Catalogue des documents juridiques (cjeu_case)

104 314 documents
14981

Judgment of the Court (Fifth Chamber) of 16 November 2023.#Ligue des droits humains ASBL and BA v Organe de contrôle de l’information policière.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Directive (EU) 2016/680 – Article 17 – Exercise of the rights of the data subject through the supervisory authority – Verification of the lawfulness of the data processing – Article 17(3) – Obligation to provide the data subject with a minimum of information – Scope – Validity – Article 53 – Right to seek an effective judicial remedy against the supervisory authority – Concept of a ‘legally binding decision’ – Charter of Fundamental Rights of the European Union – Article 8(3) – Control by an independent authority – Article 47 – Right to effective judicial protection.#Case C-333/22.

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14982

Judgment of the Court (Fifth Chamber) of 16 November 2023.#Ligue des droits humains ASBL and BA v Organe de contrôle de l’information policière.#Request for a preliminary ruling from the Cour d'appel de Bruxelles.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Directive (EU) 2016/680 – Article 17 – Exercise of the rights of the data subject through the supervisory authority – Verification of the lawfulness of the data processing – Article 17(3) – Obligation to provide the data subject with a minimum of information – Scope – Validity – Article 53 – Right to seek an effective judicial remedy against the supervisory authority – Concept of a ‘legally binding decision’ – Charter of Fundamental Rights of the European Union – Article 8(3) – Control by an independent authority – Article 47 – Right to effective judicial protection.#Case C-333/22.

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14983

Judgment of the Court (Ninth Chamber) of 16 November 2023.#GE Infrastructure Hungary Holding Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága.#Reference for a preliminary ruling – Approximation of laws – Common system of taxation applicable to mergers, divisions, partial divisions, transfers of assets and exchanges of shares – Directive 2009/133/EC – Partial division – Purely internal situation – No reduction in share capital – Company holding 100% of the share capital of the transferring company.#Case C-318/22.

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14984

Judgment of the Court (Ninth Chamber) of 16 November 2023.#GE Infrastructure Hungary Holding Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága.#Request for a preliminary ruling from the Fővárosi Törvényszék.#Reference for a preliminary ruling – Approximation of laws – Common system of taxation applicable to mergers, divisions, partial divisions, transfers of assets and exchanges of shares – Directive 2009/133/EC – Partial division – Purely internal situation – No reduction in share capital – Company holding 100% of the share capital of the transferring company.#Case C-318/22.

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14985

Judgment of the Court (Eighth Chamber) of 16 November 2023.#DZ and Others v Ministerstvo vnútra Slovenskej republiky.#Reference for a preliminary ruling – Carriage by air – Montreal Convention – Article 1(1) and (2) – Scope – Concept of ‘international carriage’ – Article 2(1) – Concept of ‘Carriage performed by the State’ – Article 17(1) – Liability of air carriers in the event of death or bodily injury of a passenger – Air carrier and aircraft operator insurance – Regulation (EC) No 785/2004 – Article 1(1) and Article 2(1) and (2)(a) – Scope – Concept of ‘State aircraft’ – Article 4(1) – Minimum insurance requirements for air carriers and aircraft operators – Crash of a helicopter operated by the public administration of a Member State during a specialised evacuation and rescue training exercise – Death of an officer of the firefighting and rescue unit participating in that exercise – Compensation.#Case C-283/22.

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14986

Judgment of the Court (Eighth Chamber) of 16 November 2023.#DZ and Others v Ministerstvo vnútra Slovenskej republiky.#Request for a preliminary ruling from the Okresný súd Prešov.#Reference for a preliminary ruling – Carriage by air – Montreal Convention – Article 1(1) and (2) – Scope – Concept of ‘international carriage’ – Article 2(1) – Concept of ‘Carriage performed by the State’ – Article 17(1) – Liability of air carriers in the event of death or bodily injury of a passenger – Air carrier and aircraft operator insurance – Regulation (EC) No 785/2004 – Article 1(1) and Article 2(1) and (2)(a) – Scope – Concept of ‘State aircraft’ – Article 4(1) – Minimum insurance requirements for air carriers and aircraft operators – Crash of a helicopter operated by the public administration of a Member State during a specialised evacuation and rescue training exercise – Death of an officer of the firefighting and rescue unit participating in that exercise – Compensation.#Case C-283/22.

