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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316 981 documents
46281

Judgment of the Court (Fourth Chamber) of 15 April 2021.#AV.#Request for a preliminary ruling from the Sąd Okręgowy w Gdańsku.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2008/909/JHA – Article 8(2) and (4): – Article 17(1) and (2) – Article 19 – Taking into account, for the purposes of an aggregate sentence, of a conviction delivered in another Member State, which must be enforced in the Member State in which that judgment is delivered – Conditions – Framework Decision 2008/675/JHA – Article 3(3) – Concept of ‘interference with a sentence or its execution’ which must be taken into account in the event of new criminal proceedings initiated in a Member State other than that in which the ruling was delivered.#Case C-221/19.

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46283

Judgment of the Court (Grand Chamber) of 15 April 2021.#H. A. v État belge.#Request for a preliminary ruling from the Conseil d'État.#Reference for a preliminary ruling – Regulation (EU) No 604/2013 – Determination of the Member State responsible for examining an application for international protection – Article 27 – Remedy – Whether account should be taken of circumstances subsequent to the transfer decision – Effective judicial protection.#Case C-194/19.

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Judgment of the Court (Grand Chamber) of 15 April 2021.#Diskrimineringsombudsmannen v Braathens Regional Aviation AB.#Reference for a preliminary ruling – Equal treatment between persons irrespective of racial or ethnic origin – Directive 2000/43/EC – Article 7 – Protection of rights – Article 15 – Sanctions – Action for compensation based on an allegation of discrimination – Defendant acquiescing to claim for compensation without recognition on its part of the discrimination alleged – Connection between the compensation paid and the discrimination alleged – Article 47 of the Charter of Fundamental Rights of the European Union – Right to effective judicial protection – National procedural rules preventing the court seised from ruling on whether there was discrimination as alleged, despite the express request of the claimant.#Case C-30/19.

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46285

Judgment of the Court (Grand Chamber) of 15 April 2021.#Diskrimineringsombudsmannen v Braathens Regional Aviation AB.#Request for a preliminary ruling from the Högsta domstolen.#Reference for a preliminary ruling – Equal treatment between persons irrespective of racial or ethnic origin – Directive 2000/43/EC – Article 7 – Protection of rights – Article 15 – Sanctions – Action for compensation based on an allegation of discrimination – Defendant acquiescing to claim for compensation without recognition on its part of the discrimination alleged – Connection between the compensation paid and the discrimination alleged – Article 47 of the Charter of Fundamental Rights of the European Union – Right to effective judicial protection – National procedural rules preventing the court seised from ruling on whether there was discrimination as alleged, despite the express request of the claimant.#Case C-30/19.

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Opinion of Advocate General Campos Sánchez-Bordona delivered on 15 April 2021.#'Klaipėdos regiono atliekų tvarkymo centras' v UAB.#Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas.#Reference for a preliminary ruling – Public procurement – Directive 2014/24/EU – Article 58(3) and (4) – Article 60(3) and (4) – Annex XII – Conduct of procurement procedures – Selection of participants – Selection criteria – Methods of proof – Economic and financial standing of economic operators – Whether the leader of a temporary association of undertakings may rely on income received in relation to a previous public contract in the same area as the public contract at issue including where it did not itself exercise the activity which is the subject matter of the public contract at issue – Technical and professional ability of economic operators – Exhaustive nature of means of proof permitted by the directive – Article 57(4)(h), (6) and (7) – Award of public service contracts – Non-compulsory grounds for exclusion from participation in a procurement procedure – Inclusion on a list of economic operators excluded from procurement procedures – Joint liability of members of a temporary association of undertakings – Personal nature of the penalty – Article 21 – Protection of the confidentiality of information submitted to the contracting authority by an economic operator – Directive (EU) 2016/943 – Article 9 – Confidentiality – Protection of trade secrets – Applicability to procurement procedures – Directive 89/665/EEC – Article 1 – Right to an effective remedy.#Case C-927/19.

