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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316 947 documents
35181

Judgment of the Court (Grand Chamber) of 14 July 2022.#DS v Porsche Inter Auto GmbH & Co KG and Volkswagen AG.#Request for a preliminary ruling from the Oberster Gerichtshof.#Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 715/2007 – Approval of motor vehicles – Article 5(2) – Defeat device – Motor vehicles – Diesel engines – Emission control system – Software installed in the electronic engine controller – Exhaust gas recirculation valve (‘EGR valve’) – Reduction in nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Prohibition on the use of defeat devices that reduce the effectiveness of emission control systems – Article 5(2)(a) – Exception to that prohibition – Consumer protection – Directive 1999/44/EC – Sale of consumer goods and associated guarantees – Article 2(2)(d) – Concept of ‘goods which show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods’ – Vehicle covered by an EC type-approval – Article 3(6) – Concept of a ‘minor lack of conformity’.#Case C-145/20.

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35182

Judgment of the Court (Grand Chamber) of 14 July 2022.#IR v Volkswagen AG.#Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 715/2007 – Approval of motor vehicles – Article 3(10) – Article 5(1) and (2) – Defeat device – Motor vehicles – Diesel engines – Pollutant emissions – Emission control system – Software installed in the electronic engine controller – Exhaust gas recirculation valve (EGR valve) – Reduction in nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Prohibition on the use of defeat devices that reduce the effectiveness of emission control systems – Article 5(2)(a) – Exception to that prohibition – Directive 1999/44/EC – Sale of consumer goods and associated guarantees – Article 3(2) – Device installed during the repair of a vehicle.#Case C-134/20.

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35183

Judgment of the Court (Grand Chamber) of 14 July 2022.#IR v Volkswagen AG.#Request for a preliminary ruling from the Landesgericht Eisenstadt.#Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 715/2007 – Approval of motor vehicles – Article 3(10) – Article 5(1) and (2) – Defeat device – Motor vehicles – Diesel engines – Pollutant emissions – Emission control system – Software installed in the electronic engine controller – Exhaust gas recirculation valve (EGR valve) – Reduction in nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Prohibition on the use of defeat devices that reduce the effectiveness of emission control systems – Article 5(2)(a) – Exception to that prohibition – Directive 1999/44/EC – Sale of consumer goods and associated guarantees – Article 3(2) – Device installed during the repair of a vehicle.#Case C-134/20.

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35184

Judgment of the Court (Grand Chamber) of 14 July 2022.#GSMB Invest GmbH & Co. KG v Auto Krainer GesmbH.#Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 715/2007 – Approval of motor vehicles – Article 3(10) – Article 5(1) and (2) – Defeat device – Motor vehicles – Diesel engines – Pollutant emissions – Emission control system – Software installed in the electronic engine controller – Exhaust gas recirculation valve (EGR valve) – Reduction in nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Prohibition on the use of defeat devices that reduce the effectiveness of emission control systems – Article 5(2)(a) – Exception to that prohibition.#Case C-128/20.

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35185

Judgment of the Court (Grand Chamber) of 14 July 2022.#GSMB Invest GmbH & Co. KG v Auto Krainer GesmbH.#Request for a preliminary ruling from the Landesgericht Klagenfurt.#Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 715/2007 – Approval of motor vehicles – Article 3(10) – Article 5(1) and (2) – Defeat device – Motor vehicles – Diesel engines – Pollutant emissions – Emission control system – Software installed in the electronic engine controller – Exhaust gas recirculation valve (EGR valve) – Reduction in nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Prohibition on the use of defeat devices that reduce the effectiveness of emission control systems – Article 5(2)(a) – Exception to that prohibition.#Case C-128/20.

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35186

Opinion of Advocate General Pitruzzella delivered on 14 July 2022.#Casino, Guichard-Perrachon and Achats Marchandises Casino SAS (AMC) v European Commission.#Appeal – Competition – Agreements, decisions and concerted practices – Decision of the European Commission ordering an inspection – Remedies against the conduct of the inspection – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy – Regulation (EC) No 1/2003 – Article 19 – Regulation (EC) No 773/2004 – Article 3 – Recording of interviews conducted by the Commission during its investigations – Starting point of the Commission’s investigation.#Case C-690/20 P.