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14987

Judgment of the Court (Tenth Chamber) of 16 November 2023.#Kingdom of Spain v Council of the European Union.#Action for annulment – Regulation (EU) 2022/110 – Annex III(c) – Fixing the maximum allowable fishing effort of European hake and of red mullet for demersal longliners – Annex III(e) – Fixing maximum catch limits for red shrimp – Geographical subareas (GSAs) 1-2-5-6-7 – Article 43(2) and (3) TFEU – Regulation (EU) 2019/1022 – Fishing effort regime – Supplementary measures – Article 7(5) – Concept of ‘significant catches’ – Scientific advice – Article 7(3)(b) – Concept of ‘conservation measure’ – Obligation to state reasons – Discretion – Limits – Principle of proportionality.#Case C-224/22.

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14988

Judgment of the Court (Tenth Chamber) of 16 November 2023.#Kingdom of Spain v Council of the European Union.#Action for annulment – Regulation (EU) 2022/110 – Annex III(c) – Fixing the maximum allowable fishing effort of European hake and of red mullet for demersal longliners – Annex III(e) – Fixing maximum catch limits for red shrimp – Geographical subareas (GSAs) 1-2-5-6-7 – Article 43(2) and (3) TFEU – Regulation (EU) 2019/1022 – Fishing effort regime – Supplementary measures – Article 7(5) – Concept of ‘significant catches’ – Scientific advice – Article 7(3)(b) – Concept of ‘conservation measure’ – Obligation to state reasons – Discretion – Limits – Principle of proportionality.#Case C-224/22.

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14989

Judgment of the Court (Third Chamber) of 16 November 2023.#IB v Regione Lombardia and Provincia di Pavia.#Reference for a preliminary ruling – Common agricultural policy – Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) – Community aid scheme for forestry measures in agriculture – Regulation (EEC) No 2080/92 – Article 4 – Implementation of the aid scheme by the Member States by means of multiannual programmes – Protection of the Union’s financial interests – Regulation (EC, Euratom) No 2988/95 – Article 1 – Concept of ‘irregularity’ – Article 2 – Effective, proportionate and dissuasive nature of administrative measures and penalties – Article 4 – Withdrawal of the wrongly obtained advantage – Detailed rules for applying the integrated administration and control system for certain European Union aid schemes – National legislation providing for disqualification from receiving aid and repayment of the sums received in the event that irregularities are found – Principle of proportionality.#Case C-196/22.

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14990

Judgment of the Court (Third Chamber) of 16 November 2023.#IB v Regione Lombardia and Provincia di Pavia.#Request for a preliminary ruling from the Corte suprema di cassazione.#Reference for a preliminary ruling – Common agricultural policy – Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) – Community aid scheme for forestry measures in agriculture – Regulation (EEC) No 2080/92 – Article 4 – Implementation of the aid scheme by the Member States by means of multiannual programmes – Protection of the Union’s financial interests – Regulation (EC, Euratom) No 2988/95 – Article 1 – Concept of ‘irregularity’ – Article 2 – Effective, proportionate and dissuasive nature of administrative measures and penalties – Article 4 – Withdrawal of the wrongly obtained advantage – Detailed rules for applying the integrated administration and control system for certain European Union aid schemes – National legislation providing for disqualification from receiving aid and repayment of the sums received in the event that irregularities are found – Principle of proportionality.#Case C-196/22.

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14991

Opinion of Advocate General Rantos delivered on 16 November 2023.#T GmbH v Bezirkshauptmannschaft Spittal an der Drau.#Request for a preliminary ruling from the Verwaltungsgerichtshof.#Reference for a preliminary ruling – Environment – EU action in the field of water policy – Directive 2000/60/EC – Environmental objectives relating to surface water – Prevention of deterioration of the status of all bodies of surface water – Point 1.2.2 of Annex V – Definitions for ‘high’, ‘good’ and ‘moderate’ ecological status in lakes – Criteria for assessing the biological quality element ‘fish fauna’.#Case C-671/22.

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14992

Opinion of Advocate General Kokott delivered on 16 November 2023.#FOD Volksgezondheid, Veiligheid van de voedselketen & Leefmilieu v Triferto Belgium NV.#Request for a preliminary ruling from the rechtbank van eerste aanleg Oost-Vlaanderen Afdeling Gent.#Reference for a preliminary ruling – Registration, evaluation, authorisation and restriction of chemicals – Regulation (EC) No 1907/2006 (REACH Regulation) – Article 2(1)(b) – Scope – Article 3(10) and (11) – Concepts of ‘import’ and ‘importer’ – Article 6 – Obligation to register – Person assuming responsibility for registration – Regulation (EU) No 952/2013 – Union Customs Code – Customs warehousing.#Case C-654/22.

