24161Judgment of the Court (Fifth Chamber) of 7 April 2022.#V A and Z A v TP.#Request for a preliminary ruling from the Cour de cassation.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 650/2012 – Article 10 – Subsidiary jurisdiction in matters of succession – Deceased person habitually resident at the time of his or her death in a State that is not bound by Regulation (EU) No 650/2012 – Deceased person who is a national of a Member State and has assets in that Member State – Obligation for the court of that Member State seised to examine of its own motion the criteria as regards its subsidiary jurisdiction – Appointment of an administrator of the estate.#Case C-645/20.cjeu_case · 7 avril 2022
24162Judgment of the Court (Third Chamber) of 7 April 2022.#J v H Limited.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Scope – Article 2(a) – Concept of ‘judgment’ – Order for payment made in another Member State after a summary contested examination of a judgment given in a third State – Article 39 – Enforceability in Member States.#Case C-568/20.cjeu_case · 7 avril 2022
24163Judgment of the Court (Third Chamber) of 7 April 2022.#J v H Limited.#Request for a preliminary ruling from the Oberster Gerichtshof.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Scope – Article 2(a) – Concept of ‘judgment’ – Order for payment made in another Member State after a summary contested examination of a judgment given in a third State – Article 39 – Enforceability in Member States.#Case C-568/20.cjeu_case · 7 avril 2022
24164Judgment of the Court (Fourth Chamber) of 7 April 2022.#Q and Others v United Airlines, Inc.#Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Connecting flight consisting of two flight legs – Significant delay to final destination caused in the second leg of that flight linking two airports in a third country – Validity of that regulation under international law.#Case C-561/20.cjeu_case · 7 avril 2022
24165Judgment of the Court (Fourth Chamber) of 7 April 2022.#Q and Others v United Airlines, Inc.#Request for a preliminary ruling from the Nederlandstalige Ondernemingsrechtbank Brussel.#Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Connecting flight consisting of two flight legs – Significant delay to final destination caused in the second leg of that flight linking two airports in a third country – Validity of that regulation under international law.#Case C-561/20.cjeu_case · 7 avril 2022
24166Arrêt de la Cour (deuxième chambre) du 7 avril 2022.#UB contre Kauno teritorinė muitinė.#Renvoi préjudiciel – Code des douanes de l’Union – Extinction de la dette douanière – Marchandises introduites illégalement sur le territoire douanier de l’Union – Saisie et confiscation – Directive 2008/118/CE – Droits d’accise – Directive 2006/112/CE – Taxe sur la valeur ajoutée – Fait générateur – Exigibilité.#Affaire C-489/20.cjeu_case · 7 avril 2022
24167Judgment of the Court (Second Chamber) of 7 April 2022.#UB v Kauno teritorinė muitinė.#Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas.#Reference for a preliminary ruling – Union Customs Code – Extinguishment of the customs debt – Goods unlawfully introduced into the customs territory of the European Union – Seizure and confiscation – Directive 2008/118/EC – Excise duties – Directive 2006/112/EC – Value added tax – Chargeable event – Chargeability.#Case C-489/20.cjeu_case · 7 avril 2022
24168Judgment of the Court (Fourth Chamber) of 7 April 2022.#Instituto de Financiamento da Agricultura e Pescas IP (IFAP) v LM and Others.#Reference for a preliminary ruling – 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 – Discretion of the Member States.#Joined Cases C-447/20 and C-448/20.cjeu_case · 7 avril 2022
24169Judgment of the Court (Fourth Chamber) of 7 April 2022.#Instituto de Financiamento da Agricultura e Pescas IP (IFAP) v LM and Others.#Requests for a preliminary ruling from the Supremo Tribunal Administrativo.#Reference for a preliminary ruling – 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 – Discretion of the Member States.#Joined Cases C-447/20 and C-448/20.cjeu_case · 7 avril 2022
24170Judgment of the Court (Seventh Chamber) of 7 April 2022.#Solar Ileias Bompaina AE v European Commission.#Appeal – State aid – Market for electricity generated from renewable energy sources – National legislation which allegedly has the effect of conferring an unlawful advantage on electricity suppliers – Complaint to the European Commission – Rejection decision without initiating the formal investigation procedure – Action for annulment – Regulation (EU) 2015/1589 – Article 1(h) – Concept of ‘interested party’ – Inadmissibility.#Case C-429/20 P.cjeu_case · 7 avril 2022
24171Judgment of the Court (Seventh Chamber) of 7 April 2022.#Solar Ileias Bompaina AE v European Commission.#Appeal – State aid – Market for electricity generated from renewable energy sources – National legislation which allegedly has the effect of conferring an unlawful advantage on electricity suppliers – Complaint to the European Commission – Rejection decision without initiating the formal investigation procedure – Action for annulment – Regulation (EU) 2015/1589 – Article 1(h) – Concept of ‘interested party’ – Inadmissibility.#Case C-429/20 P.cjeu_case · 7 avril 2022
