10861Judgment of the Court (Fifth Chamber) of 29 July 2024.#Banco BPN/BIC Português SA and Others v Autoridade da Concorrência.#Request for a preliminary ruling from the Tribunal da Concorrência, Regulação e Supervisão.#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 · 29 juillet 2024
10862Judgment of the Court (First Chamber) of 29 July 2024.#IK and CM v KfH Kuratorium für Dialyse und Nierentransplantation e.V.#Reference for a preliminary ruling – Social policy – Article 157 TFEU – Equal treatment between men and women in matters of employment and occupation – Directive 2006/54/EC – Article 2(1)(b) and Article 4, first paragraph – Prohibition of indirect discrimination on grounds of sex – Part-time work – Directive 97/81/EC – Framework Agreement on part-time work – Clause 4 – Prohibition on treating part-time workers less favourably than comparable full-time workers – Payment of additional pay only for overtime worked by part-time workers in excess of the normal working hours set for full-time workers.#Joined Cases C-184/22 and C-185/22.cjeu_case · 29 juillet 2024
10863Judgment of the Court (First Chamber) of 29 July 2024.#IK and CM v KfH Kuratorium für Dialyse und Nierentransplantation e.V.#Requests for a preliminary ruling from the Bundesarbeitsgericht.#Reference for a preliminary ruling – Social policy – Article 157 TFEU – Equal treatment between men and women in matters of employment and occupation – Directive 2006/54/EC – Article 2(1)(b) and Article 4, first paragraph – Prohibition of indirect discrimination on grounds of sex – Part-time work – Directive 97/81/EC – Framework Agreement on part-time work – Clause 4 – Prohibition on treating part-time workers less favourably than comparable full-time workers – Payment of additional pay only for overtime worked by part-time workers in excess of the normal working hours set for full-time workers.#Joined Cases C-184/22 and C-185/22.cjeu_case · 29 juillet 2024
10864Judgment of the Court (Grand Chamber) of 29 July 2024.#Criminal proceedings against Procura della Repubblica Tribunale di Napoli and Others.#Reference for a preliminary ruling – Status of third-country nationals who are long-term residents – Directive 2003/109/EC – Article 11(1)(d) – Equal treatment – Social security, social assistance and social protection measures – Residency condition of 10 years, the final 2 years of which must be consecutive – Indirect discrimination.#Joined Cases C-112/22 and C-223/22.cjeu_case · 29 juillet 2024
10865Judgment of the Court (Grand Chamber) of 29 July 2024.#Criminal proceedings against CU and ND.#Requests for a preliminary ruling from the Tribunale di Napoli.#Reference for a preliminary ruling – Status of third-country nationals who are long-term residents – Directive 2003/109/EC – Article 11(1)(d) – Equal treatment – Social security, social assistance and social protection measures – Residency condition of 10 years, the final 2 years of which must be consecutive – Indirect discrimination.#Joined Cases C-112/22 and C-223/22.cjeu_case · 29 juillet 2024
10866Case C-774/22, FTI Touristik (International element): Judgment of the Court (Second Chamber) of 29 July 2024 (request for a preliminary ruling from the Amtsgericht Nürnberg – Germany) – 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)cjeu_case · 29 juillet 2024
10867Case C-773/22: 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)cjeu_case · 29 juillet 2024
10868Joined Cases C-771/22 and C-45/23, HDI Global and MS Amlin Insurance: Judgment of the Court (Second Chamber) of 29 July 2024 (requests for a preliminary ruling from the Bezirksgericht für Handelssachen Wien and the Nederlandstalige Ondernemingsrechtbank Brussel – Austria, Belgium) – Bundesarbeitskammer (C-771/22), A, B, C, D (C-45/23) v HDI Global SE (C-771/22), MS Amlin Insurance SE (C-45/23) (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)cjeu_case · 29 juillet 2024
10869Case C-768/22: Judgment of the Court (Ninth Chamber) of 29 July 2024 – European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations – Directive 2005/36/EC – Recognition of professional qualifications – Formal architectural qualifications – Article 49(1) – Acquired rights – Civil engineers authorised to carry out architectural design projects – Article 59(3) – Requirements restricting access to or the pursuit of a profession – Articles 45, 49 and 56 TFEU – Obstacle to the free movement of workers, freedom of establishment and freedom of services)cjeu_case · 29 juillet 2024
10870Case C-713/22, LivaNova: Judgment of the Court (Grand Chamber) of 29 July 2024 (request for a preliminary ruling from the Corte suprema di cassazione – Italy) – LivaNova plc v Ministero dell’Economia e delle Finanze, Ministero dell’Ambiente e della Tutela del Territorio e del Mare, Presidenza dei Consiglio dei Ministri (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)cjeu_case · 29 juillet 2024
