex III, point 3(b) – Risk-based approach – Risk assessment conducted by obliged entities – Identification of risks by Member States and obliged entities – Customer due diligence measures – Enhanced due diligence measures – High-corruption-risk third countries – Article 13(1)(c) and (d) – Evidence and documentation requirements imposed on obliged entities – Article 14(5) – Ongoing customer monitoring imposed on obliged entities – Publication of decisions imposing a sanction.#Case C-562/20.

cjeu_case · 17 novembre 2022

32615

Judgment of the Court (Second Chamber) of 17 November 2022.#Volotea, SA and easyJet Airline Company Ltd. v European Commission.#Appeal – State aid – Article 107(1) TFEU – European Commission decision on compensation to Sardinian airports for public service obligations – Existence of unlawful State aid incompatible with the internal market, granted by the Italian Republic to airlines through airport operators – Concept of ‘State aid’ – Proof of the existence of an advantage – Determination of the amount – Market economy operator principle – Applicability and application – Test of the private acquirer of goods or services – Conditions – Burden of proof.#Joined Cases C-331/20 P and C-343/20 P.

cjeu_case · 17 novembre 2022

32616

Judgment of the Court (Second Chamber) of 17 November 2022.#Volotea, SA and easyJet Airline Company Ltd. v European Commission.#Appeal – State aid – Article 107(1) TFEU – European Commission decision on compensation to Sardinian airports for public service obligations – Existence of unlawful State aid incompatible with the internal market, granted by the Italian Republic to airlines through airport operators – Concept of ‘State aid’ – Proof of the existence of an advantage – Determination of the amount – Market economy operator principle – Applicability and application – Test of the private acquirer of goods or services – Conditions – Burden of proof.#Joined Cases C-331/20 P and C-343/20 P.

cjeu_case · 17 novembre 2022

32617

Judgment of the Court (Fifth Chamber) of 17 November 2022.#Impexeco NV and PI Pharma NV v Novartis AG and Novartis Pharma NV.#References for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Intellectual property – Trade marks – Regulation (EC) No 207/2009 – Article 9(2) – Article 13 – Directive 2008/95 – Article 5(1) – Article 7 – Rights conferred by a trade mark – Exhaustion of the rights conferred by a trade mark – Parallel imports of medicinal products – Reference medicinal product and generic medicinal product – Economically linked undertakings – Repackaging of the generic medicinal product – New outer packaging – Affixing the trade mark of the reference medicinal product – Opposition by the proprietor of the trade mark – Artificial partitioning of the markets between the Member States.#Joined Cases C-253/20 and C-254/20.

cjeu_case · 17 novembre 2022

32618

Judgment of the Court (Fifth Chamber) of 17 November 2022.#Impexeco NV and PI Pharma NV v Novartis AG and Novartis Pharma NV.#Requests for a preliminary ruling from the Hof van beroep te Brussel.#References for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Intellectual property – Trade marks – Regulation (EC) No 207/2009 – Article 9(2) – Article 13 – Directive 2008/95 – Article 5(1) – Article 7 – Rights conferred by a trade mark – Exhaustion of the rights conferred by a trade mark – Parallel imports of medicinal products – Reference medicinal product and generic medicinal product – Economically linked undertakings – Repackaging of the generic medicinal product – New outer packaging – Affixing the trade mark of the reference medicinal product – Opposition by the proprietor of the trade mark – Artificial partitioning of the markets between the Member States.#Joined Cases C-253/20 and C-254/20.

cjeu_case · 17 novembre 2022

32619

Judgment of the Court (Fifth Chamber) of 17 November 2022.#Merck Sharp & Dohme BV and Others v Abacus Medicine A/S and Others.#Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Intellectual property – Trade marks – Regulation (EU) 2017/1001 – EU trade mark – Article 9(2) – Article 15 – Directive (EU) 2015/2436 – Approximation of the laws of the Member States relating to trade marks – Article 10(2) – Article 15 – Rights conferred by a trade mark – Exhaustion of the rights conferred by a trade mark – Parallel import of medicinal products – Repackaging of the product bearing the mark – New outer packaging – Replacement of the trade mark appearing on the original outer packaging by another product name – Reaffixing of the trade mark of the proprietor specific to the product, to the exclusion of the other distinctive marks or signs appearing on that original outer packaging – Opposition by the proprietor of the mark – Artificial partitioning of the markets between Member States – Medicinal products for human use – Directive 2001/83/EC – Article 47a – Safety features – Replacement – Equivalent features – Delegated Regulation (EU) 2016/161 – Article 3(2) – Anti-tampering device.#Case C-224/20.

cjeu_case · 17 novembre 2022

32620

Judgment of the Court (Fifth Chamber) of 17 November 2022.#Merck Sharp & Dohme BV and Others v Abacus Medicine A/S and Others.#Request for a preliminary ruling from the Sø- og Handelsretten.#Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Intellectual property – Trade marks – Regulation (EU) 2017/1001 – EU trade mark – Article 9(2) – Article 15 – Directive (EU) 2015/2436 – Approximation of the laws of the Member States relating to trade marks – Article 10(2) – Article 15 – Rights conferred by a trade mark – Exhaustion of the rights conferred by a trade mark – Parallel import of medicinal products – Repackaging of the product bearing the mark – New outer packaging – Replacement of the trade mark appearing on the original outer packaging by another product name – Reaffixing of the trade mark of the proprietor specific to the product, to the exclusion of the other distinctive marks or signs appearing on that original outer packaging – Opposition by the proprietor of the mark – Artificial partitioning of the markets between Member States – Medicinal products for human use – Directive 2001/83/EC – Article 47a – Safety features – Replacement – Equivalent features – Delegated Regulation (EU) 2016/161 – Article 3(2) – Anti-tampering device.#Case C-224/20.

cjeu_case · 17 novembre 2022