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 (104315) decision (43225) directive (8067)
316 947 documents
35421

Judgment of the Court (Ninth Chamber) of 7 July 2022.#F. Hoffmann-La Roche Ltd and Others v Autorità Garante della Concorrenza e del Mercato.#Request for a preliminary ruling from the Consiglio di Stato.#Reference for a preliminary ruling – Second subparagraph 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 – Article 267 TFEU – Obligation on the referring court to give full effect to the interpretation of EU law provided by the Court of Justice – Charter of Fundamental Rights of the European Union – Article 47 – Access to an independent and impartial tribunal previously established by law – Judgment of a national court of last instance after a preliminary ruling by the Court – Alleged non-conformity of that judgment with the interpretation of EU law provided by the Court – National legislation preventing the bringing of an action for revision of that judgment.#Case C-261/21.

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35422

Judgment of the Court (Seventh Chamber) of 7 July 2022.#Coca-Cola European Partners Deutschland GmbH v L.B. and R.G.#Reference for a preliminary ruling – Social policy – Article 153 TFEU – Protection of workers – Directive 2003/88/EC – Organisation of working time – Night work – Collective agreement which provides for a lower supplementary allowance for regular night work than that established for irregular night work – Equal treatment – Article 20 of the Charter of Fundamental Rights of the European Union – Implementation of Union law for the purposes of Article 51(1) of the Charter of Fundamental Rights.#Joined Cases C-257/21 and C-258/21.

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35423

Judgment of the Court (Seventh Chamber) of 7 July 2022.#Coca-Cola European Partners Deutschland GmbH v L.B. and R.G.#Requests for a preliminary ruling from the Bundesarbeitsgericht.#Reference for a preliminary ruling – Social policy – Article 153 TFEU – Protection of workers – Directive 2003/88/EC – Organisation of working time – Night work – Collective agreement which provides for a lower supplementary allowance for regular night work than that established for irregular night work – Equal treatment – Article 20 of the Charter of Fundamental Rights of the European Union – Implementation of Union law for the purposes of Article 51(1) of the Charter of Fundamental Rights.#Joined Cases C-257/21 and C-258/21.

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35424

Judgment of the Court (Eighth Chamber) of 7 July 2022.#Italy Emergenza Cooperativa Sociale v Azienda Sanitaria Locale Barletta-Andria-Trani and Azienda Sanitaria Provinciale di Cosenza.#Reference for a preliminary ruling – Public procurement – Directive 2014/24/EU – Scope – Article 10(h) – Specific exclusions for service contracts – Civil defence, civil protection and danger prevention services – Non-profit organisations or associations – Ambulance service classified as an emergency service – Voluntary organisations – Social cooperatives.#Joined Cases C-213/21 and C-214/21.

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35425

Judgment of the Court (Eighth Chamber) of 7 July 2022.#Italy Emergenza Cooperativa Sociale v Azienda Sanitaria Locale Barletta-Andria-Trani and Azienda Sanitaria Provinciale di Cosenza.#Requests for a preliminary ruling from the Consiglio di Stato.#Reference for a preliminary ruling – Public procurement – Directive 2014/24/EU – Scope – Article 10(h) – Specific exclusions for service contracts – Civil defence, civil protection and danger prevention services – Non-profit organisations or associations – Ambulance service classified as an emergency service – Voluntary organisations – Social cooperatives.#Joined Cases C-213/21 and C-214/21.

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35427

Judgment of the Court (Tenth Chamber) of 7 July 2022.#Staatssecretaris van Financiën v X.#Request for a preliminary ruling from the Hoge Raad der Nederlanden.#Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Articles 184 and 185 – Adjustment of deductions – Taxable person who did not exercise their right of deduction before the expiry of a limitation period – No possibility of making that deduction in the context of adjustment.#Case C-194/21.

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35428

Judgment of the Court (Second Chamber) of 7 July 2022.#PH v Regione Autonoma Friuli Venezia Giulia and Direzione centrale risorse agroalimentari, forestali e ittiche - Servizio foreste e corpo forestale della Regione Autonoma Friuli Venezia Giulia.#Reference for a preliminary ruling – Agriculture – Genetically modified food and feed – Regulation (EC) No 1829/2003 – Deliberate release into the environment of genetically modified organisms – Directive 2001/18/EC – Article 26a – Possibility for Member States to take appropriate measures to avoid the unintended presence of genetically modified organisms in other products – Conditions of application – Principle of proportionality – Guidelines for the development of national coexistence measures to avoid the unintended presence of genetically modified organisms in conventional and organic crops – Measure adopted by an infra-State body prohibiting on its territory the cultivation of genetically modified maize.#Case C-24/21.

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35429

Judgment of the Court (Second Chamber) of 7 July 2022.#PH v Regione Autonoma Friuli Venezia Giulia and Direzione centrale risorse agroalimentari, forestali e ittiche - Servizio foreste e corpo forestale della Regione Autonoma Friuli Venezia Giulia.#Request for a preliminary ruling from the Tribunale ordinario di Pordenone.#Reference for a preliminary ruling – Agriculture – Genetically modified food and feed – Regulation (EC) No 1829/2003 – Deliberate release into the environment of genetically modified organisms – Directive 2001/18/EC – Article 26a – Possibility for Member States to take appropriate measures to avoid the unintended presence of genetically modified organisms in other products – Conditions of application – Principle of proportionality – Guidelines for the development of national coexistence measures to avoid the unintended presence of genetically modified organisms in conventional and organic crops – Measure adopted by an infra-State body prohibiting on its territory the cultivation of genetically modified maize.#Case C-24/21.

