14201Case C-66/22, Infraestruturas de Portugal and Futrifer Indústrias Ferroviárias: Judgment of the Court (Grand Chamber) of 21 December 2023 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Infraestruturas de Portugal SA, Futrifer Indústrias Ferroviárias SA v Toscca — Equipamentos em Madeira Lda (Reference for a preliminary ruling — Procedures for the award of public works contracts, public supply contracts and public service contracts — Directive 2014/24/EU — Point (d) of the first subparagraph of Article 57(4) — Award of public contracts in the transport sector — Directive 2014/25/EU — Article 80(1) — Facultative grounds for exclusion — Obligation to transpose — Economic operator entering into agreements aimed at distorting competition — Competence of the contracting authority — Impact of an earlier decision of a competition authority — Principle of proportionality — Article 47 of the Charter of Fundamental Rights of the European Union — Right to an effective remedy — Principle of sound administration — Obligation to state reasons)cjeu_case · 21 décembre 2023
14202Judgment of the Court (Grand Chamber) of 21 December 2023.#L.G. v Krajowa Rada Sądownictwa.#Reference for a preliminary ruling – Article 267 TFEU – Concept of ‘court or tribunal’ – Criteria – Izba Kontroli Nadzwyczajnej i Spraw Publicznych (Chamber of Extraordinary Control and Public Affairs) of the Sąd Najwyższy (Supreme Court, Poland) – Reference for a preliminary ruling from an adjudicating panel which does not have the status of an independent and impartial tribunal previously established by law – Inadmissibility.#Case C-718/21.cjeu_case · 21 décembre 2023
14203Judgment of the Court (Grand Chamber) of 21 December 2023.#L.G. v Krajowa Rada Sądownictwa.#Request for a preliminary ruling from the Sąd Najwyższy.#Reference for a preliminary ruling – Article 267 TFEU – Concept of ‘court or tribunal’ – Criteria – Izba Kontroli Nadzwyczajnej i Spraw Publicznych (Chamber of Extraordinary Control and Public Affairs) of the Sąd Najwyższy (Supreme Court, Poland) – Reference for a preliminary ruling from an adjudicating panel which does not have the status of an independent and impartial tribunal previously established by law – Inadmissibility.#Case C-718/21.cjeu_case · 21 décembre 2023
14204Judgment of the Court (Grand Chamber) of 21 December 2023.#UL and SA Royal Antwerp Football Club v Union royale belge des sociétés de football association ASBL.#Reference for a preliminary ruling – Competition – Internal market – Rules introduced by international and national sports associations – Professional football – Private law entities vested with regulatory, control and sanctioning powers – Rules requiring professional football clubs to use a minimum number of ‘home-grown’ players – Article 101(1) TFEU – Decision by an association of undertakings adversely affecting competition – Concepts of anticompetitive ‘object’ and ‘effect’ – Exemption under Article 101(3) TFEU – Conditions – Article 45 TFEU – Indirect discrimination on the basis of nationality – Restriction on the freedom of movement for workers – Justification – Conditions – Burden of proof.#Case C-680/21.cjeu_case · 21 décembre 2023
14205Judgment of the Court (Grand Chamber) of 21 December 2023.#UL and SA Royal Antwerp Football Club v Union royale belge des sociétés de football association ASBL.#Reference for a preliminary ruling – Competition – Internal market – Rules introduced by international and national sports associations – Professional football – Private law entities vested with regulatory, control and sanctioning powers – Rules requiring professional football clubs to use a minimum number of ‘home-grown’ players – Article 101(1) TFEU – Decision by an association of undertakings adversely affecting competition – Concepts of anticompetitive ‘object’ and ‘effect’ – Exemption under Article 101(3) TFEU – Conditions – Article 45 TFEU – Indirect discrimination on the basis of nationality – Restriction on the freedom of movement for workers – Justification – Conditions – Burden of proof.#Case C-680/21.cjeu_case · 21 décembre 2023
14206Judgment of the Court (Third Chamber) of 21 December 2023.#ZQ v Medizinischer Dienst der Krankenversicherung Nordrhein, Körperschaft des öffentlichen Rechts.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 6(1) – Conditions for lawful processing – Article 9(1) to (3) – Processing of special categories of data – Data concerning health – Assessment of an employee’s working capacity – Health insurance medical service processing data concerning the health of its own employees – Conditions for such processing and whether permissible – Article 82(1) – Right to compensation and liability – Compensation for non-material damage – Compensatory function – Impact of negligence on the part of the data controller.#Case C-667/21.cjeu_case · 21 décembre 2023
