Catalogue des documents juridiques (cjeu_case)

104 314 documents
21321

Opinion of Advocate General Pikamäe delivered on 20 October 2022.#Lufthansa Technik AERO Alzey GmbH v Arik Air Limited and Others.#Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas.#Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EC) No 805/2004 – European Enforcement Order for uncontested claims – Article 23(c) – Stay of enforcement of a judgment certified as a European Enforcement Order – Exceptional circumstances – Concept.#Case C-393/21.

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21322

Opinion of Advocate General Szpunar delivered on 20 October 2022.#Criminal proceedings against MR.#Request for a preliminary ruling from the Oberlandesgericht Bamberg.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Convention implementing the Schengen Agreement – Article 54 – Principle ne bis in idem – Article 55(1)(b) – Exception to the application of the principle ne bis in idem – Offence against the security or other essential interests of the Member State – Article 50 of the Charter of Fundamental Rights of the European Union – Principle ne bis in idem – Article 52(1) – Limitations to the principle ne bis in idem – Compatibility of a national declaration providing for an exception to the principle ne bis in idem – Criminal organisation – Financial crime.#Case C-365/21.

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21323

Opinion of Advocate General Pitruzzella delivered on 20 October 2022.#DIGI Communications NV v Nemzeti Média- és Hírközlési Hatóság Hivatala.#Request for a preliminary ruling from the Fővárosi Törvényszék.#Reference for a preliminary ruling – Telecommunications – Electronic communications networks and services – Directive 2002/21/EC (Framework Directive) – Article 4(1) – Directive 2002/20/EC (Authorisation Directive) – Article 7 – Award of rights to use frequencies – Auction procedure – Holding company not registered as a provider of electronic communications services in the Member State concerned – Exclusion from the award procedure – Right of appeal against the award decision.#Case C-329/21.

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21324

Opinion of Advocate General Szpunar delivered on 20 October 2022.#Proceedings brought by Starkinvest SRL.#Request for a preliminary ruling from the Tribunal de première instance de Liège.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 655/2014 – European Account Preservation Order procedure – Conditions for issuing a preservation order – Article 4 – Concept of ‘judgment’ – Article 7 – Concept of ‘judgment requiring the debtor to pay the creditor’s claim’ – Judgment ordering a party to make a penalty payment for breach of a prohibitory order – Regulation (EU) No 1215/2012 – Article 55 – Scope.#Case C-291/21.

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21325

Case C-374/21: Order of the Court (Ninth Chamber) of 20 October 2022 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Instituto de Financiamento da Agricultura e Pescas IP (IFAP) v AB, CD and EF (Reference for a preliminary ruling — Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice — Regulation (EC, Euratom) No 2988/95 — Own resources of the European Union — Protection of the European Union’s financial interests — Proceedings relating to irregularities — Article 4 — Adoption of administrative measures — Article 3(1) — Limitation period for proceedings — Expiry — Whether it may be relied on in the context of the enforced recovery procedure — Article 3(2) — Period for implementation — Applicability — Starting point of the limitation period — Interruption and suspension)

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21326

Case C-825/21: Judgment of the Court (Fifth Chamber) of 20 October 2022 (request for a preliminary ruling from the Cour de cassation — Belgium) — UP v Centre public d’action sociale de Liège (Reference for a preliminary ruling — Area of freedom, security and justice — Immigration policy — Directive 2008/115/EC — Return of illegally staying third-country nationals — Asylum application — Rejection — Order to leave the territory — Article 6(4) — Application for leave to remain for the purpose of medical treatment — Admissible application — Issuance of temporary leave to remain while the application is being examined — Dismissal of application — Social assistance — Refusal — Condition relating to the legality of the stay — No return decision — Effect of temporary leave to remain on the order to leave the territory)

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21328

Case C-406/21: Judgment of the Court (Tenth Chamber) of 20 October 2022 (request for a preliminary ruling from the Korkein oikeus — Finland) — A Oy v B Ky, Joint heirs of C (Reference for a preliminary ruling — Combating late payment in commercial transactions — Directive 2011/7/EU — Article 12(4) — Temporal scope — Practice established before 16 March 2013 consisting in not recovering interest for late payment or compensation for recovery costs — Practice applied to individual orders placed on or after that date — Article 7(2) and (3) — Grossly unfair contractual terms and practices — Waiver freely agreed to)

