Catalogue des documents juridiques (cjeu_case)

104 314 documents
21921

Judgment of the Court (Tenth Chamber) of 15 September 2022.#PNB Banka AS v European Central Bank.#Appeal – Economic and monetary policy – Prudential supervision of credit institutions – Insolvency proceedings – Refusal by the European Central Bank (ECB) to grant the request of the board of directors of a credit institution seeking an order instructing the insolvency administrator of that institution to grant the lawyer authorised by that board access to the premises, information, staff and resources of that institution – Competence of the author of the measure – Article 263 TFEU – Measure open to an annulment action – Inadmissibility.#Case C-326/21 P.

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21922

Judgment of the Court (Fourth Chamber) of 15 September 2022.#UAB 'HA.EN.' v Valstybinė mokesčių inspekcija.#Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Right to deduct input VAT – Sale of an item of immovable property between taxable persons – Vendor subject to insolvency proceedings – National practice under which the purchaser is denied the right of deduction on the ground that he or she knew or should have known of the vendor’s difficulties in paying the output tax – Fraud and abuse of rights – Conditions.#Case C-227/21.

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21923

Judgment of the Court (Fourth Chamber) of 15 September 2022.#UAB 'HA.EN.' v Valstybinė mokesčių inspekcija.#Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas.#Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Right to deduct input VAT – Sale of an item of immovable property between taxable persons – Vendor subject to insolvency proceedings – National practice under which the purchaser is denied the right of deduction on the ground that he or she knew or should have known of the vendor’s difficulties in paying the output tax – Fraud and abuse of rights – Conditions.#Case C-227/21.

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21924

Judgment of the Court (Seventh Chamber) of 15 September 2022.#FK v Rechtsanwaltskammer Wien.#Reference for a preliminary ruling – Coordination of social security systems – Regulation (EC) No 883/2004 – Article 13 – Determination of the legislation applicable – Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons – Annex II – Article 1(2) – Person pursuing the profession of lawyer the centre of interest of whose private and professional activities is situated in Switzerland and who also pursues that profession in two other Member States – Application for the award of an early retirement pension – National legislation requiring that the person concerned waive his right to practise the profession in question in the territory of the Member State concerned and abroad.#Case C-58/21.

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21925

Judgment of the Court (Seventh Chamber) of 15 September 2022.#FK v Rechtsanwaltskammer Wien.#Request for a preliminary ruling from the Verwaltungsgericht Wien.#Reference for a preliminary ruling – Coordination of social security systems – Regulation (EC) No 883/2004 – Article 13 – Determination of the legislation applicable – Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons – Annex II – Article 1(2) – Person pursuing the profession of lawyer the centre of interest of whose private and professional activities is situated in Switzerland and who also pursues that profession in two other Member States – Application for the award of an early retirement pension – National legislation requiring that the person concerned waive his right to practise the profession in question in the territory of the Member State concerned and abroad.#Case C-58/21.

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21926

Judgment of the Court (Third Chamber) of 15 September 2022.#SRS and AA v Minister for Justice and Equality.#Reference for a preliminary ruling – Directive 2004/38/EC – Right of Union citizens and their family members to move and reside freely within the territory of the Member States – Article 3(2), first subparagraph, point (a) – Concept of ‘other family members who are members of the household of the Union citizen having the primary right of residence’ – Assessment criteria.#Case C-22/21.

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21927

Judgment of the Court (Third Chamber) of 15 September 2022.#SRS and AA v Minister for Justice and Equality.#Request for a preliminary ruling from the Supreme Court.#Reference for a preliminary ruling – Directive 2004/38/EC – Right of Union citizens and their family members to move and reside freely within the territory of the Member States – Article 3(2), first subparagraph, point (a) – Concept of ‘other family members who are members of the household of the Union citizen having the primary right of residence’ – Assessment criteria.#Case C-22/21.

