Catalogue des documents juridiques (cjeu_case)

104 314 documents
22561

Judgment of the Court (Tenth Chamber) of 14 July 2022.#SGI Studio Galli Ingegneria Srl v European Commission.#Appeal – Arbitration clause – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Grant agreement – The MARSOL Project – Eligible costs – European Anti-Fraud Office (OLAF) investigation report finding certain expenses incurred to be ineligible – Repayment of sums paid – Right to access OLAF’s file – Right to be heard – Burden of proof – Distortion of the facts – Probative value – Principle of proportionality – Unjust enrichment.#Case C-371/21 P.

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22562

Judgment of the Court (Tenth Chamber) of 14 July 2022.#SGI Studio Galli Ingegneria Srl v European Commission.#Appeal – Arbitration clause – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Grant agreement – The MARSOL Project – Eligible costs – European Anti-Fraud Office (OLAF) investigation report finding certain expenses incurred to be ineligible – Repayment of sums paid – Right to access OLAF’s file – Right to be heard – Burden of proof – Distortion of the facts – Probative value – Principle of proportionality – Unjust enrichment.#Case C-371/21 P.

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22563

Judgment of the Court (Eighth Chamber) of 14 July 2022.#EPIC Financial Consulting Ges.m.b.H. v Republik Österreich and Bundesbeschaffung GmbH.#Reference for a preliminary ruling – Public procurement – Regulation (EU) No 1215/2012 – Not applicable to procedures for granting an interlocutory injunction and review procedures as referred to in Article 2 of Directive 89/665/EEC in the absence of an international element – Directive 2014/24/EU – Article 33 – Treatment of a framework agreement as a contract, for the purposes of Article 2a(2) of Directive 89/665 – Not possible to award a new public contract where the quantity and/or maximum value of the works, supplies or services concerned laid down by the framework agreement has or have already been reached – National legislation providing for the payment of fees for access to administrative proceedings in the field of public procurement – Obligations to determine and pay the fees for access to proceedings before the court rules on an application for an interlocutory injunction or an action for review – Non-transparent procedure for the award of a public contract – Principles of effectiveness and equivalence – Effectiveness – Right to an effective remedy – Directive 89/665 – Articles 1, 2 and 2a – Article 47 of the Charter of Fundamental Rights of the European Union – National legislation providing for the dismissal of an action for review where the fees for access to proceedings have not been paid – Determination of the estimated value of a public contract.#Joined Cases C-274/21 and C-275/21.

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22564

Judgment of the Court (Eighth Chamber) of 14 July 2022.#EPIC Financial Consulting Ges.m.b.H. v Republik Österreich and Bundesbeschaffung GmbH.#Requests for a preliminary ruling from the Bundesverwaltungsgericht.#Reference for a preliminary ruling – Public procurement – Regulation (EU) No 1215/2012 – Not applicable to procedures for granting an interlocutory injunction and review procedures as referred to in Article 2 of Directive 89/665/EEC in the absence of an international element – Directive 2014/24/EU – Article 33 – Treatment of a framework agreement as a contract, for the purposes of Article 2a(2) of Directive 89/665 – Not possible to award a new public contract where the quantity and/or maximum value of the works, supplies or services concerned laid down by the framework agreement has or have already been reached – National legislation providing for the payment of fees for access to administrative proceedings in the field of public procurement – Obligations to determine and pay the fees for access to proceedings before the court rules on an application for an interlocutory injunction or an action for review – Non-transparent procedure for the award of a public contract – Principles of effectiveness and equivalence – Effectiveness – Right to an effective remedy – Directive 89/665 – Articles 1, 2 and 2a – Article 47 of the Charter of Fundamental Rights of the European Union – National legislation providing for the dismissal of an action for review where the fees for access to proceedings have not been paid – Determination of the estimated value of a public contract.#Joined Cases C-274/21 and C-275/21.

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22567

Judgment of the Court (Third Chamber) of 14 July 2022.#KL.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – Article 2(4) – Condition of double criminality of the act – Article 4(1) – Ground for optional non-execution of the European arrest warrant – Verification by the executing judicial authority – Acts some of which constitute an offence under the law of the executing Member State – Article 49(3) of the Charter of Fundamental Rights of the European Union – Principle of proportionality of criminal offences and penalties.#Case C-168/21.