14207Judgment of the Court (Third Chamber) of 21 December 2023.#ZQ v Medizinischer Dienst der Krankenversicherung Nordrhein, Körperschaft des öffentlichen Rechts.#Request for a preliminary ruling from the Bundesarbeitsgericht.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 6(1) – Conditions for lawful processing – Article 9(1) to (3) – Processing of special categories of data – Data concerning health – Assessment of an employee’s working capacity – Health insurance medical service processing data concerning the health of its own employees – Conditions for such processing and whether permissible – Article 82(1) – Right to compensation and liability – Compensation for non-material damage – Compensatory function – Impact of negligence on the part of the data controller.#Case C-667/21.cjeu_case · 21 décembre 2023
14208Judgment of the Court (Grand Chamber) of 21 December 2023.#GV v Chief Appeals Officer and Others.#Reference for a preliminary ruling – Citizenship of the European Union – Articles 21 and 45 TFEU – Right of Union citizens to move and reside freely in the territory of the Member States – Worker having acquired the nationality of the host Member State while retaining his or her nationality of origin – Directive 2004/38/EC – Article 3 – Beneficiaries – Article 2(2)(d) – Family member – Dependent direct relatives in the ascending line of a worker who is a Union citizen – Article 7(1)(a) and (d) – Right of residence for more than three months – Retention of the status of dependant in the host Member State – Article 14(2) – Retention of the right of residence – Regulation (EU) No 492/2011 – Article 7(2) – Equal treatment – Social advantages – Social assistance benefits – Unreasonable burden on the social assistance system of the host Member State.#Case C-488/21.cjeu_case · 21 décembre 2023
14209Judgment of the Court (Grand Chamber) of 21 December 2023.#GV v Chief Appeals Officer and Others.#Request for a preliminary ruling from the Court of Appeal.#Reference for a preliminary ruling – Citizenship of the European Union – Articles 21 and 45 TFEU – Right of Union citizens to move and reside freely in the territory of the Member States – Worker having acquired the nationality of the host Member State while retaining his or her nationality of origin – Directive 2004/38/EC – Article 3 – Beneficiaries – Article 2(2)(d) – Family member – Dependent direct relatives in the ascending line of a worker who is a Union citizen – Article 7(1)(a) and (d) – Right of residence for more than three months – Retention of the status of dependant in the host Member State – Article 14(2) – Retention of the right of residence – Regulation (EU) No 492/2011 – Article 7(2) – Equal treatment – Social advantages – Social assistance benefits – Unreasonable burden on the social assistance system of the host Member State.#Case C-488/21.cjeu_case · 21 décembre 2023
14210Judgment of the Court (Grand Chamber) of 21 December 2023.#European Superleague Company, SL v Fédération internationale de football association (FIFA) and Union of European Football Associations (UEFA).#Reference for a preliminary ruling – Competition – Internal market – Rules introduced by international sports associations – Professional football – Private law entities vested with regulatory, control and decision-making powers, and the power to impose sanctions – Rules on prior approval of competitions, on the participation of football clubs and players in those competitions, and also on the exploitation of commercial and media rights related to those competitions – Parallel pursuit of economic activities – Organisation and marketing of competitions – Exploitation of related commercial and media rights – Article 101(1) TFEU – Decision by an association of undertakings adversely affecting competition – Concepts of anticompetitive ‘object’ and ‘effect’ – Exemption under Article 101(3) TFEU – Conditions – Article 102 TFEU – Abuse of dominant position – Justification – Conditions – Article 56 TFEU – Restrictions on the freedom to provide services – Justification – Conditions – Burden of proof.#Case C-333/21.cjeu_case · 21 décembre 2023
14211Judgment of the Court (Grand Chamber) of 21 December 2023.#European Superleague Company, SL v Fédération internationale de football association (FIFA) and Union of European Football Associations (UEFA).#Request for a preliminary ruling – Competition – Internal market – Rules introduced by international sports associations – Professional football – Private law entities vested with regulatory, control and decision-making powers, and the power to impose sanctions – Rules on prior approval of competitions, on the participation of football clubs and players in those competitions, and also on the exploitation of commercial and media rights related to those competitions – Parallel pursuit of economic activities – Organisation and marketing of competitions – Exploitation of related commercial and media rights – Article 101(1) TFEU – Decision by an association of undertakings adversely affecting competition – Concepts of anticompetitive ‘object’ and ‘effect’ – Exemption under Article 101(3) TFEU – Conditions – Article 102 TFEU – Abuse of dominant position – Justification – Conditions – Article 56 TFEU – Restrictions on the freedom to provide services – Justification – Conditions – Burden of proof.#Case C-333/21.cjeu_case · 21 décembre 2023