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35187

Opinion of Advocate General Pitruzzella delivered on 14 July 2022.#Les Mousquetaires and ITM Entreprises SAS v European Commission.#Appeal – Competition – Agreements, decisions and concerted practices – Decision of the European Commission ordering an inspection – Remedies against the conduct of the inspection – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy – Regulation (EC) No 1/2003 – Article 19 – Regulation (EC) No 773/2004 – Article 3 – Recording of interviews conducted by the Commission during its investigations – Starting point of the Commission’s investigation.#Case C-682/20 P.

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35188

Opinion of Advocate General Rantos delivered on 14 July 2022.#Unilever Italia Mkt. Operations Srl v Autorità Garante della Concorrenza e del Mercato.#Request for a preliminary ruling from the Consiglio di Stato.#Reference for a preliminary ruling – Competition – Article 102 TFEU – Dominant position – Imputation, to the producer, of actions of its distributors – Existence of contractual links between the producer and the distributors – Concept of ‘economic unit’ – Scope – Abuse – Exclusivity clause – Need to demonstrate the effects on the market.#Case C-680/20.

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35189

Opinion of Advocate General Pitruzzella delivered on 14 July 2022.#European Commission v Jiangsu Seraphim Solar System Co. Ltd and Council of the European Union v Jiangsu Seraphim Solar System Co. Ltd.#Appeal – Dumping – Imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China – Implementing Regulation (EU) 2016/2146 withdrawing the acceptance of the undertaking for two exporting producers under Implementing Decision 2013/707/EU – Admissibility of the action at first instance – Fourth paragraph of Article 263 TFEU – Criterion of direct concern – Article 277 TFEU – Plea of illegality – Admissibility – Interest in bringing proceedings against the acts which served as the legal basis for the contested measure – Regulation (EU) 2016/1036 – Article 8(9) – Regulation (EU) 2016/1037 – Article 13(9) – Consequences of the withdrawal by the European Commission of acceptance of an undertaking – Implementing Regulation (EU) No 1238/2013 – Article 3 – Implementing Regulation (EU) No 1239/2013 – Article 2 – Loss of entitlement to exemption from duties – Implementing Regulation (EU) 2016/2146 – Article 2 – Invalidation of the undertaking invoices – Chargeability of duties on all the transactions concerned – Lack of retroactivity.#Joined Cases C-439/20 P and C-441/20 P.

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35192

Case C-500/20: Judgment of the Court (Fifth Chamber) of 14 July 2022 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — ÖBB-Infrastruktur Aktiengesellschaft v Lokomotion Gesellschaft für Schienentraktion mbH (Reference for a preliminary ruling — International agreements — Railway transport — Convention concerning International Carriage by Rail (COTIF) — Uniform Rules concerning the contract for the use of infrastructure in international rail traffic (CUI) — Article 4 — Mandatory law — Article 8 — Liability of the manager — Article 19 — Other actions — Jurisdiction of the Court — Damage to the carrier’s locomotives following a derailment — Leasing of replacement locomotives — Obligation on the infrastructure manager to reimburse lease costs — Contract extending the parties’ liability by reference to national law)

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35193

Case C-436/20: Judgment of the Court (Fourth Chamber) of 14 July 2022 (request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Valenciana — Spain) — Asociación Estatal de Entidades de Servicios de Atención a Domicilio (ASADE) v Consejería de Igualdad y Políticas Inclusivas (Reference for a preliminary ruling — Articles 49 and 56 TFEU — Purely internal situation — Services in the internal market — Directive 2006/123/EC — Scope — Article 2(2)(j) — Public procurement — Directive 2014/24/EU — Concept of a ‘public contract’ — Articles 74 to 77 — Provision of social services in the form of personal assistance — Contractual action agreements with private, social initiative entities — Exclusion of profit-making operators — Location of the entity as a selection criterion)

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35194

Case C-159/20: Judgment of the Court (Fifth Chamber) of 14 July 2022 — European Commission v Kingdom of Denmark (Failure of a Member State to fulfil obligations — Regulation (EU) No 1151/2012 — Quality schemes for agricultural products and foodstuffs — Article 13 — Use of the protected designation of origin (PDO) ‘Feta’ to designate cheese produced in Denmark and intended for export to third countries — Article 4(3) TEU — Principle of sincere cooperation)