10871Case C-697/22 P: Judgment of the Court (Fourth Chamber) of 29 July 2024 – Koiviston Auto Helsinki Oy, formerly Helsingin Bussiliikenne Oy v European Commission, Republic of Finland, Nobina Oy, Nobina AB (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)cjeu_case · 29 juillet 2024
10872Case C-624/22, BP France: Judgment of the Court (Third Chamber) of 29 July 2024 (request for a preliminary ruling from the Conseil d’État – France) – BP France SAS 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 – 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)cjeu_case · 29 juillet 2024
10873Case C-623/22, Belgian Association of Tax Lawyers and Others: Judgment of the Court (Second Chamber) of 29 July 2024 (request for a preliminary ruling from the Cour constitutionnelle – Belgium) – 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 – 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)cjeu_case · 29 juillet 2024
10874Case C-436/22, ASCEL: Judgment of the Court (First Chamber) of 29 July 2024 (request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla y León – Spain) – 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)cjeu_case · 29 juillet 2024
10875Case C-298/22, Banco BPN/BIC Português and Others: Judgment of the Court (Fifth Chamber) of 29 July 2024 (request for a preliminary ruling from the Tribunal da Concorrência, Regulação e Supervisão – Portugal) – 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)cjeu_case · 29 juillet 2024
10876Joined Cases C-184/22 and C-185/22, KfH Kuratorium für Dialyse und Nierentransplantation: Judgment of the Court (First Chamber) of 29 July 2024 (requests for a preliminary ruling from the Bundesarbeitsgericht – Germany) – IK (C-184/22), CM (C-185/22) v KfH Kuratorium für Dialyse und Nierentransplantation e.V. (Reference for a preliminary ruling – Social policy – Article 157 TFEU – Equal treatment between men and women in matters of employment and occupation – Directive 2006/54/EC – Article 2(1)(b) and Article 4, first paragraph – Prohibition of indirect discrimination on grounds of sex – Part-time work – Directive 97/81/EC – Framework Agreement on part-time work – Clause 4 – Prohibition on treating part-time workers less favourably than comparable full-time workers – Payment of additional pay only for overtime worked by part-time workers in excess of the normal working hours set for full-time workers)cjeu_case · 29 juillet 2024
10877Joined Cases C-112/22 and C-223/22, CU and ND (Social assistance – indirect discrimination): Judgment of the Court (Grand Chamber) of 29 July 2024 (requests for a preliminary ruling from the Tribunale di Napoli – Italy) – Criminal proceedings against CU (C-112/22), ND (C-223/22) (Reference for a preliminary ruling – Status of third-country nationals who are long-term residents – Directive 2003/109/EC – Article 11(1)(d) – Equal treatment – Social security, social assistance and social protection measures – Residency condition of 10 years, the final 2 years of which must be consecutive – Indirect discrimination)cjeu_case · 29 juillet 2024
10878Judgment of the Court (Fourth Chamber) of 29 July 2024.#Ryanair DAC and Laudamotion GmbH v European Commission.#Appeal – State aid – Article 107(2)(b) TFEU – Austrian air transport market – Aid granted by the Republic of Austria to an airline amid the COVID-19 pandemic – Subordinated loan to Austrian Airlines AG – Decision by the European Commission not to raise objections – Aid to make good the damage suffered by a single undertaking – Principles of proportionality and of non-discrimination – Freedom of establishment and freedom to provide services.#Case C-591/21 P.cjeu_case · 29 juillet 2024
10879Judgment of the Court (Fourth Chamber) of 29 July 2024.#Ryanair DAC and Laudamotion GmbH v European Commission.#Appeal – State aid – Article 107(2)(b) TFEU – Austrian air transport market – Aid granted by the Republic of Austria to an airline amid the COVID-19 pandemic – Subordinated loan to Austrian Airlines AG – Decision by the European Commission not to raise objections – Aid to make good the damage suffered by a single undertaking – Principles of proportionality and of non-discrimination – Freedom of establishment and freedom to provide services.#Case C-591/21 P.cjeu_case · 29 juillet 2024
10880Case C-591/21 P: Judgment of the Court (Fourth Chamber) of 29 July 2024 – Ryanair DAC, Laudamotion GmbH v European Commission, Federal Republic of Germany, Republic of Austria, Austrian Airlines AG (Appeal – State aid – Article 107(2)(b) TFEU – Austrian air transport market – Aid granted by the Republic of Austria to an airline amid the COVID-19 pandemic – Subordinated loan to Austrian Airlines AG – Decision by the European Commission not to raise objections – Aid to make good the damage suffered by a single undertaking – Principles of proportionality and of non-discrimination – Freedom of establishment and freedom to provide services)cjeu_case · 29 juillet 2024