Catalogue des documents juridiques (cjeu_case)

104 314 documents
10841

C-39/23, Keva and Others: Judgment of the Court (First Chamber) of 29 July 2024 (request for a preliminary ruling from the Högsta förvaltningsdomstolen – Sweden) – Keva, Landskapet Ålands pensionsfond, Kyrkans Centralfond v Skatteverket (Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Taxation of dividends received by pension funds governed by public law – Difference in treatment between resident and non-resident pension funds governed by public law – Exemption only of resident pension funds governed by public law – Comparability of situations – Whether justified – Need to safeguard the objective pursued by social policy – Need to preserve a balanced allocation of the power of taxation of the Member States)

cjeu_case ·
10842

Case C-14/23, Perle: Judgment of the Court (Fifth Chamber) of 29 July 2024 (request for a preliminary ruling from the Conseil d’État – Belgium) – XXX v État belge, represented by the secrétaire d’État à l’Asile et la Migration (Reference for a preliminary ruling – Immigration policy – Directive (EU) 2016/801 – Conditions of entry and residence of third-country nationals for the purposes of studies – Article 20(2)(f) – Application for admission to the territory of a Member State for the purposes of studies – Other purposes – Refusal of a visa – Grounds for rejection of the application – Failure to transpose – General principle that abusive practices are prohibited – Article 34(5) – Procedural autonomy of the Member States – Fundamental right to an effective judicial remedy – Article 47 of the Charter of Fundamental Rights of the European Union)

cjeu_case ·
10843

Judgment of the Court (Second Chamber) of 29 July 2024.#JX v FTI Touristik GmbH.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 18 – Jurisdiction over consumer contracts – Determination of the international and territorial jurisdiction of the courts of a Member State – International element – Travel in a third State.#Case C-774/22.

cjeu_case ·
10844

Judgment of the Court (Second Chamber) of 29 July 2024.#JX v FTI Touristik GmbH.#Request for a preliminary ruling from the Amtsgericht Nürnberg.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 18 – Jurisdiction over consumer contracts – Determination of the international and territorial jurisdiction of the courts of a Member State – International element – Travel in a third State.#Case C-774/22.

cjeu_case ·
10845

Judgment of the Court (Fourth Chamber) of 29 July 2024.#European Commission v Slovak Republic.#Failure of a Member State to fulfil obligations – Directive 2005/36/EC – Recognition of professional qualifications – Article 2(3) – Scope – Separate provisions of EU law directly governing the recognition of professional qualifications – Article 7(4) – Conditions for imposing an aptitude test prior to the first provision of services – Article 14(1) and (4) – Conditions for imposing compensatory measures – Article 35(3) – Conditions for issuing evidence of formal qualifications as a practitioner of specialised dentistry – Article 41(1)(c) – Conditions for the recognition of evidence of formal qualifications as a midwife – Article 42(2) – Activities to which midwives must at least be entitled to have access – Article 50 and Annex VII, point (1)(d) – Documents required from the home Member State for access to a regulated profession in the host Member State – Article 55(2) – Guidelines on the organisation and recognition of professional traineeships – Failure to transpose into national law.#Case C-773/22.

cjeu_case ·
10846

Judgment of the Court (Fourth Chamber) of 29 July 2024.#European Commission v Slovak Republic.#Failure of a Member State to fulfil obligations – Directive 2005/36/EC – Recognition of professional qualifications – Article 2(3) – Scope – Separate provisions of EU law directly governing the recognition of professional qualifications – Article 7(4) – Conditions for imposing an aptitude test prior to the first provision of services – Article 14(1) and (4) – Conditions for imposing compensatory measures – Article 35(3) – Conditions for issuing evidence of formal qualifications as a practitioner of specialised dentistry – Article 41(1)(c) – Conditions for the recognition of evidence of formal qualifications as a midwife – Article 42(2) – Activities to which midwives must at least be entitled to have access – Article 50 and Annex VII, point (1)(d) – Documents required from the home Member State for access to a regulated profession in the host Member State – Article 55(2) – Guidelines on the organisation and recognition of professional traineeships – Failure to transpose into national law.#Case C-773/22.

cjeu_case ·
10847

Judgment of the Court (Second Chamber) of 29 July 2024.#Bundesarbeitskammer and Others v HDI Global SE and MS Amlin Insurance SE.#Reference for a preliminary ruling – Directive (EU) 2015/2302 – Package travel and linked travel arrangements – Article 12 – Right to terminate a package travel contract – Entitlement to a full refund of any payments made for the package – Unavoidable and extraordinary circumstances – COVID-19 pandemic – Article 17 – Insolvency of the travel organiser – Security for the refund of all payments made – High level of consumer protection – Principle of equal treatment.#Joined Cases C-771/22 and C-45/23.