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35195

Case C-145/20: Judgment of the Court (Grand Chamber) of 14 July 2022 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — DS v Porsche Inter Auto GmbH & Co. KG, Volkswagen AG (Reference for a preliminary ruling — Approximation of laws — Regulation (EC) No 715/2007 — Approval of motor vehicles — Article 5(2) — Defeat device — Motor vehicles — Diesel engines — Emission control system — Software installed in the electronic engine controller — Exhaust gas recirculation valve (‘EGR valve’) — Reduction in nitrogen oxide (NOx) emissions limited by a ‘temperature window’ — Prohibition on the use of defeat devices that reduce the effectiveness of emission control systems — Article 5(2)(a) — Exception to that prohibition — Consumer protection — Directive 1999/44/EC — Sale of consumer goods and associated guarantees — Article 2(2)(d) — Concept of ‘goods which show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods’ — Vehicle covered by an EC type-approval — Article 3(6) — Concept of a ‘minor lack of conformity’)

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35196

Case C-134/20: Judgment of the Court (Grand Chamber) of 14 July 2022 (request for a preliminary ruling from the Landesgericht Eisenstadt — Austria) — IR v Volkswagen AG (Reference for a preliminary ruling — Approximation of laws — Regulation (EC) No 715/2007 — Approval of motor vehicles — Article 3(10) — Article 5(1) and (2) — Defeat device — Motor vehicles — Diesel engines — Pollutant emissions — Emission control system — Software installed in the electronic engine controller — Exhaust gas recirculation valve (‘EGR valve’) — Reduction in nitrogen oxide (NOx) emissions limited by a ‘temperature window’ — Prohibition on the use of defeat devices that reduce the effectiveness of emission control systems — Article 5(2)(a) — Exception to that prohibition — Directive 1999/44/EC — Sale of consumer goods and associated guarantees — Article 3(2) — Device installed during the repair of a vehicle)

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35197

Case C-128/20: Judgment of the Court (Grand Chamber) of 14 July 2022 (request for a preliminary ruling from the Landesgericht Klagenfurt — Austria) — GSMB Invest GmbH & Co. KG v Auto Krainer GesmbH (Reference for a preliminary ruling — Approximation of laws — Regulation (EC) No 715/2007 — Approval of motor vehicles — Article 3(10) — Article 5(1) and (2) — Defeat device — Motor vehicles — Diesel engines — Pollutant emissions — Emission control system — Software installed in the electronic engine controller — Exhaust gas recirculation valve (‘EGR valve’) — Reduction in nitrogen oxide (NOx) emissions limited by a ‘temperature window’ — Prohibition on the use of defeat devices that reduce the effectiveness of emission control systems — Article 5(2)(a) — Exception to that prohibition)

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35198

Judgment of the Court (Grand Chamber) of 14 July 2022.#European Parliament v Council of the European Union.#Action for annulment – Law governing the institutions – Bodies, offices and agencies of the European Union – European Labour Authority (ELA) – Competence to determine the location of the seat – Article 341 TFEU – Scope – Decision adopted by the Representatives of the Governments of the Member States in the margins of a Council meeting – Jurisdiction of the Court under Article 263 TFEU – Author and legal nature of the act – Absence of binding effects in the EU legal order.#Case C-743/19.

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35199

Judgment of the Court (Grand Chamber) of 14 July 2022.#European Parliament v Council of the European Union.#Action for annulment – Law governing the institutions – Bodies, offices and agencies of the European Union – European Labour Authority (ELA) – Competence to determine the location of the seat – Article 341 TFEU – Scope – Decision adopted by the Representatives of the Governments of the Member States in the margins of a Council meeting – Jurisdiction of the Court under Article 263 TFEU – Author and legal nature of the act – Absence of binding effects in the EU legal order.#Case C-743/19.

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35200

Judgment of the Court (Grand Chamber) of 14 July 2022.#Italian Republic and Comune di Milano v Council of the European Union and European Parliament.#Action for annulment – Law governing the institutions – Regulation (EU) 2018/1718 – Location of the seat of the European Medicines Agency (EMA) in Amsterdam (Netherlands) – Article 263 TFEU – Admissibility – Interest in bringing proceedings – Locus standi – Direct and individual concern – Decision adopted by the Representatives of the Governments of the Member States in the margins of a Council meeting in order to determine the location of the seat of an EU agency – Absence of binding effects in the EU legal order – Prerogatives of the European Parliament.#Joined Cases C-106/19 and C-232/19.

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