Catalogue des documents juridiques (cjeu_case)

104 314 documents
7844

Judgment of the Court (Sixth Chamber) of 6 February 2025.#Emporiki Serron AE – Emporias kai Diathesis Agrotikon Proionton v Ypourgos Anaptyxis kai Ependyseon and Ypourgos Agrotikis Anaptyxis kai Trofimon.#Reference for a preliminary ruling – Protection of the European Union’s financial interests – Regulation (EC, Euratom) No 2988/95 – Irregularities – Article 3 – Limitation period – Duration and starting point of that period – National legislation providing for a five-year limitation period as from the time the irregularity is discovered.#Case C-42/24.

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7845

Judgment of the Court (Sixth Chamber) of 6 February 2025.#Emporiki Serron AE – Emporias kai Diathesis Agrotikon Proionton v Ypourgos Anaptyxis kai Ependyseon and Ypourgos Agrotikis Anaptyxis kai Trofimon.#Request for a preliminary ruling from the Symvoulio tis Epikrateias.#Reference for a preliminary ruling – Protection of the European Union’s financial interests – Regulation (EC, Euratom) No 2988/95 – Irregularities – Article 3 – Limitation period – Duration and starting point of that period – National legislation providing for a five-year limitation period as from the time the irregularity is discovered.#Case C-42/24.

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7846

Opinion of Advocate General Campos Sánchez-Bordona delivered on 6 February 2025.#Miejskie Przedsiębiorstwo Wodociągów i Kanalizacji w m.st. Warszawie S.A. v Veolia Water Technologies sp. z o.o. and Others.#Request for a preliminary ruling from the Sąd Okręgowy w Warszawie.#Reference for a preliminary ruling – Public procurement – Directives 2004/17/EC and 2004/18/EC – Principle of equal treatment – Obligation of transparency – Public works contract – Applicability by analogy to a public works contract, pursuant to a judicial interpretation, of rules on guarantees in respect of contracts for sale.#Case C-82/24.

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7847

Opinion of Advocate General Biondi delivered on 6 February 2025.#CeramTec GmbH v Coorstek Bioceramics LLC.#Request for a preliminary ruling from the Cour de cassation.#Reference for a preliminary ruling – EU trade mark – Regulation (EC) No 207/2009 – Absolute grounds for invalidity – Article 52(1)(a) and (b) – Article 7(1)(e)(ii) – Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result – Bad faith of the applicant – Autonomy and coexistence of the absolute grounds for invalidity – Criteria relevant to determining whether an applicant is acting in bad faith when filing an application for a trade mark – Matters arising after that application is filed.#Case C-17/24.

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7849

Case C-42/24, Emporiki Serron – Emporias kai Diathesis Agrotikon Proionton: Judgment of the Court (Sixth Chamber) of 6 February 2025 (request for a preliminary ruling from the Symvoulio tis Epikrateias – Greece) – Emporiki Serron AE – Emporias kai Diathesis Agrotikon Proionton v Ypourgos Anaptyxis kai Ependyseon, Ypourgos Agrotikis Anaptyxis kai Trofimon (Reference for a preliminary ruling – Protection of the European Union’s financial interests – Regulation (EC, Euratom) No 2988/95 – Irregularities – Article 3 – Limitation period – Duration and starting point of that period – National legislation providing for a five-year limitation period as from the time the irregularity is discovered)

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7850

Opinion of Advocate General Kokott delivered on 6 February 2025.#OÜ Voore Mets and AS Lemeks Põlva v Keskkonnaamet.#Request for a preliminary ruling from the Riigikohus.#Reference for a preliminary ruling – Environment – Directive 2009/147/EC – Conservation of wild birds – Article 5 – Prohibitions to ensure the protection of birds – Article 9 – Derogations – Articles 16 and 17 of the Charter of Fundamental Rights of the European Union – Prohibition on felling trees during the period of bird breeding and rearing.#Case C-784/23.

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7851

Opinion of Advocate General Medina delivered on 6 February 2025.#FO v Ypourgos Metanastefsis kai Asylou.#Request for a preliminary ruling from the Dioikitiko Protodikeio Thessalonikis.#Reference for a preliminary ruling – Asylum policy – International protection – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Article 46 – Charter of Fundamental Rights of the European Union – Article 47 – Right to an effective remedy – Requirement of full and ex nunc examination of the appeal – Obligation to appear in person before the authority examining the appeal – Presumption that an appeal has been improperly brought – Dismissal of the appeal as manifestly unfounded without examination of the merits – Principle of proportionality.#Case C-610/23.

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7852

Opinion of Advocate General Rantos delivered on 6 February 2025.#Tiberis Holding Srl v Gestore dei servizi energetici (GSE) SpA and Others.#Request for a preliminary ruling from the Consiglio di Stato.#Reference for a preliminary ruling – Environment – Promotion of the use of energy from renewable sources – Directive 2009/28/EC – Article 3 – Directive (EU) 2018/2001 – Article 4 – National incentives for the production of energy from renewable sources – Aid scheme – State aid – Article 108 TFEU – Exclusive competence of the European Commission to rule on the compatibility of aid measures with the internal market – Commission decision finding such an aid scheme compatible with the internal market – Action brought before a national court by a beneficiary of aid under that scheme challenging a modality of that scheme which is inextricably linked to its functioning – Inadmissibility, in the context of that action, of a request for a preliminary ruling concerning the interpretation of those provisions of those directives.#Case C-514/23.