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14993

Opinion of Advocate General Campos Sánchez-Bordona delivered on 16 November 2023.#AB v Finanzamt Köln-Süd.#Request for a preliminary ruling from the Finanzgericht Köln.#Reference for a preliminary ruling – Agreement between the European Union and the Swiss Confederation on the free movement of persons – Worker from a Member State who has transferred his residence to Switzerland – Tax concessions – Income tax – ‘Voluntary assessment’ mechanism – Taxpayers who may benefit therefrom – Restriction to partially taxable employed persons resident in a Member State or in a State party to the Agreement on the European Economic Area (EEA) – Equal treatment.#Case C-627/22.

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14994

Opinion of Advocate General Kokott delivered on 16 November 2023.#Dyrektor Izby Administracji Skarbowej w Bydgoszczy v B. sp. z o.o., anciennement B. sp.j.#Request for a preliminary ruling from the Naczelny Sąd Administracyjny.#Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Provision of recreational services and services to improve physical fitness – Sale of passes giving access to services whose existence is evidenced by a cash register and by cash register receipts – Taxable amount – Error in the tax rate – Principle of fiscal neutrality – Adjustment of the tax debt as a result of a change in the taxable amount – National practice that does not permit, in the absence of an invoice, a correction of the VAT and a refund of the overpaid VAT – No risk of loss of tax revenue – Plea of unjust enrichment.#Case C-606/22.

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14995

Opinion of Advocate General Collins delivered on 16 November 2023.#Maersk A/S v Allianz Seguros y Reaseguros SA and Mapfre España Compañía de Seguros y Reaseguros SA v MACS Maritime Carrier Shipping GmbH & Co.#Requests for a preliminary ruling from the Audiencia Provincial de Pontevedra.#Requests for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 25(1) – Contract for the carriage of goods evidenced by a bill of lading – Jurisdiction clause incorporated in that bill of lading – Enforceability against the third-party holder of the bill of lading – Applicable law – National legislation requiring the individual and separate negotiation of the jurisdiction clause by the third-party holder of the bill of lading.#Joined Cases C-345/22 to C-347/22.

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14996

Opinion of Advocate General Emiliou delivered on 16 November 2023.#Gabel Industria Tessile SpA and Canavesi SpA v A2A Energia SpA and Others.#Request for a preliminary ruling from the Tribunale di Como.#Reference for a preliminary ruling – Directive 2008/118/EC – Article 1(2) – Excise duties – Electricity – National legislation creating an additional tax on electricity excise duties – Lack of specific purposes – Additional tax deemed contrary to Directive 2008/118/EC by the national courts – Recovery by the final consumer of the tax unduly paid from the supplier alone – Article 288 TFEU – Direct effect – Principle of effectiveness.#Case C-316/22.

cjeu_case ·
14997

Opinion of Advocate General Rantos delivered on 16 November 2023.#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.

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14998

Case C-636/22, PY (Third-country national residing in the territory of the executing Member State): Order of the Court (Eighth Chamber) of 16 November 2023 (request for a preliminary ruling from the Corte d’appello di Lecce — Italy) in proceedings concerning the execution of a European arrest warrant issued against PY (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 criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Guarantees to be given by the issuing Member State — Article 5(3) — Objective of social rehabilitation — Third-country nationals residing in the territory of the executing Member State — Equal treatment — Article 20 of the Charter of Fundamental Rights of the European Union)

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14999

Case C-595/22 P: Judgment of the Court (Seventh Chamber) of 16 November 2023 — Jean-Marc Colombani v European External Action Service (Appeal — Civil service — Official of the European External Action Service (EEAS) — Selection procedures — Post of Director for Middle East and North Africa — Post of Head of the EU Delegation to Canada — Decisions rejecting the applications of that official — Action for annulment — Inadmissibility of the claim for annulment of one of those rejection decisions — Amicable settlement excluding the possibility of challenging the appointment decisions taken in the context of those selection procedures — Inseparable nature of those rejection decisions and those appointment decisions — Rejection of the claim for annulment of the other rejection decision and, consequently, dismissal of that action in its entirety)

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15000

Case C-497/22, Roompot Service: Judgment of the Court (Fourth Chamber) of 16 November 2023 (request for a preliminary ruling from the Landgericht Düsseldorf — Germany) — EM v Roompot Service BV (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Exclusive jurisdiction — First subparagraph of Article 24(1) — Disputes regarding tenancies of immovable property — Contract in relation to the short-term letting of a bungalow in a holiday park concluded between an individual and a tourism professional operating that park)

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