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21329

Case C-362/21: Judgment of the Court (Tenth Chamber) of 20 October 2022 (request for a preliminary ruling from the Administrativen sad Veliko Tarnovo — Bulgaria) –- ‘EKOFRUKT’ EOOD v Direktor na Direktsia ‘Obzhalvane i danachno-osiguritelna praktika’ — Veliko Tarnovo (Reference for a preliminary ruling — Internal market — Regulation (EU) No 910/2014 — Point 12 of Article 3 — Concept of ‘qualified electronic signature’ — Article 25(1) — Article 26 — Annex I — Legal effects of electronic signatures — Requirements relating to an advanced electronic signature — Administrative act issued in the form of an electronic document, the electronic signature of which does not meet the requirements of a ‘qualified electronic signature’ — Cumulative requirements — Consequences — Point 15 of Article 3 — Absence of a ‘qualified certificate for electronic signature’ — Qualified electronic signature entered in the certificate issued by the trust service provider — Effect — Names of the holder of the electronic signature having been written in the Latin alphabet rather than being written, as was customary, in Cyrillic script)

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21330

Case C-306/21: Judgment of the Court (Eighth Chamber) of 20 October 2022 (request for a preliminary ruling from the Varhoven administrativen sad — Bulgaria) — Komisia za zashtita na lichnite danni, Tsentralna izbiratelna komisia v Koalitsia ‘Demokratichna Bulgaria — Obedinenie’ (Reference for a preliminary ruling — Protection of personal data — Regulation (EU) 2016/679 — Scope — Article 2(2)(a) — Meaning of ‘activity which falls outside the scope of Union law’ — National and European Elections — Article 6(1)(e) — Lawfulness of processing — Article 58 — Act adopted by the supervisory authorities limiting, or where appropriate, prohibiting the video recording of the determination of the election results at electoral premises)

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21331

Case C-301/21: Judgment of the Court (Sixth Chamber) of 20 October 2022 (request for a preliminary ruling from the Curtea de Apel Oradea — Romania) — Curtea de Apel Alba Iulia and Others v YF and Others (Reference for a preliminary ruling — Social policy — Equal treatment in employment and occupation — Directive 2000/78/EC — Article 2(1) and (2) — Prohibition of discrimination on grounds of age — National legislation which leads to a situation in which the remuneration of certain judges is higher than that of other judges of the same rank and performing the same work — Article 1 — Purpose — Exhaustive nature of the discrimination referred to)

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21332

Case C-295/21: Judgment of the Court (Eighth Chamber) of 20 October 2022 (request for a preliminary ruling from the Cour d’appel de Bruxelles — Belgium) — Allianz Benelux SA v État belge, SPF Finances (Reference for a preliminary ruling — Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States — Directive 90/435/EEC — Article 4(1) — Exemption in favour of a parent company of the dividends paid by its subsidiary — Carrying over definitively taxed income surpluses to subsequent tax years — Absorption of a company with definitively taxed income surpluses by another company — National legislation limiting the transfer of those surpluses to the absorbing company)

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21333

Case C-111/21: Judgment of the Court (Third Chamber) of 20 October 2022 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — BT v Laudamotion GmbH (Reference for a preliminary ruling — Air transport — Montreal Convention — Article 17(1) — Liability of air carriers for death or bodily injuries sustained by passengers — Concept of ‘bodily injury’ — Post-traumatic stress disorder suffered by a passenger during the emergency evacuation of an aircraft)

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21334

Case C-77/21: Judgment of the Court (First Chamber) of 20 October 2022 (request for a preliminary ruling from the Fővárosi Törvényszék — Hungary) — Digi Távközlési és Szolgáltató Kft. v Nemzeti Adatvédelmi és Információszabadság Hatóság (Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data — Regulation (EU) 2016/679 — Article 5(1)(b) and (e) — Principle of ‘purpose limitation’ — Principle of ‘storage limitation’ — Creation, from an existing database, of a database for carrying out tests and correcting errors — Further processing of data — Compatibility of further processing of those data with the purposes of the initial collection — Period of storage in the light of those purposes)