cjeu_case ·
10848

Judgment of the Court (Second Chamber) of 29 July 2024.#Bundesarbeitskammer and Others v HDI Global SE and MS Amlin Insurance SE.#Requests for a preliminary ruling from the Bezirksgericht für Handelssachen Wien and Nederlandstalige Ondernemingsrechtbank Brussel.#Reference for a preliminary ruling – Directive (EU) 2015/2302 – Package travel and linked travel arrangements – Article 12 – Right to terminate a package travel contract – Entitlement to a full refund of any payments made for the package – Unavoidable and extraordinary circumstances – COVID-19 pandemic – Article 17 – Insolvency of the travel organiser – Security for the refund of all payments made – High level of consumer protection – Principle of equal treatment.#Joined Cases C-771/22 and C-45/23.

cjeu_case ·
10850

Judgment of the Court (Grand Chamber) of 29 July 2024.#LivaNova plc v Ministero dell'Economia e delle Finanze and Others.#Reference for a preliminary ruling – Companies – Divisions of public limited liability companies – Directive 82/891/EEC – Article 3(3)(b) – Division by the formation of new companies – Concept of ‘liability … not allocated by the draft terms of division’ – Joint and several liability of those new companies for liabilities resulting from the conduct of the company being divided prior to that division.#Case C-713/22.

cjeu_case ·
10851

Judgment of the Court (Grand Chamber) of 29 July 2024.#LivaNova plc v Ministero dell'Economia e delle Finanze and Others.#Request for a preliminary ruling from the Corte suprema di cassazione.#Reference for a preliminary ruling – Companies – Divisions of public limited liability companies – Sixth Directive 82/891/EEC – Article 3(3)(b) – Division by the formation of new companies – Concept of ‘liability … not allocated by the draft terms of division’ – Joint and several liability of those new companies for liabilities resulting from the conduct of the company being divided prior to that division.#Case C-713/22.

cjeu_case ·
10852

Judgment of the Court (Fourth Chamber) of 29 July 2024.#Koiviston Auto Helsinki Oy, anciennement Helsingin Bussiliikenne Oy v European Commission.#Appeal – State aid – SA.33846 (2015/C) (ex 2014/NN) (ex 2011/CP) – Relevant issue post-dating the publication of the decision initiating the formal investigation procedure – Identification of the beneficiary of the aid – Obligation to publish an amending opening decision – Right of the beneficiary of the aid to submit comments – Essential procedural requirement – Incompatibility with the internal market – Recovery of the aid ordered by the European Commission – Amount to be recovered – Competence of the Member State concerned.#Case C-697/22 P.

cjeu_case ·
10853

Judgment of the Court (Fourth Chamber) of 29 July 2024.#Koiviston Auto Helsinki Oy v European Commission.#Appeal – State aid – SA.33846 (2015/C) (ex 2014/NN) (ex 2011/CP) – Relevant issue post-dating the publication of the decision initiating the formal investigation procedure – Identification of the beneficiary of the aid – Obligation to publish an amending opening decision – Right of the beneficiary of the aid to submit comments – Essential procedural requirement – Incompatibility with the internal market – Recovery of the aid ordered by the European Commission – Amount to be recovered – Competence of the Member State concerned.#Case C-697/22 P.

cjeu_case ·
10854

Judgment of the Court (Third Chamber) of 29 July 2024.#Société BP France v Ministre de l’Économie, des Finances et de la Souveraineté industrielle et numérique.#Reference for a preliminary ruling – Promotion of the use of energy from renewable sources – Directive 2009/28/EC – Articles 17 and 18 – Directive 2018/2001/EC – Articles 25, 29 and 30 – Sustainability and greenhouse gas emissions saving criteria – Verification of compliance with those criteria – Biofuels used for transport – Production of fuels using the co-processing procedure – Evidence of compliance with those sustainability criteria – Mass balance method – Methods for evaluating the content of hydrotreated vegetable oils (HVO) in fuels produced using that procedure – Member State’s legislation requiring a physical carbon-14 analysis – Article 34 TFEU – Free movement of goods.#Case C-624/22.