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Opinion of Advocate General Bobek delivered on 15 April 2021.#Fédération bancaire française (FBF) v Autorité de contrôle prudentiel et de résolution (ACPR).#Request for a preliminary ruling from the Conseil d'État.#Reference for a preliminary ruling – Articles 263 and 267 TFEU – EU act which is not legally binding – Judicial review – Guidelines issued by the European Banking Authority (EBA) – Product oversight and governance arrangements for retail banking products – Validity – Power of the EBA.#Case C-911/19.

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46288

Opinion of Advocate General Pitruzzella delivered on 15 April 2021.#Sumal, S.L. v Mercedes Benz Trucks España, S.L.#Request for a preliminary ruling from the Audiencia Provincial de Barcelona.#Reference for a preliminary ruling – Competition – Compensation for harm caused by a practice prohibited under Article 101(1) TFEU – Determination of the undertakings liable to provide compensation – Action for compensation directed against the subsidiary of a parent company and brought following a decision finding only that the parent company participated in a cartel – Concept of an ‘undertaking’ – Concept of ‘economic unit’.#Case C-882/19.

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46289

Opinion of Advocate General Tanchev delivered on 15 April 2021.#SC v Zakład Ubezpieczeń Społecznych I Oddział w Warszawie.#Request for a preliminary ruling from the Sąd Najwyższy.#Reference for a preliminary ruling – Social security for migrant workers – Regulation (EC) No 883/2004 – Article 52(1)(b) – Worker who has been employed in two Member States – Minimum period required by national law for acquisition of entitlement to a retirement pension – Account taken of the contribution period completed under the legislation of another Member State – Aggregation – Calculation of the amount of the retirement benefit to be paid.#Case C-866/19.

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46290

Opinion of Advocate General Bobek delivered on 15 April 2021.#Viesgo Infraestructuras Energéticas SL v Administración General del Estado and Others.#Request for a preliminary ruling from the Tribunal Supremo.#Reference for a preliminary ruling – Common rules for the internal market in electricity – Directive 2009/72/EC – Article 3(2) and (6) – Imposition of public service obligations – Financing of a regulated discount for the purpose of the protection of vulnerable consumers – Requirements of transparency and non-discrimination.#Case C-683/19.

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Opinion of Advocate General Szpunar delivered on 15 April 2021.#NRW. Bank v Single Resolution Board (SRB).#Appeal – Economic and monetary union – Banking union – Recovery and resolution of credit institutions and investment firms – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Board (SRB) – Single Resolution Fund (SRF) – Setting of the 2016 ex ante contribution – Action for annulment – Time limit for bringing an action – Lateness – Challengeable act – Confirmatory act.#Case C-662/19 P.

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Opinion of Advocate General Hogan delivered on 15 April 2021.#Vialto Consulting Kft. v European Commission.#Appeal – Action for damages – Non-contractual liability – Pre-Accession Assistance Instrument – Decentralised management – Investigation by the European Anti-Fraud Office (OLAF) – On-the-spot checks – Regulation (Euratom, EC) No 2185/96 – Article 7 – Access to computer data – Digital forensic operation – Principle of legitimate expectations – Right to be heard – Non-material damage.#Case C-650/19 P.

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Opinion of Advocate General Pikamäe delivered on 15 April 2021.#Criminal proceedings against IS.#Request for a preliminary ruling from the Pesti Központi Kerületi Bíróság.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2010/64/EU – Article 5 – Quality of the interpretation and translation – Directive 2012/13/EU – Right to information in criminal proceedings – Article 4(5) and Article 6(1) – Right to information about the accusation – Right to interpretation and translation – Directive 2016/343/EU – Right to an effective remedy and to a fair trial – Article 48(2) of the Charter of Fundamental Rights of the European Union – Article 267 TFEU – Second subparagraph of Article 19(1) TEU – Admissibility – Appeal in the interests of the law against a decision ordering a reference for a preliminary ruling – Disciplinary proceedings – Power of the higher court to declare the request for a preliminary ruling unlawful.#Case C-564/19.