24172Judgment of the Court (Fourth Chamber) of 7 April 2022.#EL and TP v Caixabank SA.#Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Principle of effectiveness – Principle of equivalence – Judicial proceedings seeking a declaration that a contractual term is unfair – National court’s power of review of its own motion – National proceedings for taxation of costs – Costs recoverable in respect of lawyers’ fees.#Case C-385/20.cjeu_case · 7 avril 2022
24173Judgment of the Court (Fourth Chamber) of 7 April 2022.#EL and TP v Caixabank SA.#Request for a preliminary ruling from the Juzgado de Primera Instancia n° 49 de Barcelona.#Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Principle of effectiveness – Principle of equivalence – Judicial proceedings seeking a declaration that a contractual term is unfair – National court’s power of review of its own motion – National proceedings for taxation of costs – Costs recoverable in respect of lawyers’ fees.#Case C-385/20.cjeu_case · 7 avril 2022
24174Judgment of the Court (Second Chamber) of 7 April 2022.#A SCPI v Veronsaajien oikeudenvalvontayksikkö.#Reference for a preliminary ruling – Taxation – Articles 63 and 65 TFEU – Free movement of capital – Restrictions – Tax on the income of legal persons – Exemption for investment funds – Conditions for exemption – Condition relating to the fund being in contractual form.#Case C-342/20.cjeu_case · 7 avril 2022
24175Judgment of the Court (Second Chamber) of 7 April 2022.#A SCPI v Veronsaajien oikeudenvalvontayksikkö.#Request for a preliminary ruling from the Helsingin hallinto-oikeus.#Reference for a preliminary ruling – Taxation – Articles 63 and 65 TFEU – Free movement of capital – Restrictions – Tax on the income of legal persons – Exemption for investment funds – Conditions for exemption – Condition relating to the fund being in contractual form.#Case C-342/20.cjeu_case · 7 avril 2022
24176Judgment of the Court (Fifth Chamber) of 7 April 2022.#Berlin Chemie A. Menarini SRL v Administraţia Fiscală pentru Contribuabili Mijlocii Bucureşti - Direcţia Generală Regională a Finanţelor Publice Bucureşti.#Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 44 – Place of supply of services – Implementing Regulation (EU) No 282/2011 – Article 11(1) – Provision of services – Point of reference for tax purposes – Concept of a ‘fixed establishment’ – Company from one Member State affiliated to a company located in another Member State – Suitable structure in terms of human and technical resources – Ability to receive and use the services for the fixed establishment’s own needs – Marketing, regulatory, advertising and representation services provided by a related company to the recipient company.#Case C-333/20.cjeu_case · 7 avril 2022
24177Judgment of the Court (Fifth Chamber) of 7 April 2022.#Berlin Chemie A. Menarini SRL v Administraţia Fiscală pentru Contribuabili Mijlocii Bucureşti - Direcţia Generală Regională a Finanţelor Publice Bucureşti.#Request for a preliminary ruling from the Curtea de Apel Bucureşti.#Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 44 – Place of supply of services – Implementing Regulation (EU) No 282/2011 – Article 11(1) – Provision of services – Point of reference for tax purposes – Concept of a ‘fixed establishment’ – Company from one Member State affiliated to a company located in another Member State – Suitable structure in terms of human and technical resources – Ability to receive and use the services for the fixed establishment’s own needs – Marketing, regulatory, advertising and representation services provided by a related company to the recipient company.#Case C-333/20.cjeu_case · 7 avril 2022
24178Judgment of the Court (First Chamber) of 7 April 2022.#PG v Ministero della Giustizia and Others.#Reference for a preliminary ruling – Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clauses 2 and 4 – Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC – Clause 4 – Principle of non-discrimination – Equal treatment in employment and occupation – Magistrates and ordinary judges – Clause 5 – Measures intended to penalise improper use of fixed-term contracts – Directive 2003/88/EC – Article 7 – Paid annual leave.#Case C-236/20.cjeu_case · 7 avril 2022
24179Judgment of the Court (First Chamber) of 7 April 2022.#PG v Ministero della Giustizia and Others.#Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Emilia Romagna.#Reference for a preliminary ruling – Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clauses 2 and 4 – Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC – Clause 4 – Principle of non-discrimination – Equal treatment in employment and occupation – Magistrates and ordinary judges – Clause 5 – Measures intended to penalise improper use of fixed-term contracts – Directive 2003/88/EC – Article 7 – Paid annual leave.#Case C-236/20.cjeu_case · 7 avril 2022
24180Judgment of the Court (Second Chamber) of 7 April 2022.#I GmbH v Finanzamt H.#Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 132(1)(b) – Exemptions for certain activities in the public interest – Exemption for hospital and medical care – Private hospital – Duly recognised establishment – Comparable social conditions.#Case C-228/20.cjeu_case · 7 avril 2022