Catalogue des documents juridiques (cjeu_case)

104 315 documents
28361

Judgment of the Court (Grand Chamber) of 15 July 2021.#A v Latvijas Republikas Veselības ministrija.#Reference for a preliminary ruling – Freedom of movement for persons – Citizenship of the Union – Regulation (EC) No 883/2004 – Article 3(1)(a) – Sickness benefits – Concept – Article 4 and Article 11(3)(e) – Directive 2004/38/EC – Article 7(1)(b) – Right of residence for more than three months – Condition of having comprehensive sickness insurance cover – Article 24 – Equal treatment – Economically inactive national of a Member State residing legally in the territory of another Member State – Refusal by the host Member State to affiliate that person to its public sickness insurance system.#Case C-535/19.

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28362

Judgment of the Court (Grand Chamber) of 15 July 2021.#A v Latvijas Republikas Veselības ministrija.#Request for a preliminary ruling from the Augstākā tiesa (Senāts).#Reference for a preliminary ruling – Freedom of movement for persons – Citizenship of the Union – Regulation (EC) No 883/2004 – Article 3(1)(a) – Sickness benefits – Concept – Article 4 and Article 11(3)(e) – Directive 2004/38/EC – Article 7(1)(b) – Right of residence for more than three months – Condition of having comprehensive sickness insurance cover – Article 24 – Equal treatment – Economically inactive national of a Member State residing legally in the territory of another Member State – Refusal by the host Member State to affiliate that person to its public sickness insurance system.#Case C-535/19.

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28363

Judgment of the Court (Fourth Chamber) of 15 July 2021.#Deutsche Lufthansa AG v European Commission.#Appeal – State aid – Aid for airports and airlines – Decision classifying the measures in favour of Frankfurt Hahn airport as State aid compatible with the internal market and finding no State aid in favour of airlines using that airport – Inadmissibility of an action for annulment – Fourth paragraph of Article 263 TFEU – Natural or legal person not directly and individually concerned by the decision at issue – Effective judicial protection.#Case C-453/19 P.

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28364

Judgment of the Court (Fourth Chamber) of 15 July 2021.#Deutsche Lufthansa AG v European Commission.#Appeal – State aid – Aid for airports and airlines – Decision classifying the measures in favour of Frankfurt Hahn airport as State aid compatible with the internal market and finding no State aid in favour of airlines using that airport – Inadmissibility of an action for annulment – Fourth paragraph of Article 263 TFEU – Natural or legal person not directly and individually concerned by the decision at issue – Effective judicial protection.#Case C-453/19 P.

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28365

Opinion of Advocate General Tanchev delivered on 15 July 2021.#UAB „Manpower Lit“ v E.S. and Others.#Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas.#Reference for a preliminary ruling – Social policy – Temporary agency work – Directive 2008/104/EC – Article 1 – Scope – Concepts of ‘public undertaking’ and ‘being engaged in economic activities’ – European Union agencies – European Institute for Gender Equality (EIGE) as a ‘user undertaking’ within the meaning of Article 1(2) of that directive – Article 5(1) – Principle of equal treatment – Basic working and employment conditions – Concept of ‘the same job’ – Regulation (EC) No 1922/2006 – Article 335 TFEU – Principle of administrative autonomy of an EU institution – Article 336 TFEU – Staff Regulations of Officials of the European Union and Conditions of Employment of Other Servants of the European Union.#Case C-948/19.

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28366

Opinion of Advocate General Tanchev delivered on 15 July 2021.#L v Unicaja Banco SA.#Request for a preliminary ruling from the Tribunal Supremo.#Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Principle of equivalence – Principle of effectiveness – Mortgage agreement – Unfairness of the ‘floor clause’ in the agreement – National rules concerning the judicial appeal procedure – Limitation of the temporal effects of the declaration that an unfair term is void – Restitution – Power of review by the national appeal court of its own motion.#Case C-869/19.

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28368

Opinion of Advocate General Tanchev delivered on 15 July 2021.#IO v Impuls Leasing România IFN SA.#Request for a preliminary ruling from the Judecătoria Sector 2 Bucureşti.#Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Principle of equivalence – Principle of effectiveness – Enforcement proceedings in respect of a leasing contract constituting an enforceable instrument – Objection to enforcement – National legislation not allowing the court hearing that objection to determine whether the terms of an enforceable instrument are unfair – Power of the court hearing the enforcement proceedings to examine of its own motion whether a term is unfair – Existence of an action under ordinary law allowing the review of whether those terms were unfair – Requirement of a security in order to suspend the enforcement proceedings.#Case C-725/19.

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28369

Opinion of Advocate General Tanchev delivered on 15 July 2021.#SPV Project 1503 Srl and Others v YB and Others v YX and ZW.#Requests for a preliminary ruling from the Tribunale di Milano.#Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Principle of equivalence – Principle of effectiveness – Payment order and attachment proceedings against third parties – Force of res judicata implicitly covering the validity of the terms of an enforceable instrument – Power of the court hearing the enforcement proceedings to examine of its own motion the potential unfairness of a term.#Joined Cases C-693/19 and C-831/19.

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28370

Opinion of Advocate General Tanchev delivered on 15 July 2021.#MA v Ibercaja Banco, SA.#Request for a preliminary ruling from the Audiencia Provincial de Zaragoza.#Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Principle of equivalence – Principle of effectiveness – Mortgage enforcement proceedings – Unfairness of the term setting the nominal rate for default interest, and of the advanced repayment term in the loan agreement – Force of res judicata and time-barring – Loss of the possibility of relying on the unfairness of a contractual term before a court – Power of review by the national court of its own motion.#Case C-600/19.

