Catalogue des documents juridiques (cjeu_case)

104 314 documents
23763

Judgment of the Court (First Chamber) of 5 May 2022.#Criminal proceedings against BV.#Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Fraudulent concealment of tax due – Penalties – National legislation which provides for an administrative penalty and a criminal penalty for the same acts – Charter of Fundamental Rights of the European Union – Article 49 – Article 50 – Principle ne bis in idem – Article 52(1) – Limitations to the principle ne bis in idem – Requirement to provide for clear and precise rules – Possibility of taking into account the interpretation of national legislation by national courts – Need to provide for rules ensuring the proportionality of all of the penalties imposed – Penalties of different kinds.#Case C-570/20.

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23764

Judgment of the Court (First Chamber) of 5 May 2022.#Criminal proceedings against BV.#Request for a preliminary ruling from the Cour de cassation.#Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Fraudulent concealment of tax due – Penalties – National legislation which provides for an administrative penalty and a criminal penalty for the same acts – Charter of Fundamental Rights of the European Union – Article 49 – Article 50 – Principle ne bis in idem – Article 52(1) – Limitations to the principle ne bis in idem – Requirement to provide for clear and precise rules – Possibility of taking into account the interpretation of national legislation by national courts – Need to provide for rules ensuring the proportionality of all of the penalties imposed – Penalties of different kinds.#Case C-570/20.

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23765

Judgment of the Court (Third Chamber) of 5 May 2022.#A.H. v Zagrebačka banka d.d.#Reference for a preliminary ruling – Consumer protection – Unfair terms – Directive 93/13/EEC – Applicability ratione temporis – Article 10(1) – Loan agreement concluded prior to Member State’s accession to the EU but amended after that date – Article 6 – Reimbursement of benefits improperly obtained by the seller or supplier – National legislation providing for the replacement of unfair terms and reimbursement of the overpayment – Applicability ratione materiae – Article 1(2) – Exclusion of contractual terms which reflect mandatory statutory or regulatory provisions.#Case C-567/20.

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23766

Judgment of the Court (Third Chamber) of 5 May 2022.#A.H. v Zagrebačka banka d.d.#Request for a preliminary ruling from the Općinski građanski sud u Zagrebu.#Reference for a preliminary ruling – Consumer protection – Unfair terms – Directive 93/13/EEC – Applicability ratione temporis – Article 10(1) – Loan agreement concluded prior to Member State’s accession to the EU but amended after that date – Article 6 – Reimbursement of benefits improperly obtained by the seller or supplier – National legislation providing for the replacement of unfair terms and reimbursement of the overpayment – Applicability ratione materiae – Article 1(2) – Exclusion of contractual terms which reflect mandatory statutory or regulatory provisions.#Case C-567/20.

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23767

Judgment of the Court (Second Chamber) of 5 May 2022.#Association France Nature Environnement v Premier ministre and Ministre de la Transition écologique et solidaire.#Reference for a preliminary ruling – Environment – Directive 2000/60/EC – Framework for European Union action in the field of water policy – Article 4(1)(a) – Environmental objectives relating to surface water – Obligation of the Member States not to authorise a programme or project that may cause a deterioration of the status of a body of surface water – Concept of ‘deterioration’ of the status of a body of surface water – Article 4(6) and (7) – Derogations from the prohibition of deterioration – Conditions – Programme or project having temporary, short-term impacts on the status of a body of surface water which are without lasting consequences.#Case C-525/20.

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23768

Judgment of the Court (Second Chamber) of 5 May 2022.#Association France Nature Environnement v Premier ministre and Ministre de la Transition écologique et solidaire.#Request for a preliminary ruling from the Conseil d'État.#Reference for a preliminary ruling – Environment – Directive 2000/60/EC – Framework for European Union action in the field of water policy – Article 4(1)(a) – Environmental objectives relating to surface water – Obligation of the Member States not to authorise a programme or project that may cause a deterioration of the status of a body of surface water – Concept of ‘deterioration’ of the status of a body of surface water – Article 4(6) and (7) – Derogations from the prohibition of deterioration – Conditions – Programme or project having temporary, short-term impacts on the status of a body of surface water which are without lasting consequences.#Case C-525/20.