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21928

Judgment of the Court (Third Chamber) of 15 September 2022.#Uniqa Versicherungen AG v VU.#Reference for a preliminary ruling – Judicial cooperation in civil matters – European order for payment procedure – Regulation No 1896/2006 – Article 16(2) – 30-day time limit for lodging a statement of opposition to the European order for payment – Article 20 – Review procedure – Article 26 – Application of national law for procedural issues not specifically dealt with in that regulation – COVID-19 pandemic – National legislation which interrupted the procedural periods in civil matters for several weeks.#Case C-18/21.

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21929

Judgment of the Court (Third Chamber) of 15 September 2022.#Uniqa Versicherungen AG v VU.#Request for a preliminary ruling from the Oberster Gerichtshof.#Reference for a preliminary ruling – Judicial cooperation in civil matters – European order for payment procedure – Regulation No 1896/2006 – Article 16(2) – 30-day time limit for lodging a statement of opposition to the European order for payment – Article 20 – Review procedure – Article 26 – Application of national law for procedural issues not specifically dealt with in that regulation – COVID-19 pandemic – National legislation which interrupted the procedural periods in civil matters for several weeks.#Case C-18/21.

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21930

Judgment of the Court (Second Chamber) of 15 September 2022.#Fédération des entreprises de la beauté v Agence nationale de sécurité du médicament et des produits de santé (ANSM).#Reference for a preliminary ruling – Approximation of laws – Cosmetic products – Regulation (EC) No 1223/2009 – Article 27 – Safeguard clause – Article 27(1) – Scope – Provisional national safeguard measures – General measure – Application to a category of cosmetic products containing the same substance – Individual measure – Application to an identified cosmetic product – Provisional national measure imposing certain labelling requirements on a category of leave-on products containing phenoxyethanol.#Case C-4/21.

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21931

Judgment of the Court (Second Chamber) of 15 September 2022.#Fédération des entreprises de la beauté v Agence nationale de sécurité du médicament et des produits de santé (ANSM).#Request for a preliminary ruling from the Conseil d'État (France).#Reference for a preliminary ruling – Approximation of laws – Cosmetic products – Regulation (EC) No 1223/2009 – Article 27 – Safeguard clause – Article 27(1) – Scope – Provisional national safeguard measures – General measure – Application to a category of cosmetic products containing the same substance – Individual measure – Application to an identified cosmetic product – Provisional national measure imposing certain labelling requirements on a category of leave-on products containing phenoxyethanol.#Case C-4/21.

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21932

Opinion of Advocate General Medina delivered on 15 September 2022.#Union fédérale des consommateurs - Que choisir (UFC - Que choisir) and Consommation, logement et cadre de vie (CLCV) v Premier ministre and Ministre de l’Économie, des Finances et de la Relance.#Request for a preliminary ruling from the Conseil d'État.#Reference for a preliminary ruling – Package travel and linked travel arrangements – Directive (EU) 2015/2302 – Article 12(2) to (4) – Termination of a package travel contract – Unavoidable and extraordinary circumstances – COVID-19 pandemic – Refund of payments made by the traveller concerned for a package – Refund in the form of a sum of money or equivalent refund in the form of a credit note (‘voucher’) – Obligation to provide that traveller with a refund not later than 14 days after the relevant contract is terminated – Temporary derogation from that obligation – Adjustment of the temporal effects of a decision taken in accordance with national law annulling national legislation that is contrary to that obligation.#Case C-407/21.

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21933

Opinion of Advocate General Medina delivered on 15 September 2022.#KT and NS v FTI Touristik GmbH.#Request for a preliminary ruling from the Landgericht München I.#Reference for a preliminary ruling – Directive (EU) 2015/2302 – Article 14(1) – Package travel and linked travel arrangements – Performance of a package travel contract – Liability of the organiser concerned – Measures to fight the worldwide spread of an infectious disease – COVID-19 pandemic – Restrictions imposed at the travel destination and in the place of residence of the traveller concerned and in other countries – Lack of conformity of the services provided as part of the package concerned – Appropriate reduction in the price of that package.#Case C-396/21.