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Opinion of Advocate General Bobek delivered on 15 April 2021.#Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA.#Request for a preliminary ruling from the Consiglio di Stato.#Reference for a preliminary ruling – Article 267 TFEU – Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling – Exceptions to that obligation – Criteria – Question on the interpretation of EU law raised by the parties to the national proceedings after the Court has given a preliminary ruling in those proceedings – Failure to state the reasons justifying the need for an answer to the questions referred for a preliminary ruling – Partial inadmissibility of the request for a preliminary ruling.#Case C-561/19.

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Opinion of Advocate General Tanchev delivered on 15 April 2021.#M.F. v J.M.#Request for a preliminary ruling from the Sąd Najwyższy.#Reference for a preliminary ruling – Article 267 TFEU – Interpretation sought by the referring court necessary to enable it to give judgment – Concept – Disciplinary proceedings brought against a judge of an ordinary court – Designation of the disciplinary court having jurisdiction to hear those proceedings by the President of the Disciplinary Chamber of the Sąd Najwyższy (Supreme Court, Poland) – Civil action for a declaration that a service relationship does not exist between the President of that disciplinary chamber and the Supreme Court – Lack of jurisdiction of the referring court to review the validity of the appointment of a Supreme Court judge and inadmissibility of such an action under national law – Inadmissibility of the request for a preliminary ruling.#Case C-508/19.

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46296

Opinion of Advocate General Tanchev delivered on 15 April 2021.#Proceedings brought by W.Ż.#Request for a preliminary ruling from the Sąd Najwyższy.#Reference for a preliminary ruling – Rule of law – Effective legal protection in the fields covered by EU law – Second subparagraph of Article 19(1) TEU – Principles of the irremovability of judges and judicial independence – Transfer without consent of a judge of an ordinary court – Action – Order of inadmissibility made by a judge of the Sąd Najwyższy (Izba Kontroli Nadzwyczajnej i Spraw Publicznych) (Supreme Court (Chamber of Extraordinary Control and Public Affairs), Poland) – Judge appointed by the President of the Republic of Poland on the basis of a resolution of the National Council of the Judiciary, despite a court decision ordering that the effects of that resolution be suspended pending a preliminary ruling of the Court – Judge not constituting an independent and impartial tribunal previously established by law – Primacy of EU law – Possibility of finding such an order of inadmissibility to be null and void.#Case C-487/19.

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46297

Case C-935/19: Judgment of the Court (Ninth Chamber) of 15 April 2021 (request for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu — Poland) — Grupa Warzywna sp. z o.o. v Dyrektor Izby Administracji Skarbowej we Wrocławiu (Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 273 — Overstatement in the tax return of the amount of the refund of VAT — Error of assessment by the taxable person concerning the taxable nature of a transaction — Correction of the tax return following an audit — Penalty of an amount equal to 20 % of the overstated VAT reimbursement — Principle of proportionality)

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46300

Case C-868/19: Judgment of the Court (Seventh Chamber) of 15 April 2021 (request for a preliminary ruling from the Finanzgericht Berlin-Brandenburg — Germany) — M-GmbH v Finanzamt für Körperschaften (Reference for a preliminary ruling — Value-added tax (VAT) — Directive 2006/112/EC — Article 9 — Taxable persons — Article 11 — Option for the Member States to treat as a single taxable person persons who are independent from a legal point of view but are closely linked to one another financially, economically and organisationally (‘VAT group’) — Concept of ‘close financial links’ — National legislation according to which partnerships, whose partners, alongside the controlling company, are not solely financially integrated persons in the undertaking of the controlling company, are prevented from being a member of a VAT group — Legal certainty — Preventative measures against fraud and tax evasion — Proportionality — VAT neutrality)

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