9841Judgment of the Court (Seventh Chamber) of 4 October 2024.#GF v Schauinsland-Reisen GmbH.#Request for a preliminary ruling from the Oberster Gerichtshof.#Reference for a preliminary ruling – Package travel and linked travel arrangements – Directive (EU) 2015/2302 – Article 12(3) – Termination of a package travel contract by the organiser – Unavoidable and extraordinary circumstances – Performance of the trip prevented as a result of such circumstances – Official recommendation advising against travel to the destination country due to the spread of COVID-19.#Case C-546/22.cjeu_case · 4 octobre 2024
9842Judgment of the Court (First Chamber) of 4 October 2024.#Araceli García Fernández and Others v European Commission and Single Resolution Board.#Appeal – Economic and monetary policy – Banking Union – Regulation (EU) No 806/2014 – Single Resolution Mechanism for credit institutions and certain investment firms – Resolution procedure applicable where an entity is failing or is likely to fail – Adoption of a resolution scheme in respect of Banco Popular Español SA – Article 14 – Resolution objectives – Article 18(1) – Conditions for the adoption of a resolution scheme – Obligations of the Single Resolution Board (SRB) and of the European Commission – Article 20 – Valuations for the purposes of resolution – Requirements – Articles 88 to 91 – Obligation of confidentiality – Right of access to the file – Statements to the press.#Case C-541/22 P.cjeu_case · 4 octobre 2024
9843Judgment of the Court (First Chamber) of 4 October 2024.#Araceli García Fernández and Others v European Commission and Single Resolution Board.#Appeal – Economic and monetary policy – Banking union – Regulation (EU) No 806/2014 – Single Resolution Mechanism for credit institutions and certain investment firms – Resolution procedure applicable where an entity is failing or is likely to fail – Adoption of a resolution scheme in respect of Banco Popular Español SA – Article 14 – Resolution objectives – Article 18(1) – Conditions for the adoption of a resolution scheme – Obligations of the Single Resolution Board (SRB) and of the European Commission – Article 20 – Valuations for the purposes of resolution – Requirements – Articles 88 to 91 – Obligation of confidentiality – Right of access to the file – Statements to the press.#Case C-541/22 P.cjeu_case · 4 octobre 2024
9844Judgment of the Court (First Chamber) of 4 October 2024.#Aeris Invest Sàrl v European Commission and Single Resolution Board.#Appeal – Economic and monetary policy – Banking Union – Regulation (EU) No 806/2014 – Single Resolution Mechanism for credit institutions and certain investment firms – Resolution procedure applicable where an entity is failing or is likely to fail – Adoption of a resolution scheme in respect of Banco Popular Español SA – Article 18(1) – Conditions for the adoption of a resolution scheme – Obligations of the Single Resolution Board (SRB) – Duty of diligence – Obligation to state reasons – Article 88 – Obligation of confidentiality – Article 14 – Resolution objectives – Sale of business of the entity concerned – Conditions of sale under which an offer may be accepted – Charter of Fundamental Rights of the European Union – Article 17 – Shareholders’ right to property – Validity of Regulation No 806/2014.#Case C-535/22 P.cjeu_case · 4 octobre 2024
9845Judgment of the Court (First Chamber) of 4 October 2024.#Aeris Invest Sàrl v European Commission and Single Resolution Board (SRB).#Appeal – Economic and monetary policy – Banking Union – Regulation (EU) No 806/2014 – Single Resolution Mechanism for credit institutions and certain investment firms – Resolution procedure applicable where an entity is failing or is likely to fail – Adoption of a resolution scheme in respect of Banco Popular Español SA – Article 18(1) – Conditions for the adoption of a resolution scheme – Obligations of the Single Resolution Board (SRB) – Duty of care – Obligation to state reasons – Article 88 – Obligation of confidentiality – Article 14 – Resolution objectives – Sale of business of the entity concerned – Conditions of sale under which an offer may be accepted – Charter of Fundamental Rights of the European Union – Article 17 – Shareholders’ right to property – Validity of Regulation No 806/2014.#Case C-535/22 P.cjeu_case · 4 octobre 2024
9846Judgment of the Court (Ninth Chamber) of 4 October 2024.#Autoridade Tributária e Aduaneira v NT.#Reference for a preliminary ruling – Dumping – Importation of certain iron or steel fasteners originating in the People’s Republic of China – Imports of certain iron or steel fasteners consigned from Malaysia – Implementing Regulation (EU) 2016/278 – Repeal of the anti-dumping duties imposed by Regulation (EC) No 91/2009 – Entry into effect of that appeal – Imports prior to that entry into effect – Post-clearance recovery of ant-dumping duties.#Case C-412/22.cjeu_case · 4 octobre 2024
9847Judgment of the Court (Ninth Chamber) of 4 October 2024.#Autoridade Tributária e Aduaneira v NT.#Request for a preliminary ruling from the Supremo Tribunal Administrativo.#Reference for a preliminary ruling – Dumping – Importation of certain iron or steel fasteners originating in the People’s Republic of China – Imports of certain iron or steel fasteners consigned from Malaysia – Implementing Regulation (EU) 2016/278 – Repeal of the anti-dumping duties imposed by Regulation (EC) No 91/2009 – Entry into effect of that appeal – Imports prior to that entry into effect – Post-clearance recovery of anti-dumping duties.#Case C-412/22.cjeu_case · 4 octobre 2024