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7853

Opinion of Advocate General Szpunar delivered on 6 February 2025.#European Commission v Hungary.#Failure of a Member State to fulfil obligations – Free movement of goods – Article 35 TFEU – Quantitative restrictions on exports – Measures having equivalent effect – Construction materials – Obligation to notify exports – State’s right of pre-emption – Article 36 TFEU – Justification – Public security – Supply of construction materials for critical infrastructure – Control of exports to third countries – Exclusive competence of the Union – Common commercial policy – Regulation (EU) 2015/479 – Common rules for exports – Directive (EU) 2015/1535 – Information procedure in the field of technical regulations and of rules on Information Society services.#Case C-499/23.

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7854

Opinion of Advocate General Szpunar delivered on 6 February 2025.#X v Russmedia Digital SRL and Inform Media Press SRL.#Request for a preliminary ruling from the Curtea de Apel Cluj.#Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 4(7) – Concept of ‘controller’ – Responsibility of the operator of an online marketplace for the publication of personal data contained in advertisements placed on its online marketplace by user advertisers – Article 5(2) – Principle of accountability – Article 26 – Joint control with user advertisers – Article 9(1) and (2)(a) – Advertisements containing sensitive data – Lawfulness of processing – Consent – Articles 24, 25 and 32 – Obligations of the controller – Prior identification of the advertisements containing such data – Prior identification of the identity of the user advertiser – Refusal of publication of unlawful advertisements – Security measures such as to prevent the copying of advertisements and their publication on other websites – Electronic commerce – Directive 2000/31/EC – Articles 12 to 15 – Possibility for such an operator, with regard to an infringement of those obligations, to rely on the exemption from liability of an intermediary information society service provider.#Case C-492/23.

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7856

Opinion of Advocate General Spielmann delivered on 6 February 2025.#European Data Protection Supervisor v Single Resolution Board.#Appeal – Protection of natural persons with regard to the processing of personal data – Procedure for granting compensation to shareholders and creditors of a banking institution following the resolution of that institution – Decision of the European Data Protection Supervisor finding that the Single Resolution Board failed to fulfil its obligations relating to the processing of personal data – Regulation (EU) 2018/1725 – Article 15(1)(d) – Obligation to inform the data subject – Transmission of pseudonymised data to a third party – Article 3(1) – Concept of ‘personal data’ – Article 3(6) – Concept of ‘pseudonymisation’.#Case C-413/23 P.

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7857

Opinion of Advocate General Ćapeta delivered on 6 February 2025.#French Republic v European Commission.#Appeal – Environment and protection of human health – Regulation (EC) No 1272/2008 – Classification, labelling and packaging of substances and mixtures – Delegated Regulation (EU) 2020/217 – Classification of titanium dioxide in powder form containing 1% or more of particles of a diameter equal to or below 10 μm – Criteria for classification of a substance as carcinogenic – Reliability and acceptability of scientific studies – Calculation of lung overload in particles – ‘Decisive’ nature of a scientific study – Distortion of the evidence – Error of law – Choice of calculation parameters – Particle density – Scientific assessment – Exceeding the limits of judicial review – Concept of ‘intrinsic properties’ – Grounds included for the sake of completeness.#Case C-71/23 P.

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7858

Judgment of the Court (Third Chamber) of 6 February 2025.#Przedsiębiorstwo Produkcyjno - Handlowo - Usługowe A. v P. S.A.#Reference for a preliminary ruling – Combating late payment in commercial transactions – Directive 2011/7/EU – Commercial transactions between undertakings – Article 3(5) – Obligation on Member States to ensure that the period for payment set in the contract concluded between undertakings does not exceed 60 calendar days – Possibility, for contracting parties, to set a longer period for payment – Condition for the express agreement in the contract of such a period – Condition that a contractual term is not grossly unfair to the creditor – Cumulative conditions – Contracts in which the terms are determined unilaterally by one of the parties – Contractual term by which the debtor unilaterally sets the period for payment of 120 days – Unlawfulness.#Case C-677/22.

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7859

Judgment of the Court (Third Chamber) of 6 February 2025.#Przedsiębiorstwo Produkcyjno - Handlowo - Usługowe A. v P. S.A.#Request for a preliminary ruling from the Sąd Rejonowy Katowice – Wschód w Katowicach.#Reference for a preliminary ruling – Combating late payment in commercial transactions – Directive 2011/7/EU – Commercial transactions between undertakings – Article 3(5) – Obligation on Member States to ensure that the period for payment set in the contract concluded between undertakings does not exceed 60 calendar days – Possibility, for contracting parties, to set a longer period for payment – Condition for the express agreement in the contract of such a period – Condition that a contractual term is not grossly unfair to the creditor – Cumulative conditions – Contracts in which the terms are determined unilaterally by one of the parties – Contractual term by which the debtor unilaterally sets the period for payment of 120 days – Unlawfulness.#Case C-677/22.

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7860

Case C-677/22, Przedsiębiorstwo A. (Period for payment of 120 days set by the debtor): Judgment of the Court (Third Chamber) of 6 February 2025 (request for a preliminary ruling from the Sąd Rejonowy Katowice – Wschód w Katowicach – Poland) – Przedsiębiorstwo Produkcyjno – Handlowo – Usługowe A. v P. S.A. (Reference for a preliminary ruling – Combating late payment in commercial transactions – Directive 2011/7/EU – Commercial transactions between undertakings – Article 3(5) – Obligation on Member States to ensure that the period for payment set in the contract concluded between undertakings does not exceed 60 calendar days – Possibility, for contracting parties, to set a longer period for payment – Condition for the express agreement in the contract of such a period – Condition that a contractual term is not grossly unfair to the creditor – Cumulative conditions – Contracts in which the terms are determined unilaterally by one of the parties – Contractual term by which the debtor unilaterally sets the period for payment of 120 days – Unlawfulness)

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