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35431

Judgment of the Court (Eighth Chamber) of 7 July 2022.#Pricoforest SRL v Inspectoratul de Stat pentru Controlul în Transportul Rutier (ISCTR).#Request for a preliminary ruling from the Judecătoria Miercurea Ciuc.#Reference for a preliminary ruling – Road transport – Social legislation – Regulation (EC) No 561/2006 – Exceptions – Article 13(1)(b) – Notion of ‘a radius of up to 100 kilometres (km) from the base of the undertaking’ – Vehicles effecting carriage within and also outside of that radius.#Case C-13/21.

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35432

Judgment of the Court (Fourth Chamber) of 7 July 2022.#LKW WALTER Internationale Transportorganisation AG v CB and Others.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Service of documents – Regulation (EC) No 1393/2007 – Article 8(1) – One-week period within which the right to refuse to accept a document is to be exercised – Enforcement order made in one Member State and served in another Member State in the language of the first Member State only – Legislation of that first Member State laying down an eight-day period to lodge an objection to that order – Period for lodging an objection starting to run at the same time as the period laid down for the purpose of exercising the right to refuse to accept the document – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy.#Case C-7/21.

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35433

Judgment of the Court (Fourth Chamber) of 7 July 2022.#LKW WALTER Internationale Transportorganisation AG v CB and Others.#Request for a preliminary ruling from the Bezirksgericht Bleiburg.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Service of documents – Regulation (EC) No 1393/2007 – Article 8(1) – One-week period within which the right to refuse to accept a document is to be exercised – Enforcement order made in one Member State and served in another Member State in the language of the first Member State only – Legislation of that first Member State laying down an eight-day period to lodge an objection to that order – Period for lodging an objection starting to run at the same time as the period laid down for the purpose of exercising the right to refuse to accept the document – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy.#Case C-7/21.

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35434

Opinion of Advocate General Pikamäe delivered on 7 July 2022.#WP v Istituto nazionale della previdenza sociale and Repubblica italiana.#Request for a preliminary ruling from the Tribunale Ordinario di Asti.#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.#Case C-404/21.

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35435

Opinion of Advocate General Emiliou delivered on 7 July 2022.#Freikirche der Siebenten-Tags-Adventisten in Deutschland KdöR v Bildungsdirektion für Vorarlberg.#Request for a preliminary ruling from the Verwaltungsgerichtshof.#Reference for a preliminary ruling – Status under EU law of churches and religious associations or communities in the Member States – Article 17(1) TFEU – Freedom of establishment – Article 49 TFEU – Restrictions – Justification – Proportionality – Subsidies for a private school – Application submitted by a religious society established in another Member State – Establishment recognised by that society as a denominational school.#Case C-372/21.

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35436

Opinion of Advocate General Szpunar delivered on 7 July 2022.#ZG v Beobank SA.#Request for a preliminary ruling from the Justice de paix du canton de Forest.#Reference for a preliminary ruling – Approximation of laws – Payment services in the internal market – Directive 2007/64/EC – Article 47(1)(a) – Information for the payer after receipt of the payment order – Articles 58, 60 and 61 – Payment service provider’s liability for unauthorised transactions – Obligation of that service provider to refund unauthorised transactions to the payer – Framework contracts – Obligation of that service provider to provide that payer with information relating to the payee concerned.#Case C-351/21.

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35437

Opinion of Advocate General Collins delivered on 7 July 2022.#Criminal proceedings against HYA and Others.#Request for a preliminary ruling from the Spetsializiran nakazatelen sad.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive (EU) 2016/343 – Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings – Article 8(1) – Right of an accused person to be present at the trial – Second paragraph of Article 47 and Article 48(2) of the Charter of Fundamental Rights of the European Union – Right to a fair trial and rights of the defence – Examination of witnesses for the prosecution in the absence of the accused person and his or her lawyer at the pre-trial stage of the criminal proceedings – Impossibility of examining witnesses for the prosecution during the judicial stage of those proceedings – National legislation allowing a criminal court to base its decision on the prior testimony of those witnesses.#Case C-348/21.

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35438

Opinion of Advocate General Campos Sánchez-Bordona delivered on 7 July 2022.#Proceedings brought by A.#Request for a preliminary ruling from the Korkein hallinto-oikeus.#Reference for a preliminary ruling – Control of the acquisition and possession of weapons – Directive 91/477/EEC – Annex I, Part III – Deactivation standards and techniques – Implementing Regulation (EU) 2015/2403 – Verification and certification of deactivation of firearms – Article 3 – Verifying entity approved by a national authority – Issuance of a deactivation certificate – Entity not included on the list published by the European Commission – Transfer of deactivated firearms within the European Union – Article 7 – Mutual recognition.#Case C-296/21.

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35439

Opinion of Advocate General Collins delivered on 7 July 2022.#European Commission v Republic of Poland.#Failure of a Member State to fulfil obligations – Excise duties on alcohol and alcoholic beverages – Directive 92/83/EEC – Exemption from harmonised excise duty – Ethyl alcohol used for the production of medicines – Article 27(1)(d) – Exemption conditional on placing the alcohol under a duty suspension arrangement – No facility to obtain a refund of the excise duty paid – Principle of proportionality.#Case C-166/21.

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35440

Opinion of Advocate General Emiliou delivered on 7 July 2022.#Regionų apygardos administracinio teismo Kauno rūmai v Lietuvos Respublikos vidaus reikalų ministerija.#Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Second generation Schengen Information System (SIS II) – Decision 2007/533/JHA – Alert on an object sought – Article 38 – Objectives of the alert – Seizure or use as evidence in criminal proceedings – Article 39 – Execution of the action based on an alert – Measures taken in accordance with the national law of the Member States – National legislation laying down an obligation to prohibit the registration of vehicles which are the subject of alerts in SIS II.#Case C-88/21.

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