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22568

Judgment of the Court (Third Chamber) of 14 July 2022.#KL.#Request for a preliminary ruling from the Cour de cassation.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – Article 2(4) – Condition of double criminality of the act – Article 4(1) – Ground for optional non-execution of the European arrest warrant – Verification by the executing judicial authority – Acts some of which constitute an offence under the law of the executing Member State – Article 49(3) of the Charter of Fundamental Rights of the European Union – Principle of proportionality of criminal offences and penalties.#Case C-168/21.

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22569

Judgment of the Court (Third Chamber) of 14 July 2022.#European Commission and Council of the European Union v VW and Others.#Appeal – Civil service – Pension – Staff Regulations of Officials of the European Union – Article 20 of Annex VIII – Grant of a survivor’s pension – Surviving spouse of a former official in receipt of a retirement pension – Marriage entered into after termination of the official’s service – Condition that the marriage must have lasted for at least five years at the date of the official’s death – Article 18 of Annex VIII – Marriage entered into before termination of the official’s service – Condition that the marriage must have lasted for at least one year only – Plea of illegality in respect of Article 20 of Annex VIII – Charter of Fundamental Rights of the European Union – Article 20 – Principle of equal treatment – Article 21(1) – Principle of non-discrimination on the ground of age – Article 52(1) – No arbitrary or manifestly inappropriate differentiation in the light of the objective pursued by the EU legislature.#Joined Cases C-116/21 P to C-118/21 P and C-138/21 P.

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22570

Judgment of the Court (Third Chamber) of 14 July 2022.#European Commission and Council of the European Union v VW and Others.#Appeal – Civil service – Pension – Staff Regulations of Officials of the European Union – Article 20 of Annex VIII – Grant of a survivor’s pension – Surviving spouse of a former official in receipt of a retirement pension – Marriage entered into after termination of the official’s service – Condition that the marriage must have lasted for at least five years at the date of the official’s death – Article 18 of Annex VIII – Marriage entered into before termination of the official’s service – Condition that the marriage must have lasted for at least one year only – Plea of illegality in respect of Article 20 of Annex VIII – Charter of Fundamental Rights of the European Union – Article 20 – Principle of equal treatment – Article 21(1) – Principle of non-discrimination on the ground of age – Article 52(1) – No arbitrary or manifestly inappropriate differentiation in the light of the objective pursued by the EU legislature.#Joined Cases C-116/21 P to C-118/21 P and C-138/21 P.

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22571

Judgment of the Court (Second Chamber) of 14 July 2022.#Universität Bremen v European Research Executive Agency.#Appeal – Action for annulment – Article 19 of the Statute of the Court of Justice of the European Union – Representation of non-privileged parties in a direct action before the Courts of the European Union – University teacher – University teacher teaching at the university represented in that action and performing duties as coordinator and head of the project that is the subject matter of the dispute – Condition of independence – Existence of a direct and personal interest in the outcome of the dispute.#Case C-110/21 P.

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22572

Judgment of the Court (Second Chamber) of 14 July 2022.#Universität Bremen v European Research Executive Agency.#Appeal – Action for annulment – Article 19 of the Statute of the Court of Justice of the European Union – Representation of non-privileged parties in a direct action before the Courts of the European Union – University teacher – University teacher teaching at the university represented in that action and performing duties as coordinator and head of the project that is the subject matter of the dispute – Condition of independence – Existence of a direct and personal interest in the outcome of the dispute.#Case C-110/21 P.

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22573

Judgment of the Court (Third Chamber) of 14 July 2022.#Sense Visuele Communicatie en Handel vof v Minister van Landbouw, Natuur en Voedselkwaliteit.#Reference for a preliminary ruling – Common agricultural policy – Regulation (EU) No 1307/2013 – Direct support schemes – Common rules – Article 30(6) and Article 50(2) – Application for payment entitlements from the national reserve for young farmers – National administrative authority which has given incorrect information about the classification of a person as a ‘young farmer’ – Principle of the protection of legitimate expectations – Action seeking reparation for loss or harm based on the failure to comply with the national law principle of legitimate expectations.#Case C-36/21.

