Documents : Union européenne

36821

Judgment of the Court (Second Chamber) of 12 May 2022.#Christoph Klein v European Commission.#Appeal – Article 265 TFEU – Action for failure to act – Directive 93/42/EEC – Medical devices – Article 8(1) and (2) – Safeguard clause procedure – Notification by a Member State of a decision prohibiting the placing on the market of a medical device – Prolonged lack of reaction on the part of the European Commission – Absence of a decision – Admissibility – Locus standi – Out of time – Request for action to be taken within a reasonable time – Principle of good administration – Obligation to state reasons of the General Court of the European Union.#Case C-430/20 P.

cjeu_case · 12 mai 2022

36822

Judgment of the Court (Second Chamber) of 12 May 2022.#Christoph Klein v European Commission.#Appeal – Article 265 TFEU – Action for failure to act – Directive 93/42/EEC – Medical devices – Article 8(1) and (2) – Safeguard clause procedure – Notification by a Member State of a decision prohibiting the placing on the market of a medical device – Prolonged lack of reaction on the part of the European Commission – No decision – Admissibility – Locus standi – Time limit for bringing proceedings – Request to act within a reasonable time – Principle of sound administration – Obligation to state reasons of the General Court of the European Union.#Case C-430/20 P.

cjeu_case · 12 mai 2022

36823

Judgment of the Court (Sixth Chamber) of 12 May 2022.#GD and ES v Luso Temp - Empresa de Trabalho Temporário SA.#Reference for a preliminary ruling – Social policy – Directive 2008/104/EC – Temporary agency work – Article 5(1) – Principle of equal treatment – Article 3(1)(f) – Concept of ‘basic working and employment conditions of temporary agency workers’ – Compensation payable in respect of days of paid annual leave not taken and the corresponding holiday bonus pay in the event of the termination of the employment relationship.#Case C-426/20.

cjeu_case · 12 mai 2022

36824

Judgment of the Court (Sixth Chamber) of 12 May 2022.#GD and ES v Luso Temp - Empresa de Trabalho Temporário SA.#Request for a preliminary ruling from the Tribunal Judicial da Comarca de Braga - Juízo do Trabalho de Barcelos.#Reference for a preliminary ruling – Social policy – Directive 2008/104/EC – Temporary agency work – Article 5(1) – Principle of equal treatment – Article 3(1)(f) – Concept of ‘basic working and employment conditions of temporary agency workers’ – Compensation payable in respect of days of paid annual leave not taken and the corresponding holiday bonus pay in the event of the termination of the employment relationship.#Case C-426/20.

cjeu_case · 12 mai 2022

36825

Judgment of the Court (Fifth Chamber) of 12 May 2022.#Servizio Elettrico Nazionale SpA and Others v Autorità Garante della Concorrenza e del Mercato and Others.#Reference for a preliminary ruling – Competition – Dominant position – Abuse – Article 102 TFEU – Effect of a practice on the well-being of consumers and on the structure of the market – Abusive exclusionary practice – Whether the practice is capable of producing an exclusionary effect – Use of means other than those coming within the scope of competition on the merits – Hypothetical as-efficient competitor unable to replicate the practice – Existence of an anticompetitive intent – Opening up of the market for the sale of electricity to competition – Transfer of commercially sensitive information within a group of undertakings in order to preserve a dominant position inherited from a statutory monopoly – Imputability of a subsidiary’s conduct to the parent company.#Case C-377/20.

cjeu_case · 12 mai 2022

36826

Judgment of the Court (Fifth Chamber) of 12 May 2022.#Servizio Elettrico Nazionale SpA and Others v Autorità Garante della Concorrenza e del Mercato and Others.#Request for a preliminary ruling from the Consiglio di Stato.#Reference for a preliminary ruling – Competition – Dominant position – Abuse – Article 102 TFEU – Effect of a practice on the well-being of consumers and on the structure of the market – Abusive exclusionary practice – Whether the practice is capable of producing an exclusionary effect – Use of means other than those coming within the scope of competition on the merits – Hypothetical as-efficient competitor unable to replicate the practice – Existence of an anticompetitive intent – Opening up of the market for the sale of electricity to competition – Transfer of commercially sensitive information within a group of undertakings in order to preserve a dominant position inherited from a statutory monopoly – Imputability of a subsidiary’s conduct to the parent company.#Case C-377/20.