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23769

Judgment of the Court (Third Chamber) of 5 May 2022.#Banco Santander, SA v J.A.C. and M.C.P.R.#Reference for a preliminary ruling – Directive 2014/59/EU – Resolution of credit institutions and investment firms – General principles – Article 34(1) – Bail-in – Effects – Article 53(1) and (3) – Write-down of capital instruments – Article 60(2), first subparagraph, points (b) and (c) – Articles 73 to 75 – Protection of the rights of shareholders and creditors – Directive 2003/71/EC – Prospectus to be published when securities are offered to the public or admitted to trading – Article 6 – Incorrect information in the prospectus – Action for damages brought after a resolution decision – Action for a declaration of nullity of a share purchase contract brought against the universal successor of the credit institution subject to a resolution decision.#Case C-410/20.

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23770

Judgment of the Court (Third Chamber) of 5 May 2022.#Banco Santander, SA v J.A.C. and M.C.P.R.#Request for a preliminary ruling from the Audiencia Provincial de La Coruña.#Reference for a preliminary ruling – Directive 2014/59/EU – Resolution of credit institutions and investment firms – General principles – Article 34(1) – Bail-in – Effects – Article 53(1) and (3) – Write-down of capital instruments – Article 60(2), first subparagraph, points (b) and (c) – Articles 73 to 75 – Protection of the rights of shareholders and creditors – Directive 2003/71/EC – Prospectus to be published when securities are offered to the public or admitted to trading – Article 6 – Incorrect information in the prospectus – Action for damages brought after a resolution decision – Action for a declaration of nullity of a share purchase contract brought against the universal successor of the credit institution subject to a resolution decision.#Case C-410/20.

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23771

Judgment of the Court (First Chamber) of 5 May 2022.#EB and Others v Versicherungsanstalt öffentlich Bediensteter, Eisenbahnen und Bergbau (BVAEB).#Reference for a preliminary ruling – Social policy – Article 157 TFEU – Protocol (No 33) – Equal treatment of men and women in matters of employment and occupation – Directive 2006/54/EC – Article 5(c) and Article 12 – Prohibition of indirect discrimination on grounds of sex – Occupational social security scheme applicable after the date referred to in those provisions – Retirement pensions of civil servants – National legislation providing for an annual adjustment of retirement pensions – Adjustment on a reducing scale depending on the amount of the retirement pension, with no adjustment at all above a certain amount – Justifications.#Case C-405/20.

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23772

Judgment of the Court (First Chamber) of 5 May 2022.#EB and Others v Versicherungsanstalt öffentlich Bediensteter, Eisenbahnen und Bergbau (BVAEB).#Request for a preliminary ruling from the Verwaltungsgerichtshof.#Reference for a preliminary ruling – Social policy – Article 157 TFEU – Protocol (No 33) – Equal treatment of men and women in matters of employment and occupation – Directive 2006/54/EC – Article 5(c) and Article 12 – Prohibition of indirect discrimination on grounds of sex – Occupational social security scheme applicable after the date referred to in those provisions – Retirement pensions of civil servants – National legislation providing for an annual adjustment of retirement pensions – Adjustment on a reducing scale depending on the amount of the retirement pension, with no adjustment at all above a certain amount – Justifications.#Case C-405/20.

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23773

Judgment of the Court (Seventh Chamber) of 5 May 2022.#FN v Universiteit Antwerpen and Others.#Reference for a preliminary ruling – Social policy – Part-time work – Directive 97/81/EC – Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC – Clause 4.1 – Principle of non-discrimination – Part-time academic staff – Automatic permanent appointments reserved for academic staff members holding a full-time teaching post – Calculation of the percentage of a full-time workload to which a part-time workload corresponds – No requirements.#Case C-265/20.