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21335

Case C-66/21: Judgment of the Court (Fourth Chamber) of 20 October 2022 (request for a preliminary ruling from the Rechtbank Den Haag — Netherlands) — O.T.E. v Staatssecretaris van Justitie en Veiligheid (Reference for a preliminary ruling — Border controls, asylum and immigration — Asylum policy — Residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate irregular immigration, who cooperate with the competent authorities — Directive 2004/81/EC — Article 6 — Scope — Third-country national claiming to be the victim of an offence related to the trafficking in human beings — Entitlement to the reflection period provided for in Article 6(1) of that directive — Prohibition on enforcing an expulsion measure — Definition — Scope — Calculation of that reflection period — Regulation (EU) No 604/2013 — Criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person — Transfer to the Member State responsible for examining that application for international protection)

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21336

Judgment of the Court (Third Chamber) of 20 October 2022.#ROI Land Investments Ltd. v FD.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Article 6 – Defendant not domiciled in a Member State – Article 17 – Jurisdiction over consumer contracts – Concept of ‘trade or profession’/‘professional activities’ – Article 21 – Jurisdiction over individual contracts of employment – Concept of ‘employer’ – Relationship of subordination – Regulation (EC) No 593/2008 – Applicable law – Article 6 – Individual contract of employment – Letter of comfort between the employee and a third party company guaranteeing performance of the employer’s obligations towards that employee.#Case C-604/20.

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21337

Judgment of the Court (Third Chamber) of 20 October 2022.#ROI Land Investments Ltd. v FD.#Request for a preliminary ruling from the Bundesarbeitsgericht.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Article 6 – Defendant not domiciled in a Member State – Article 17 – Jurisdiction over consumer contracts – Concept of ‘trade or profession’/‘professional activities’ – Article 21 – Jurisdiction over individual contracts of employment – Concept of ‘employer’ – Relationship of subordination – Regulation (EC) No 593/2008 – Applicable law – Article 6 – Individual contract of employment – Letter of comfort between the employee and a third party company guaranteeing performance of the employer’s obligations towards that employee.#Case C-604/20.

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21338

Judgment of the Court (Third Chamber) of 20 October 2022.#BFF Finance Iberia S.A.U v Gerencia Regional de Salud de la Junta de Castilla y León.#Reference for a preliminary ruling – Directive 2011/7/EU – Combating late payment in commercial transactions – Recovery from a public authority of debts assigned by undertakings to a collection agency – Compensation for recovery costs incurred by the creditor in the event of late payment by the debtor – Article 6 – Fixed minimum sum of EUR 40 – Transactions between undertakings and public authorities – Article 4 – Procedure for ascertaining the conformity of goods or services – Payment period – Article 2(8) – Definition of ‘amount due’ – Inclusion of value added tax for the purpose of calculating default interest.#Case C-585/20.

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21339

Judgment of the Court (Third Chamber) of 20 October 2022.#BFF Finance Iberia S.A.U v Gerencia Regional de Salud de la Junta de Castilla y León.#Request for a preliminary ruling from the Juzgado Contencioso-Administrativo Valladolid.#Reference for a preliminary ruling – Directive 2011/7/EU – Combating late payment in commercial transactions – Recovery from a public authority of debts assigned by undertakings to a collection agency – Compensation for recovery costs incurred by the creditor in the event of late payment by the debtor – Article 6 – Fixed minimum sum of EUR 40 – Transactions between undertakings and public authorities – Article 4 – Procedure for ascertaining the conformity of goods or services – Payment period – Article 2(8) – Definition of ‘amount due’ – Inclusion of value added tax for the purpose of calculating default interest.#Case C-585/20.

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21340

Judgment of the Court (First Chamber) of 20 October 2022.#INVEST FUND MANAGEMENT v Komisia za finansov nadzor.#Reference for a preliminary ruling – Approximation of laws – Directive 2009/65/EC – Undertakings for collective investment in transferable securities (UCITS) – UCITS management companies – Obligations concerning information to be provided to investors – Article 72 – Obligation to keep the ‘essential elements of the prospectus’ up to date – Scope – Article 69(2) – Information specified in Schedule A of Annex I – Composition of a body of the management company – Article 99a(r) – Transposition into national law – National regulation extending the scope for detection of and imposition of a penalty for an offence relating to the keeping up to date of the prospectus.#Case C-473/20.

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