Catalogue des documents juridiques (cjeu_case)

104 314 documents
12903

Judgment of the Court (Ninth Chamber) of 14 March 2024.#European Commission v Republic of Poland.#Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2018/1972 – European Electronic Communications Code – Failure to transpose and to notify transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum and a periodic penalty payment – Criteria for determining the amount of the penalty.#Case C-452/22.

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12904

Judgment of the Court (Ninth Chamber) of 14 March 2024.#European Commission v Republic of Poland.#Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2018/1972 – European Electronic Communications Code – Failure to transpose and to notify transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum and a periodic penalty payment – Criteria for determining the amount of the penalty.#Case C-452/22.

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12905

Judgment of the Court (Ninth Chamber) of 14 March 2024.#European Commission v Portuguese Republic.#Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2018/1972 – European Electronic Communications Code – Failure to transpose and notify the transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum and a periodic penalty payment – Criteria for determining the amount of the penalty – Discontinuance in part.#Case C-449/22.

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12906

Judgment of the Court (Ninth Chamber) of 14 March 2024.#European Commission v Portuguese Republic.#Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2018/1972 – European Electronic Communications Code – Failure to transpose and notify the transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum and a periodic penalty payment – Criteria for determining the amount of the penalty – Discontinuance in part.#Case C-449/22.

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12909

Judgment of the Court (Third Chamber) of 14 March 2024.#f6 Cigarettenfabrik GmbH & Co. KG v Hauptzollamt Bielefeld.#Reference for a preliminary ruling – Taxation – General arrangements for excise duty – Directive 2008/118/EC – Article 1(2) – Other indirect taxes on excise goods – Conditions for levying such a tax – Specific purpose pursued by the tax – Excise duty applied to manufactured tobacco – Directive 2011/64/EU – Article 14 – Taxation rules – Compliance with those rules by other indirect taxes on excise goods – Heated tobacco – National legislation establishing, for heated tobacco, a tax structure and tax rate differing from those applicable to ‘other smoking tobaccos’.#Case C-336/22.

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12910

Judgment of the Court (Third Chamber) of 14 March 2024.#f6 Cigarettenfabrik GmbH & Co. KG v Hauptzollamt Bielefeld.#Request for a preliminary ruling from the Finanzgericht Düsseldorf.#Reference for a preliminary ruling – Taxation – General arrangements for excise duty – Directive 2008/118/EC – Article 1(2) – Other indirect taxes on excise goods – Conditions for levying such a tax – Specific purpose pursued by the tax – Excise duty applied to manufactured tobacco – Directive 2011/64/EU – Article 14 – Taxation rules – Compliance with those rules by other indirect taxes on excise goods – Heated tobacco – National legislation establishing, for heated tobacco, a tax structure and tax rate differing from those applicable to ‘other smoking tobaccos’.#Case C-336/22.

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12911

Judgment of the Court (Fourth Chamber) of 14 March 2024.#Debregeas et associés Pharma (D & A Pharma) v European Commission and European Medicines Agency.#Appeal – Medicinal products for human use – Application for marketing authorisation – Independence of experts consulted by the Committee for Medicinal Products for Human Use (CHMP) of the European Medicines Agency (EMA) – Article 41 of the Charter of Fundamental Rights of the European Union – Right to good administration – Requirement of objective impartiality – Criteria for verifying the absence of conflict of interest – EMA’s policy on competing interests – Activities as principal investigator, consultant or strategic adviser for the pharmaceutical industry – Rival products – Re-examination procedure – Regulation (EC) No 726/2004 – Articles 56, 62 and 63 – EMA Guidelines – Consultation of a scientific advisory group (SAG) or an ad hoc expert group.#Case C-291/22 P.

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12912

Judgment of the Court (Fourth Chamber) of 14 March 2024.#Debregeas et associés Pharma (D & A Pharma) v European Commission and European Medicines Agency.#Appeal – Medicinal products for human use – Application for marketing authorisation – Independence of experts consulted by the Committee for Medicinal Products for Human Use (CHMP) of the European Medicines Agency (EMA) – Article 41 of the Charter of Fundamental Rights of the European Union – Right to good administration – Requirement of objective impartiality – Criteria for verifying the absence of conflict of interest – EMA’s policy on competing interests – Activities as a principal researcher, consultant or strategic adviser for the pharmaceutical industry – Rival products – Re-examination procedure – Regulation (EC) No 726/2004 – Article 56, Article 62, Article 63 – EMA Guidelines – Consultation of a scientific advisory group (SAG) or an ad hoc expert group.#Case C-291/22 P.