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21934

Opinion of Advocate General Medina delivered on 15 September 2022.#PV v Zamestnik izpalnitelen direktor na Darzhaven fond 'Zemedelie'.#Request for a preliminary ruling from the Varhoven administrativen sad.#Reference for a preliminary ruling – Common agricultural policy – Support measures for rural development by the European Agricultural Fund for Rural Development – Agri-environmental payments – Regulation (EC) No 1974/2006 – Inability of the beneficiaries to continue to comply with the commitments given – Concepts of ‘reparcelling’ and ‘land-consolidation measures’ – Absence of measures necessary to adapt the obligations of the beneficiary to the new situation of the holding – Regulation (EC) No 1122/2009 – Concept of ‘force majeure and exceptional circumstances’.#Case C-343/21.

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21935

Opinion of Advocate General Emiliou delivered on 15 September 2022.#Administración General del Estado and Others v Asociación para la Defensa de los Intereses Comunes de las Autoescuelas (AUDICA) and Ministerio Fiscal.#Request for a preliminary ruling from the Tribunal Supremo.#Reference for a preliminary ruling – Directive 2006/123/EC – Services in the internal market – Article 2(2)(d) – Substantive scope – Service in the field of transport – Provision of road safety awareness and re-education courses for the recovery of driving licence points – Concession to operate a public service – Article 15 – Requirements – Division of the relevant territory into five lots – Quantitative and territorial limit on access to the activity concerned – Overriding reasons in the public interest – Whether justified – Road safety – Proportionality – Service of general economic interest.#Case C-292/21.

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21936

Opinion of Advocate General Campos Sánchez-Bordona delivered on 15 September 2022.#European Union Agency for the Cooperation of Energy Regulators v Aquind Ltd.#Appeal – Energy – Regulation (EC) No 714/2009 – Article 17 – Request for exemption relating to an electrical interconnector – Refusal decision from the European Union Agency for the Cooperation of Energy Regulators (ACER) – Regulation (EC) No 713/2009 – Article 19 – Board of Appeal of ACER – Intensity of the review.#Case C-46/21 P.

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21937

Case C-416/21: Judgment of the Court (Fourth Chamber) of 15 September 2022 (request for a preliminary ruling from the Bayerisches Oberstes Landesgericht — Germany) — Landkreis A.-F. v J. Sch. Omnibusunternehmen and K. Reisen GmbH (Reference for a preliminary ruling — Public procurement procedures — Directive 2014/24/EU — Point (d) of the first subparagraph of Article 57(4) — Optional grounds for exclusion — Agreements with other economic operators aimed at distorting competition — Directive 2014/25/EU — Article 36(1) — Principles of proportionality and equal treatment of tenderers — Article 80(1) — Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EU — Tenderers which constitute an economic unit and have submitted separate tenders that were neither autonomous nor independent — Need for sufficiently plausible indications to establish an infringement of Article 101 TFEU)

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21938

Case C-347/21: Judgment of the Court (Eighth Chamber) of 15 September 2022 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal proceedings against DD (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 — Examination of an incriminating witness in the absence of the accused person — Possibility of remedying the infringement of a right at a later stage in the proceedings — Additional examination of the same witness — Directive 2013/48/EU — Right of access to a lawyer in criminal proceedings — Article 3(1) — Examination of an incriminating witness in the absence of the lawyer of the accused person)

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21939

Case C-326/21 P: Judgment of the Court (Tenth Chamber) of 15 September 2022 — PNB Banka AS v European Central Bank (Appeal — Economic and monetary policy — Prudential supervision of credit institutions — Insolvency proceedings — Refusal by the European Central Bank (ECB) to grant the request of the board of directors of a credit institution seeking an order instructing the insolvency administrator of that institution to grant the lawyer authorised by that board access to the premises, information, staff and resources of that institution — Competence of the author of the measure — Article 263 TFEU — Measure open to an annulment action — Inadmissibility)

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21940

Case C-227/21: Judgment of the Court (Fourth Chamber) of 15 September 2022 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — UAB ‘HA.EN.’ v Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos (Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Right to deduct input VAT — Sale of an item of immovable property between taxable persons — Vendor subject to insolvency proceedings — National practice under which the purchaser is denied the right of deduction on the ground that he or she knew or should have known of the vendor’s difficulties in paying the output tax — Fraud and abuse of rights — Conditions)

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