14212Judgment of the Court (Grand Chamber) of 21 December 2023.#International Skating Union v European Commission.#Appeal – Competition – Rules introduced by an international sports association – Skating – Private law entity vested with regulatory, control and decision-making powers, and the power to impose sanctions – Rules on the prior approval of competitions, the participation of athletes in those competitions and the arbitration rules governing conflicts – Parallel pursuit of economic activities – Organisation and marketing of competitions – Article 101(1) TFEU – Decision by an association of undertakings adversely affecting competition – Concepts of anticompetitive ‘object’ and ‘effect’ – Possible justification – Conditions.#Case C-124/21 P.cjeu_case · 21 décembre 2023
14213Judgment of the Court (Grand Chamber) of 21 December 2023.#International Skating Union v European Commission.#Appeal – Competition – Rules introduced by an international sports association – Skating – Private law entity vested with regulatory, control and decision-making powers, and the power to impose sanctions – Rules on the prior approval of competitions, the participation of athletes in those competitions and the arbitration rules governing conflicts – Parallel pursuit of economic activities – Organisation and marketing of competitions – Article 101(1) TFEU – Decision by an association of undertakings adversely affecting competition – Concepts of anticompetitive ‘object’ and ‘effect’ – Possible justification – Conditions.#Case C-124/21 P.cjeu_case · 21 décembre 2023
14214Judgment of the Court (Grand Chamber) of 21 December 2023.#VK and Others v BMW Bank GmbH and Others.#Reference for a preliminary ruling – Consumer protection – Leasing agreement for a motor vehicle without an obligation to purchase – Directive 2008/48/EC – Article 2(2)(d) – Concept of a leasing agreement without an obligation to purchase the object of the agreement – Directive 2002/65/EC – Article 1(1) and Article 2(b) – Concept of a contract for financial services – Directive 2011/83/EU – Article 2(6) and Article 3(1) – Concept of a service contract – Article 2(7) – Contract of a distance contract – Article 2(8) – Concept of an off-premises contract – Article 16(l) – Exception from the right of withdrawal in respect of the provision of car rental services – Credit agreement for the purchase of a motor vehicle – Directive 2008/48 – Article 10(2) – Requirements relating to the information that must be stated in the agreement – Presumption of compliance with the obligation to provide information in the case of use of a statutory information model – Absence of horizontal direct effect of a directive – Article 14(1) – Right of withdrawal – Start of the withdrawal period in the event of incomplete or incorrect information – Abusive nature of the exercise of the right of withdrawal – Time-barring of the right of withdrawal – Obligation to return the vehicle in advance in the event of exercise of the right of withdrawal in respect of a linked credit agreement.#Joined Cases C-38/21, C-47/21 and C-232/21.cjeu_case · 21 décembre 2023
14215Judgment of the Court (Grand Chamber) of 21 December 2023.#VK and Others v BMW Bank GmbH and Others.#Requests for a preliminary ruling from the Landgericht Ravensburg.#Reference for a preliminary ruling – Consumer protection – Leasing agreement for a motor vehicle without an obligation to purchase – Directive 2008/48/EC – Article 2(2)(d) – Concept of a leasing agreement without an obligation to purchase the object of the agreement – Directive 2002/65/EC – Article 1(1) and Article 2(b) – Concept of a contract for financial services – Directive 2011/83/EU – Article 2(6) and Article 3(1) – Concept of a service contract – Article 2(7) – Contract of a distance contract – Article 2(8) – Concept of an off-premises contract – Article 16(l) – Exception from the right of withdrawal in respect of the provision of car rental services – Credit agreement for the purchase of a motor vehicle – Directive 2008/48 – Article 10(2) – Requirements relating to the information that must be stated in the agreement – Presumption of compliance with the obligation to provide information in the case of use of a statutory information model – Absence of horizontal direct effect of a directive – Article 14(1) – Right of withdrawal – Start of the withdrawal period in the event of incomplete or incorrect information – Abusive nature of the exercise of the right of withdrawal – Time-barring of the right of withdrawal – Obligation to return the vehicle in advance in the event of exercise of the right of withdrawal in respect of a linked credit agreement.#Joined Cases C-38/21, C-47/21 and C-232/21.cjeu_case · 21 décembre 2023