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12913

Opinion of Advocate General Kokott delivered on 14 March 2024.#X and Others v Inspecteur van de Belastingdienst Utrecht and Others.#Requests for a preliminary ruling from the rechtbank Gelderland.#References for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Exemptions – Article 135(1)(g) – Management of special investment funds – Definition – Pension funds – Comparability with an undertaking for collective investment in transferable securities (UCITS) – Investment risk borne by the members – Scope – Need for comparison with a pension fund regarded by the Member State concerned as a special investment fund.#Joined Cases C-639/22 to C-644/22.

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12914

Opinion of Advocate General Emiliou delivered on 14 March 2024.#X BV v Staatssecretaris van Financiën.#Request for a preliminary ruling from the Hoge Raad der Nederlanden.#Reference for a preliminary ruling – Freedom of establishment – Article 49 TFEU – Corporation tax – Intra-group cross-border loan for the purposes of financing the acquisition or the extension of an interest in a company not related to the group concerned that becomes, as a result of that transaction, related to that group – Deduction of interest paid on that loan – Loan contracted on an arm’s length basis – Concept of ‘wholly artificial arrangement’ – Principle of proportionality.#Case C-585/22.

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12915

Opinion of Advocate General Ćapeta delivered on 14 March 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.

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12916

Opinion of Advocate General Ćapeta delivered on 14 March 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.

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12917

Case C-429/22,  N1 Interactive: Order of the Court (Seventh Chamber) of 14 March 2024 (request for a preliminary ruling from the Oberlandesgericht Wien – Austria) – VK v N1 Interactive Ltd. (Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Judicial cooperation in civil matters – Law applicable to contractual obligations – Regulation (EC) No 593/2008 – Article 6 – Consumer claiming payment of a sum of money allegedly won in an online casino – No choice of applicable law – Application of a law deemed to be more favourable rather than the law of the country of habitual residence of the consumer)

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12918

Case C-752/22,  EP (Removal of a long-term resident): Judgment of the Court (Second Chamber) of 14 March 2024 (request for a preliminary ruling from the Korkein hallinto-oikeus – Finland) – EP v Maahanmuuttovirasto (Reference for a preliminary ruling – Immigration policy – Status of third-country nationals who are long-term residents – Directive 2003/109/EC – Articles 12 and 22 – Reinforced protection against expulsion – Applicability – Third-country national residing in the territory of a Member State other than the one which had granted him long-term resident status – Decision taken by that other Member State on grounds of public policy and public security to remove the person concerned to the Member State which had granted him that status – Temporary ban on entering the territory of that other Member State imposed by that other Member State – Breach of the obligation to apply to that other Member State for a residence permit in accordance with the provisions of Chapter III of Directive 2003/109 – Decision taken by that Member State on the same grounds to remove that third-country national to his country of origin)

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12919

Case C-576/22: Judgment of the Court (Sixth Chamber) of 14 March 2024 – European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations – Directive 91/676/EEC – Article 3(4) – Article 5(4) – Annex II(A)(2) and (5) – Annex II(B)(9) – Annex III(1)(2) and (3) and Annex III(2) – Article 5(5) – Protection of waters against pollution caused by nitrates from agricultural sources – Review of the list of nitrate vulnerable zones – Mandatory measures provided for in action programmes – Additional or reinforced measures)

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12920

Case C-536/22,  VR Bank Ravensburg-Weingarten: Judgment of the Court (Fifth Chamber) of 14 March 2024 (request for a preliminary ruling from the Landgericht Ravensburg – Germany) – MW, CY v VR Bank Ravensburg-Weingarten eG (Reference for a preliminary ruling – Consumer protection – Directive 2014/17/EU – Article 25(3) – Credit agreements for consumers relating to residential immovable property – Early repayment – Compensation of the creditor – Loss of profit of the creditor – Method of calculating loss of profit)

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