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22574

Judgment of the Court (Third Chamber) of 14 July 2022.#Sense Visuele Communicatie en Handel vof v Minister van Landbouw, Natuur en Voedselkwaliteit.#Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven.#Reference for a preliminary ruling – Common agricultural policy – Regulation (EU) No 1307/2013 – Direct support schemes – Common rules – Article 30(6) and Article 50(2) – Application for payment entitlements from the national reserve for young farmers – National administrative authority which has given incorrect information about the classification of a person as a ‘young farmer’ – Principle of the protection of legitimate expectations – Action seeking reparation for loss or harm based on the failure to comply with the national law principle of legitimate expectations.#Case C-36/21.

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22575

Opinion of Advocate General Ćapeta delivered on 14 July 2022.#TJ v Inspectoratul General pentru Imigrări.#Request for a preliminary ruling from the Curtea de Apel Cluj.#Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Directive 90/270/EEC – Article 9(3) – Work with display screen equipment – Protection of workers’ eyes and eyesight – Special corrective appliances – Spectacles – Acquisition by the employee – Arrangements for the employer to meet the costs.#Case C-392/21.

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22576

Opinion of Advocate General Pikamäe delivered on 14 July 2022.#Maxime Picard v European Commission.#Appeal – Civil service – Members of the contract staff – Pension – Staff Regulations of Officials of the European Union – 2014 reform – Regulation (EU, Euratom) No 1023/2013 – Annex XIII to those regulations – Second paragraph of Article 21 and second subparagraph of Article 22(1) – Transitional measures relating to the annual rate of accrual of pension rights and retirement age – Conditions of Employment of Other Servants of the European Union – Annex – Article 1(1) – Application of those transitional measures by analogy to other staff employed on 31 December 2013 – Signature of new contract as a member of the contract staff – Act adversely affecting an official – Effective judicial protection.#Case C-366/21 P.

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22577

Opinion of Advocate General Szpunar delivered on 14 July 2022.#R.J.R. v Registrų centras VĮ.#Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas.#Reference for a preliminary ruling – Judicial cooperation in civil matters – European Certificate of Succession – Regulation (EU) No 650/2012 – Article 1(2)(l) – Scope – Article 68 – Contents of the European Certificate of Succession – Article 69(5) – Effects of the European Certificate of Succession – Succession immovable property located in a Member State other than that of the succession – Registration of that immovable property in the land register of that Member State – Legal requirements for such registration under the law of that Member State – Implementing Regulation (EU) No 1329/2014 – Mandatory nature of Form V in Annex 5 to that implementing regulation.#Case C-354/21.

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22578

Opinion of Advocate General Collins delivered on 14 July 2022.#Quadrant Amroq Beverages SRL v Agenţia Naţională de Administrare Fiscală - Direcţia Generală de Administrare a Marilor Contribuabili.#Request for a preliminary ruling from the Tribunalul Bucureşti.#Reference for a preliminary ruling – Harmonisation of fiscal legislation – Directive 92/83/EEC – Harmonisation of the structures of excise duties on alcohol and alcoholic beverages – Excise duty – Ethyl alcohol – Exemptions – Article 27(1)(e) – Production of flavours for the preparation of foodstuffs and non-alcoholic beverages with an alcohol strength not exceeding 1.2% volume – Scope – Principles of proportionality and effectiveness.#Case C-332/21.

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22579

Opinion of Advocate General Collins delivered on 14 July 2022.#CM v TimePartner Personalmanagement GmbH.#Request for a preliminary ruling from the Bundesarbeitsgericht.#Reference for a preliminary ruling – Employment and social policy – Temporary agency work – Directive 2008/104/EC – Article 5 – Principle of equal treatment – Need to respect, in the event of derogation from that principle, the overall protection of temporary agency workers – Collective agreement providing for lower pay than that of staff recruited directly by the user undertaking – Effective judicial protection – Judicial review.#Case C-311/21.

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22580

Opinion of Advocate General Kokott delivered on 14 July 2022.#Luxury Trust Automobil GmbH v Finanzamt Österreich.#Request for a preliminary ruling from the Verwaltungsgerichtshof.#Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 42(a) – Article 197(1)(c) – Article 226(11a) – Article 141 – Exemption – Triangular transaction – Designation of the final recipient of a supply as being liable for VAT – Invoicing – Reference to ‘Reverse charge’ – Mandatory – Omission of that reference on an invoice – Retroactive correction of the invoice.#Case C-247/21.

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