cjeu_case · 12 mai 2022

36827

Judgment of the Court (Second Chamber) of 12 May 2022.#European Commission v Hansol Paper Co. Ltd.#Appeal – Dumping – Implementing Regulation (EU) 2017/763 – Imports of certain lightweight thermal paper originating in the Republic of Korea – Definitive anti-dumping duty – Regulation (EU) 2016/1036 – Articles 6, 16 and 18 – Proof – Information provided other than by responding to an anti-dumping questionnaire – Weighting of sales affecting the dumping calculation – Article 2(1) and (3) – Calculation of the normal value – Hierarchy between the calculation methods – Article 3(2) and (3) – Injury – Calculation of the undercutting margin – Cross-appeal – Article 2(11) – Full degree of dumping – Article 18 – Exemption from responding to an anti-dumping questionnaire – Lack of non-cooperation.#Case C-260/20 P.

cjeu_case · 12 mai 2022

36828

Judgment of the Court (Second Chamber) of 12 May 2022.#European Commission v Hansol Paper Co. Ltd.#Appeal – Dumping – Implementing Regulation (EU) 2017/763 – Imports of certain lightweight thermal paper originating in the Republic of Korea – Definitive anti-dumping duty – Regulation (EU) 2016/1036 – Articles 6, 16 and 18 – Proof – Information provided other than by responding to an anti-dumping questionnaire – Weighting of sales affecting the dumping calculation – Article 2(1) and (3) – Calculation of the normal value – Hierarchy between the calculation methods – Article 3(2) and (3) – Injury – Calculation of the undercutting margin – Cross-appeal – Article 2(11) – Full degree of dumping – Article 18 – Exemption from responding to an anti-dumping questionnaire – Lack of non-cooperation.#Case C-260/20 P.

cjeu_case · 12 mai 2022

36829

Opinion of Advocate General Pitruzzella delivered on 12 May 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 · 12 mai 2022

36830

Case C-719/20: Judgment of the Court (Fourth Chamber) of 12 May 2022 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Comune di Lerici v Provincia di La Spezia (Reference for a preliminary ruling — Public procurement — Waste management — In-house award — Directive 2014/24/EU — Articles 12 and 72 — Loss of ‘similar control’ conditions as a result of a business combination — Possibility for the successor operator to continue providing the service)

cjeu_case · 12 mai 2022

36831

Case C-714/20: Judgment of the Court (Sixth Chamber) of 12 May 2022 (request for a preliminary ruling from the Commissione tributaria provinciale di Venezia — Italy) — U.I. Srl v Agenzia delle dogane e dei monopoli — Ufficio delle dogane di Venezia (Reference for a preliminary ruling — Customs Union — Value added tax (VAT) — Directive 2006/112/EC — Article 201 — Persons liable for payment of VAT — Import VAT — Union Customs Code — Regulation (EU) No 952/2013 — Article 77(3) — Joint and several liability of the indirect customs representative and the importing company — Customs duties)

cjeu_case · 12 mai 2022

36832

Case C-644/20: Judgment of the Court (Fourth Chamber) of 12 May 2022 (request for a preliminary ruling from the Sąd Okręgowy w Poznaniu — Poland) — W.J. v L.J. and J.J., legally represented by A.P. (Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, applicable law, recognition and enforcement of decisions in matters relating to maintenance obligations — Determination of the applicable law — Hague Protocol on the Law Applicable to Maintenance Obligations — Article 3 — Habitual residence of the creditor — Point in time when habitual residence is to be determined — Wrongful retention of a child)

cjeu_case · 12 mai 2022

36833

Case C-556/20: Judgment of the Court (Second Chamber) of 12 May 2022 (request for a preliminary ruling from the Conseil d’État — France) — Schneider Electric SE and Others v Premier ministre, Ministre de l’Economie, des Finances et de la Relance (Reference for a preliminary ruling — Approximation of laws — Directive 90/435/EEC — Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States — Article 4 and Article 7(2) — Prevention of economic double taxation of dividends)