9848Judgment of the Court (Grand Chamber) of 4 October 2024.#CV v Ministerstvo vnitra České republiky, Odbor azylové a migrační politiky.#Reference for a preliminary ruling – Asylum policy – International protection – Directive 2013/32/EU – Common procedures for granting and withdrawing international protection – Articles 36 and 37 – Concept of ‘safe country of origin’ – Designation – Annex I – Criteria – Article 46 – Right to an effective remedy – Examination by the court of the designation of a third country as a safe country of origin.#Case C-406/22.cjeu_case · 4 octobre 2024
9849Judgment of the Court (Grand Chamber) of 4 October 2024.#CV v Ministerstvo vnitra České republiky, Odbor azylové a migrační politiky.#Request for a preliminary ruling from the Krajský soud v Brně.#Reference for a preliminary ruling – Asylum policy – International protection – Directive 2013/32/EU – Common procedures for granting and withdrawing international protection – Articles 36 and 37 – Concept of ‘safe country of origin’ – Designation – Annex I – Criteria – Article 46 – Right to an effective remedy – Examination by the court of the designation of a third country as a safe country of origin.#Case C-406/22.cjeu_case · 4 octobre 2024
9850Judgment of the Court (Grand Chamber) of 4 October 2024.#Confédération paysanne v Ministre de l’Agriculture et de la Souveraineté alimentaire and Ministre de l'Économie, des Finances et de la Souveraineté industrielle et numérique.#Reference for a preliminary ruling – Common commercial policy – International agreements – Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part – Amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement – Regulation (EU) No 1169/2011 – Article 9 – Article 26(2) – Implementing Regulation (EU) No 543/2011 – Article 3(1) and (2) – Article 5(1) and (2) – Article 8 – Article 15(1) and (4) – Annex I – Annex IV – Regulation (EU) No 1308/2013 – Article 76 – Provision of food information to consumers – Mandatory indication of the country of origin or place of provenance of foods – Fruit and vegetables harvested in Western Sahara – Request for a Member State unilaterally to ban imports of those goods in its territory – Mandatory indication of Western Sahara as the place of provenance of tomatoes and melons harvested in that territory.#Case C-399/22.cjeu_case · 4 octobre 2024
9851Judgment of the Court (Grand Chamber) of 4 October 2024.#Confédération paysanne v Ministre de l’Agriculture et de la Souveraineté alimentaire and Ministre de l'Économie, des Finances et de la Souveraineté industrielle et numérique.#Request for a preliminary ruling from the Conseil d'État.#Reference for a preliminary ruling – Common commercial policy – International agreements – Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part – Amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement – Regulation (EU) No 1169/2011 – Article 9 – Article 26(2) – Implementing Regulation (EU) No 543/2011 – Article 3(1) and (2) – Article 5(1) and (2) – Article 8 – Article 15(1) and (4) – Annex I – Annex IV – Regulation (EU) No 1308/2013 – Article 76 – Provision of food information to consumers – Mandatory indication of the country of origin or place of provenance of foods – Fruit and vegetables harvested in Western Sahara – Request for a Member State unilaterally to ban imports of those goods in its territory – Mandatory indication of Western Sahara as the place of provenance of tomatoes and melons harvested in that territory.#Case C-399/22.cjeu_case · 4 octobre 2024
9852Judgment of the Court (Eighth Chamber) of 4 October 2024.#Mylan IRE Healthcare Ltd v European Commission.#Appeal – Regulation (EC) No 141/2000 – Orphan medicinal products – Articles 3 and 8 – Concept of ‘significant benefit’ – Concept of ‘clinical superiority’ – Regulation (EC) No 847/2000 – Article 3 – Marketing authorisation for the medicinal product for human use Tobramycin VVB – Period of market exclusivity of Tobi Podhaler, containing the active substance tobramycin – Derogation from that market exclusivity.#Case C-237/22 P.cjeu_case · 4 octobre 2024
9853Judgment of the Court (Eighth Chamber) of 4 October 2024.#Mylan IRE Healthcare Ltd v European Commission.#Appeal – Regulation (EC) No 141/2000 – Orphan medicinal products – Articles 3 and 8 – Concept of ‘significant benefit’ – Concept of ‘clinical superiority’ – Regulation (EC) No 847/2000 – Article 3 – Marketing authorisation for the medicinal product for human use Tobramycin VVB – Period of market exclusivity of Tobi Podhaler, containing the active substance tobramycin – Derogation from that market exclusivity.#Case C-237/22 P.cjeu_case · 4 octobre 2024
9854Case C-793/22, Biohemp Concept: Judgment of the Court (Fourth Chamber) of 4 October 2024 (request for a preliminary ruling from the Curtea de Apel Alba Iulia – Romania) – Biohemp Concept SRL v Direcţia pentru Agricultură Judeţeană Alba (Reference for a preliminary ruling – Common agricultural policy – Regulation (EU) No 1305/2013 – Regulation (EU) No 1307/2013 – Regulation (EU) No 1308/2013 – Cultivation of hemp (Cannabis sativa) – Refusal to issue a permit for the cultivation of hemp using hydroponic systems in an indoor environment)cjeu_case · 4 octobre 2024