cjeu_case ·
10855

Judgment of the Court (Third Chamber) of 29 July 2024.#BP France SAS v Ministre de l’Économie, des Finances et de la Souveraineté industrielle et numérique.#Request for a preliminary ruling from the Conseil d'état (France).#Reference for a preliminary ruling – Promotion of the use of energy from renewable sources – Directive 2009/28/EC – Articles 17 and 18 – Directive 2018/2001/EC – Articles 25, 29 and 30 – Sustainability and greenhouse gas emissions saving criteria – Verification of compliance with those criteria – Biofuels used for transport – Production of fuels using the co-processing procedure – Evidence of compliance with those sustainability criteria – Mass balance method – Methods for evaluating the content of hydrotreated vegetable oils (HVO) in fuels produced using that procedure – Member State’s legislation requiring a physical carbon-14 analysis – Article 34 TFEU – Free movement of goods.#Case C-624/22.

cjeu_case ·
10856

Judgment of the Court (Second Chamber) of 29 July 2024.#Belgian Association of Tax Lawyers and Others v Premier ministre/ Eerste Minister.#Reference for a preliminary ruling – Administrative cooperation in the field of taxation – Mandatory automatic exchange of information in relation to reportable cross-border arrangements – Directive 2011/16/EU, as amended by Directive (EU) 2018/822 – Article 8ab(1) – Reporting obligation – Article 8ab(5) – Subsidiary obligation to notify – Legal professional privilege – Validity – Articles 7, 20 and 21, and Article 49(1) of the Charter of Fundamental Rights of the European Union – Right to respect for private life – Principles of equal treatment and non-discrimination – Principle of legality in criminal proceedings – Principle of legal certainty.#Case C-623/22.

cjeu_case ·
10857

Judgment of the Court (Second Chamber) of 29 July 2024.#Belgian Association of Tax Lawyers and Others v Premier ministre/ Eerste Minister.#Request for a preliminary ruling from the Cour constitutionnelle (Belgium).#Reference for a preliminary ruling – Administrative cooperation in the field of taxation – Mandatory automatic exchange of information in relation to reportable cross-border arrangements – Directive 2011/16/EU, as amended by Directive (EU) 2018/822 – Article 8ab(1) – Reporting obligation – 8ab(5) – Subsidiary obligation to notify – Legal professional privilege – Validity – Articles 7, 20 and 21, and Article 49(1) of the Charter of Fundamental Rights of the European Union – Right to respect for private life – Principles of equal treatment and non-discrimination – Principle of legality in criminal proceedings – Principle of legal certainty.#Case C-623/22.

cjeu_case ·
10858

Judgment of the Court (First Chamber) of 29 July 2024.#Asociación para la Conservación y Estudio del Lobo Ibérico (ASCEL) v Administración de la Comunidad de Castilla y León.#Reference for a preliminary ruling – Conservation of natural habitats and of wild fauna and flora – Directive 92/43/EEC – Articles 2, 4, 11, 12, 14, 16 and 17 – System of strict protection for animal species – Canis lupus (wolf) – Cynegetic exploitation – Assessment of the conservation status of populations of the species concerned – Conservation status of that species ‘unfavourable-poor’ – Exploitation incompatible with the maintenance or restoration of the species at a favourable conservation status – Taking into account of all the most recent scientific data.#Case C-436/22.

cjeu_case ·
10859

Judgment of the Court (First Chamber) of 29 July 2024.#Asociación para la Conservación y Estudio del Lobo Ibérico (ASCEL) v Administración de la Comunidad de Castilla y León.#Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla y León.#Reference for a preliminary ruling – Conservation of natural habitats and of wild fauna and flora – Directive 92/43/EEC – Articles 2, 4, 11, 12, 14, 16 and 17 – System of strict protection for animal species – Canis lupus (wolf) – Cynegetic exploitation – Assessment of the conservation status of populations of the species concerned – Conservation status of that species ‘unfavourable-poor’ – Exploitation incompatible with the maintenance or restoration of the species at a favourable conservation status – Taking into account of all the most recent scientific data.#Case C-436/22.

cjeu_case ·
10860

Judgment of the Court (Fifth Chamber) of 29 July 2024.#Banco BPN/BIC Português, SA and Others v Autoridade da Concorrência.#Reference for a preliminary ruling – Competition – Agreements, decisions and concerted practices – Adverse effect on competition – Prohibition of restrictive practices – Article 101 TFEU – Agreements between undertakings – Restriction of competition by object – Exchanges of information between credit institutions – Information concerning commercial conditions and production values – Strategic information.#Case C-298/22.

cjeu_case ·