cjeu_case · 12 mai 2022

36834

Case C-505/20: Judgment of the Court (Eighth Chamber) of 12 May 2022 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Proceedings brought by RR, JG (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Freezing and confiscation of instrumentalities and proceeds of crime in the European Union — Directive 2014/42/EU — Article 4 — Confiscation — Article 7 — Freezing — Article 8 — Procedural guarantees — Freezing and confiscation of property belonging to a person unconnected with the criminal proceedings — National legislation not providing for third party remedies during court proceedings and not allowing for the possible return of the property before the end of the criminal proceedings)

cjeu_case · 12 mai 2022

36835

Case C-430/20 P: Judgment of the Court (Second Chamber) of 12 May 2022 — Christoph Klein v European Commission (Appeal — Article 265 TFEU — Action for failure to act — Directive 93/42/EEC — Medical devices — Article 8(1) and (2) — Safeguard clause procedure — Notification by a Member State of a decision prohibiting the placing on the market of a medical device — Prolonged lack of reaction on the part of the European Commission — Absence of a decision — Admissibility — Locus standi — Out of time — Request for action to be taken within a reasonable time — Principle of good administration — Obligation to state reasons of the General Court of the European Union)

cjeu_case · 12 mai 2022

36836

Case C-426/20: Judgment of the Court (Sixth Chamber) of 12 May 2022 (request for a preliminary ruling from the Tribunal Judicial da Comarca de Braga — Juízo do Trabalho de Barcelos — Portugal) — GD, ES v Luso Temp — Empresa de Trabalho Temporário SA (Reference for a preliminary ruling — Social policy — Directive 2008/104/EC — Temporary agency work — Article 5(1) — Principle of equal treatment — Article 3(1)(f) — Concept of ‘basic working and employment conditions of temporary agency workers’ — Compensation for paid annual leave not taken and the corresponding holiday bonus in the event of termination of the employment relationship)

cjeu_case · 12 mai 2022

36837

Case C-377/20: Judgment of the Court (Fifth Chamber) of 12 May 2022 (Request for a preliminary ruling from the Consiglio di Stato — Italy) — Servizio Elettrico Nazionale SpA, ENEL SpA, Enel Energia SpA v Autorità Garante della Concorrenza e del Mercato and Others (Reference for a preliminary ruling — Competition — Dominant position — Abuse — Article 102 TFEU — Effect of a practice on the well-being of consumers and on the structure of the market — Exclusionary abuse — Whether the practice is capable of having an exclusionary effect — Use of methods other than those coming within the scope of competition on the merits — Hypothetical as-efficient competitor unable to replicate the practice — Existence of an anticompetitive intent — Opening up of the market for the sale of electricity to competition — Transfer of commercially sensitive information within a group of undertakings in order to preserve a dominant position inherited from a statutory monopoly — Imputability of a subsidiary’s conduct to the parent company)

cjeu_case · 12 mai 2022

36838

Case C-260/20 P: Judgment of the Court (Second Chamber) of 12 May 2022 — European Commission v Hansol Paper Co. Ltd, European Thermal Paper Association (ETPA) (Appeal — Dumping — Implementing Regulation (EU) 2017/763 — Imports of certain lightweight thermal paper originating in the Republic of Korea — Definitive anti-dumping duty — Regulation (EU) 2016/1036 — Articles 6, 16 and 18 — Proof — Information provided other than by responding to an anti-dumping questionnaire — Weighting of sales affecting the dumping calculation — Article 2(1) and (3) — Calculation of the normal value — Hierarchy between the calculation methods — Article 3(2) and (3) — Injury — Calculation of the undercutting margin — Cross-appeal — Article 2(11) — Full degree of dumping — Article 18 — Exemption from responding to an anti-dumping questionnaire — Lack of non-cooperation)

cjeu_case · 12 mai 2022

36839

Judgment of the Court (Seventh Chamber) of 12 May 2022.#European Commission v Republic of Bulgaria.#Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematically and persistently exceeding limit values for sulphur dioxide (SO2) in zone BG 0006 (South-East), Bulgaria – Article 23(1) and Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures.#Case C-730/19.

cjeu_case · 12 mai 2022

36840

Judgment of the Court (Seventh Chamber) of 12 May 2022.#European Commission v Republic of Bulgaria.#Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematically and persistently exceeding limit values for sulphur dioxide (SO2) in zone BG 0006 (South-East), Bulgaria – Article 23(1) and Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures.#Case C-730/19.

cjeu_case · 12 mai 2022