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23774

Judgment of the Court (Seventh Chamber) of 5 May 2022.#FN v Universiteit Antwerpen and Others.#Request for a preliminary ruling from the Hof van beroep te Antwerpen.#Reference for a preliminary ruling – Social policy – Part-time work – Directive 97/81/EC – Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC – Clause 4.1 – Principle of non-discrimination – Part-time academic staff – Automatic permanent appointments reserved for academic staff members holding a full-time teaching post – Calculation of the percentage of a full-time workload to which a part-time workload corresponds – No requirements.#Case C-265/20.

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23775

Judgment of the Court (First Chamber) of 5 May 2022.#BPC Lux 2 Sàrl and Others v Banco de Portugal and Others.#Reference for a preliminary ruling – Directive 2014/59/EU – Banking union – Recovery and resolution of credit institutions and investment firms – Articles 36, 73 and 74 – Protection of shareholders and creditors – Partial implementation before expiry of the period for transposition – Transposition in stages – Charter of Fundamental Rights of the European Union – Article 17(1) – Right to property.#Case C-83/20.

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23776

Judgment of the Court (First Chamber) of 5 May 2022.#BPC Lux 2 Sàrl and Others v Banco de Portugal and Others.#Request for a preliminary ruling from the Supremo Tribunal Administrativo.#Reference for a preliminary ruling – Directive 2014/59/EU – Banking union – Recovery and resolution of credit institutions and investment firms – Articles 36, 73 and 74 – Protection of shareholders and creditors – Partial implementation before expiry of the period for transposition – Transposition in stages – Charter of Fundamental Rights of the European Union – Article 17(1) – Right to property.#Case C-83/20.

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23777

Judgment of the Court (Second Chamber) of 5 May 2022.#European Commission v Stefano Missir Mamachi di Lusignano, as heir of Livio Missir Mamachi di Lusignano and Maria Letizia Missir Mamachi di Lusignano, as heir of Livio Missir Mamachi di Lusignano.#Appeal – Civil service – Non-contractual liability of the European Union based on a failure of an institution to fulfil its duty to ensure the protection of its officials – Delegation of the European Commission in Morocco – Murdered official – Non-material damage suffered by the official’s brother and sister – Remedy – Articles 270, 268 and 340 TFEU – Staff Regulations of Officials of the European Union – Articles 40, 42b, 55a, 73, 90 and 91 – Concept of a ‘person to whom the Staff Regulations apply’ – Statement of reasons.#Case C-54/20 P.

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23778

Judgment of the Court (Second Chamber) of 5 May 2022.#European Commission v Stefano Missir Mamachi di Lusignano, as heir of Livio Missir Mamachi di Lusignano and Maria Letizia Missir Mamachi di Lusignano, as heir of Livio Missir Mamachi di Lusignano.#Appeal – Civil service – Non-contractual liability of the European Union based on a failure of an institution to fulfil its duty to ensure the protection of its officials – Delegation of the European Commission in Morocco – Murdered official – Non-material damage suffered by the official’s brother and sister – Remedy – Articles 270, 268 and 340 TFEU – Staff Regulations of Officials of the European Union – Articles 40, 42b, 55a, 73, 90 and 91 – Concept of a ‘person to whom the Staff Regulations apply’ – Statement of reasons.#Case C-54/20 P.

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23780

Opinion of Advocate General Collins delivered on 5 May 2022.#Senatsverwaltung für Inneres und Sport, Standesamtsaufsicht v TB.#Request for a preliminary ruling from the Bundesgerichtshof.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility – Divorce – Regulation (EC) No 2201/2003 – Article 2(4) and Article 21 – Concept of ‘judgment’ – Recognition, in a Member State, of the dissolution of a marriage agreed in an agreement between spouses and pronounced by a civil registrar of another Member State – Criterion for determining the existence of a ‘judgment’.#Case C-646/20.

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