9855Joined Cases C-767/22, C-49/23 and C-161/23, 1Dream and Others: Judgment of the Court (First Chamber) of 4 October 2024 (requests for a preliminary ruling from the Latvijas Republikas Satversmes tiesa – Latvia) – 1Dream OÜ and Others (Reference for a preliminary ruling – Judicial cooperation in criminal matters – Confiscation of crime-related proceeds, instrumentalities and property – Framework Decision 2005/212/JHA – Directive 2014/42/EU – Scope – National criminal proceedings capable of leading to the confiscation of illegally obtained assets – No finding of a criminal offence – Confiscation without conviction – Reasons other than illness or absconding)cjeu_case · 4 octobre 2024
9856Case C-727/22, Friends of the Irish Environment (Project Ireland 2040): Judgment of the Court (Second Chamber) of 4 October 2024 (request for a preliminary ruling from the Supreme Court – Ireland) – Friends of the Irish Environment CLG v Government of Ireland, Minister for Housing, Planning and Local Government, Ireland, Attorney General (Reference for a preliminary ruling – Environment – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Article 2(a) – Concept of plans and programmes … which are required by legislative, regulatory or administrative provisions – Measure adopted by the government of a Member State solely on the basis of a provision of the Constitution of that Member State providing that the executive power of the State is to be exercised by or on the authority of that government)cjeu_case · 4 octobre 2024
9857Case C-721/22 P: Judgment of the Court (Third Chamber) of 4 October 2024 – European Commission v PB, Council of the European Union (Appeal – Public service contracts – Irregularities in the procedure for the award of contracts – Regulation (EC) No 2988/95 – Articles 4, 5 and 7 – Decision for the recovery of amounts wrongly paid – Debit notes – Distinction between administrative measures and administrative penalties – Possibility of adopting an administrative measure in the absence of a sectoral rule – Recovery decision based on Regulation No 2988/95 and Regulation (EC, Euratom) No 1605/2002 – Regulation No 1605/2002 – Article 103 – Possibility of recovery from the director of the economic operator benefiting from European Union funds)cjeu_case · 4 octobre 2024
9858Case C-650/22, FIFA: Judgment of the Court (Second Chamber) of 4 October 2024 (request for a preliminary ruling from the Cour d’appel de Mons – Belgium) – Fédération internationale de football association (FIFA) v BZ (Reference for a preliminary ruling – Internal market – Competition – Rules introduced by an international sports association and implemented by that association with the assistance of its members – Professional football – Private law entities vested with regulatory and control powers, and the power to impose sanctions – Regulations on the Status and Transfer of Players – Regulations relating to the employment contracts concluded between clubs and players – Early termination of an employment contract by the player – Player required to pay compensation – Joint and several liability of the new club – Sanctions – Prohibition on issuing and registering the player’s International Transfer Certificate while a dispute relating to the early termination of the employment contract is pending – Prohibition of registration of other players – Article 45 TFEU – Restriction on the freedom of movement of workers – Justification – Article 101 TFEU – Decision by an association of undertakings having as its object the prevention or restriction of competition – Employment market – Recruitment of players by clubs – Market for interclub football competitions – Participation of clubs and players in sporting competitions – Restriction of competition by object – Exemption)cjeu_case · 4 octobre 2024
9859Case C-633/22, Real Madrid Club de Fútbol: Judgment of the Court (Grand Chamber) of 4 October 2024 (request for a preliminary ruling from the Cour de cassation – France) – Real Madrid Club de Fútbol, AE v EE, Société Éditrice du Monde SA (Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EC) No 44/2001 – Articles 34 and 45 – Recognition and enforcement of judgments – Revocation of a declaration of enforceability of judgments – Grounds for refusal – Public policy in the State in which recognition is sought – Penalty imposed on a newspaper and one of its journalists for harm caused to the reputation of a sports club – Damages – Article 11 of the Charter of Fundamental Rights of the European Union – Freedom of the press)cjeu_case · 4 octobre 2024
9860Case C-621/22, Koninklijke Nederlandse Lawn Tennisbond: Judgment of the Court (Ninth Chamber) of 4 October 2024 (request for a preliminary ruling from the rechtbank Amsterdam – Netherlands) – Koninklijke Nederlandse Lawn Tennisbond v Autoriteit Persoonsgegevens (Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 5(1)(a) – Lawfulness of processing – Point (f) of the first subparagraph of Article 6(1) – Necessity of processing for the purposes of the legitimate interests pursued by the controller or by a third party – Concept of legitimate interests – Commercial interest – Sports federation – Disclosure, for consideration, of the personal data of the members of a sports federation to sponsors without the consent of those members)cjeu_case · 4 octobre 2024