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28371

Opinion of Advocate General Saugmandsgaard Øe delivered on 15 July 2021.#Republic of Poland v European Parliament and Council of the European Union.#Action for annulment – Directive (EU) 2019/790 – Article 17(4), point (b), and point (c), in fine – Article 11 and Article 17(2) of the Charter of Fundamental Rights of the European Union – Freedom of expression and information – Protection of intellectual property – Obligations imposed on online content-sharing service providers – Prior automatic review (filtering) of content uploaded by users.#Case C-401/19.

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28372

Opinion of Advocate General Tanchev delivered on 15 July 2021.#European Commission v Freistaat Bayern and Others.#Appeal – State aid – Aid in favour of the German dairy sector – Financing of milk quality tests – Article 108(2) TFEU – Decision to initiate the formal investigation procedure – Regulation (EC) No 659/1999 – Article 6(1) – Obligation for the European Commission to summarise the relevant issues of fact and law in that decision – Scope – Rights of interested parties to be involved in the administrative procedure – Breach of an essential procedural requirement – Consequences for the lawfulness of the final decision.#Joined Cases C-167/19 P and C-171/19 P.

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28373

Case C-911/19: Judgment of the Court (Grand Chamber) of 15 July 2021 (request for a preliminary ruling from the Conseil d’État — France) — Fédération bancaire française (FBF) v Autorité de contrôle prudentiel et de résolution (ACPR) (Reference for a preliminary ruling — Articles 263 and 267 TFEU — EU act which is not legally binding — Judicial review — Guidelines issued by the European Banking Authority (EBA) — Product oversight and governance arrangements for retail banking products — Validity — Competence of the EBA)

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28374

Case C-851/19 P: Judgment of the Court (Second Chamber) of 15 July 2021 — DK v European External Action Service (Appeal — Civil service — Disciplinary proceedings — Disciplinary penalty — Determination of that penalty — Withholding of an amount from the pension — Criminal conviction and civil sanction before national courts — Compensation, in whole or in part, for non-material damage caused to the European Union — Lack of relevance of that compensation — Article 10 of the Staff Regulations of Officials of the European Union — Principle of equal treatment — Principle of proportionality)

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28375

Case C-848/19 P: Judgment of the Court (Grand Chamber) of 15 July 2021 — Federal Republic of Germany v Republic of Poland, European Commission, Republic of Latvia, Republic of Lithuania (Appeal — Article 194(1) TFEU — Principle of energy solidarity — Directive 2009/73/EC — Internal market in natural gas — Article 36(1) — Decision of the European Commission on review of the exemption of the OPAL pipeline from the requirements on third-party access and tariff regulation following a request by the German regulatory authority — Action for annulment)

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28376

Case C-795/19: Judgment of the Court (Second Chamber) of 15 July 2021 (request for a preliminary ruling from the Riigikohus — Estonia) — XX v Tartu Vangla (Reference for a preliminary ruling — Social policy — Equal treatment in employment and occupation — Directive 2000/78/EC — Prohibition of discrimination on grounds of disability — Article 2(2)(a) — Article 4(1) — Article 5 — National legislation laying down requirements in respect of the auditory acuity of prison officers — Failure to meet the standards of sound perception required — Absolute bar to remaining in employment)

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28377

Case C-791/19: Judgment of the Court (Grand Chamber) of 15 July 2021 — European Commission v Republic of Poland (Failure of a Member State to fulfil obligations — Disciplinary regime applicable to judges — Rule of law — Independence of judges — Effective legal protection in the fields covered by Union law — Second subparagraph of Article 19(1) TEU — Article 47 of the Charter of Fundamental Rights of the European Union — Disciplinary offences resulting from the content of judicial decisions — Independent disciplinary courts or tribunals established by law — Respect for reasonable time and the rights of the defence in disciplinary proceedings — Article 267 TFEU — Restriction of the right of national courts to submit requests for a preliminary ruling to the Court of Justice and of their obligation to do so)

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28378

Case C-758/19: Judgment of the Court (First Chamber) of 15 July 2021 (request for a preliminary ruling from the Polymeles Protodikeio Athinon — Greece) — OH v ID (Reference for a preliminary ruling — Articles 268, 270, 340 and 343 TFEU — Protocol (No 7) on the privileges and immunities of the European Union — Articles 11, 17 and 19 — Former member of the European Commission — Immunity from jurisdiction — Claim for non-contractual liability — Waiver of immunity — Jurisdiction of the Court of Justice of the European Union)

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28379

Case C-742/19: Judgment of the Court (Grand Chamber) of 15 July 2021 (request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije — Slovenia) — B.K. v Republika Slovenija (Ministrstvo za obrambo) (Reference for a preliminary ruling — Protection of the safety and health of workers — Organisation of working time — Members of the armed forces — Applicability of EU law — Article 4(2) TEU — Directive 2003/88/EC — Scope — Article 1(3) — Directive 89/391/EEC — Article 2(2) — Military activities — Concept of ‘working time’ — Stand-by period — Dispute concerning the remuneration of a worker)

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28380

Case C-535/19: Judgment of the Court (Grand Chamber) of 15 July 2021 (request for a preliminary ruling from the Augstākā tiesa (Senāts) — Latvia) — A (Reference for a preliminary ruling — Freedom of movement for persons — Citizenship of the Union — Regulation (EC) No 883/2004 — Article 3(1)(a) — Sickness benefits — Concept — Article 4 and Article 11(3)(e) — Directive 2004/38/EC — Article 7(1)(b) — Right of residence for more than three months — Condition of having comprehensive sickness insurance cover — Article 24 — Equal treatment — Economically inactive national of a Member State residing legally in the territory of another Member State — Refusal by the host Member State to affiliate that person to its public sickness insurance system)

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