14216Case C-718/21, Krajowa Rada Sądownictwa (Continued holding of a judicial office): Judgment of the Court (Grand Chamber) of 21 December 2023 (request for a preliminary ruling from the Sąd Najwyższy — Poland) — L.G. v Krajowa Rada Sądownictwa (Reference for a preliminary ruling — Article 267 TFEU — Concept of ‘court or tribunal’ — Criteria — Izba Kontroli Nadzwyczajnej i Spraw Publicznych (Chamber of Extraordinary Control and Public Affairs) of the Sąd Najwyższy (Supreme Court, Poland) — Reference for a preliminary ruling from a panel of judges without the status of an independent and impartial tribunal previously established by law — Inadmissibility)cjeu_case · 21 décembre 2023
14217Case C-680/21, Royal Antwerp Football Club: Judgment of the Court (Grand Chamber) of 21 December 2023 (request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles – Belgium) – UL, SA Royal Antwerp Football Club v Union royale belge des sociétés de football association ASBL (URBSFA) (Reference for a preliminary ruling – Competition – Internal market – Rules introduced by international and national sports associations – Professional football – Private law entities vested with regulatory, control and sanctioning powers – Rules requiring professional football clubs to use a minimum number of ‘home-grown’ players – Article 101(1) TFEU – Decision by an association of undertakings adversely affecting competition – Concepts of anticompetitive ‘object’ and ‘effect’ – Exemption under Article 101(3) TFEU – Conditions – Article 45 TFEU – Indirect discrimination on the basis of nationality – Restriction on the freedom of movement for workers – Justification – Conditions – Burden of proof)cjeu_case · 21 décembre 2023
14218Case C-667/21, Krankenversicherung Nordrhein: Judgment of the Court (Third Chamber) of 21 December 2023 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — ZQ v Medizinischer Dienst der Krankenversicherung Nordrhein, Körperschaft des öffentlichen Rechts (Reference for a preliminary ruling — Protection of natural persons with regard to the processing of personal data — Regulation (EU) 2016/679 — Article 6(1) — Conditions for lawful processing — Article 9(1) to (3) — Processing of special categories of data — Data concerning health — Assessment of an employee’s capacity to work — Health insurance medical service processing data concerning the health of its own employees — Conditions for such processing and whether permissible — Article 82(1) — Right to compensation and liability — Compensation for non-material harm — Compensatory function — Impact of negligence on the part of the data controller)cjeu_case · 21 décembre 2023
14219Case C-488/21, Chief Appeals Officer and Others: Judgment of the Court (Grand Chamber) of 21 December 2023 (request for a preliminary ruling from the Court of Appeal — Ireland) — GV v Chief Appeals Officer, Social Welfare Appeals Office, Minister for Employment Affairs and Social Protection, Ireland, Attorney General (Reference for a preliminary ruling — Citizenship of the European Union — Articles 21 and 45 TFEU — Right of Union citizens to move and reside freely in the territory of the Member States — Worker having acquired the nationality of the host Member State while retaining his or her nationality of origin — Directive 2004/38/EC — Article 3 — Beneficiaries — Article 2(2)(d) — Family member — Dependent direct relatives in the ascending line of a worker who is a Union citizen — Article 7(1)(a) and (d) — Right of residence for more than three months — Retention of the status of dependant in the host Member State — Article 14(2) — Retention of the right of residence — Regulation (EU) No 492/2011 — Article 7(2) — Equal treatment — Social advantages — Social assistance benefits — Unreasonable burden on the social assistance system of the host Member State)cjeu_case · 21 décembre 2023
14220Case C-333/21, European Superleague Company: Judgment of the Court (Grand Chamber) of 21 December 2023 (request for a preliminary ruling from the Juzgado de lo Mercantil de Madrid – Spain) – European Superleague Company SL v Fédération internationale de football association (FIFA), Union of European Football Associations (UEFA) (Request for a preliminary ruling – Competition – Internal market – Rules introduced by international sports associations – Professional football – Private law entities vested with regulatory, control and decision-making powers, and the power to impose sanctions – Rules on prior approval of competitions, on the participation of football clubs and players in those competitions, and also on the exploitation of commercial and media rights related to those competitions – Parallel pursuit of economic activities – Organisation and marketing of competitions – Exploitation of related commercial and media rights – Article 101(1) TFEU – Decision by an association of undertakings adversely affecting competition – Concepts of anticompetitive ‘object’ and ‘effect’ – Exemption under Article 101(3) TFEU – Conditions – Article 102 TFEU – Abuse of dominant position – Justification – Conditions – Article 56 TFEU – Restrictions on the freedom to provide services – Justification – Conditions – Burden of proof)cjeu_case · 21 décembre 2023