19101Opinion of Advocate General Pitruzzella delivered on 9 March 2023.#X and Others v État belge.#Request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles.#Reference for a preliminary ruling – Urgent preliminary ruling procedure – Border controls, asylum and immigration – Immigration policy – Directive 2003/86/EC – Right to family reunification – Article 5(1) – Submission of an application for entry and residence for the purposes of exercising the right to family reunification – Legislation of a Member State requiring the sponsor’s family members to submit the application in person to the competent diplomatic post of that Member State – Impossibility or excessive difficulty to reach that post – Charter of Fundamental Rights of the European Union – Articles 7 and 24.#Case C-1/23 PPU.cjeu_case · 9 mars 2023
19102Case T-355/22: Order of the General Court of 9 March 2023 — Aitana v EUIPOcjeu_case · 9 mars 2023
19103Order of the Court (Sixth Chamber) of 9 March 2023.#SB v European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice.#Case C-648/22 P.cjeu_case · 9 mars 2023
19104Judgment of the Court (Seventh Chamber) of 9 March 2023.#Bolloré logistics SA v Direction interrégionale des douanes et droits indirects de Caen and Others.#Reference for a preliminary ruling – Customs union – Regulation (EEC) No 2913/92 – Community Customs Code – Article 195 – Article 217(1) – Article 221(1) – Common Customs Tariff – Obligations on the part of the guarantor of the debtor of a customs debt – Procedures for the communication of the customs debt – Duty corresponding to that debt which has not been lawfully communicated to the debtor – Whether the customs debt is payable by the joint and several guarantor.#Case C-358/22.cjeu_case · 9 mars 2023
19105Judgment of the Court (Seventh Chamber) of 9 March 2023.#Bolloré logistics SA v Direction interrégionale des douanes et droits indirects de Caen and Others.#Request for a preliminary ruling from the Cour de cassation.#Reference for a preliminary ruling – Customs union – Regulation (EEC) No 2913/92 – Community Customs Code – Article 195 – Article 217(1) – Article 221(1) – Common Customs Tariff – Obligations on the part of the guarantor of the debtor of a customs debt – Procedures for the communication of the customs debt – Duty corresponding to that debt which has not been lawfully communicated to the debtor – Whether the customs debt is payable by the joint and several guarantor.#Case C-358/22.cjeu_case · 9 mars 2023
19106Judgment of the Court (Fifth Chamber) of 9 March 2023.#Pro Rauchfrei eV v JS eK.#Reference for a preliminary ruling – Manufacture, presentation and sale of tobacco products – Directive 2014/40/EU – Labelling and packaging – Article 2(40) – Concept of ‘placing on the market’ – Article 8(3) – Health warnings to appear on each unit packet of a tobacco product and any outside packaging – Prohibition on hiding – Automatic vending machines for packets of cigarettes – Packets of cigarettes which are not visible from the outside.#Case C-356/22.cjeu_case · 9 mars 2023
19107Judgment of the Court (Fifth Chamber) of 9 March 2023.#Pro Rauchfrei eV v JS eK.#Request for a preliminary ruling from the Bundesgerichtshof.#Reference for a preliminary ruling – Manufacture, presentation and sale of tobacco products – Directive 2014/40/EU – Labelling and packaging – Article 2(40) – Concept of ‘placing on the market’ – Article 8(3) – Health warnings to appear on each unit packet of a tobacco product and any outside packaging – Prohibition on hiding – Automatic vending machines for packets of cigarettes – Packets of cigarettes which are not visible from the outside.#Case C-356/22.cjeu_case · 9 mars 2023
19108Judgment of the Court (Eighth Chamber) of 9 March 2023.#État belge and Promo 54 v Promo 54 and État belge.#Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 12(1) and (2) – Supply, before first occupation, of a building or parts of a building and of the land on which the building stands – No provisions in national law providing for detailed rules for applying the criterion relating to first occupation – Article 135(1)(j) – Exemptions – Supply, after conversion, of a building which was the subject of a first occupation before the conversion – National administrative legal commentary treating buildings which have undergone substantial conversions in the same way as new buildings.#Case C-239/22.cjeu_case · 9 mars 2023
19109Judgment of the Court (Eighth Chamber) of 9 March 2023.#État belge and Promo 54 v Promo 54 and État belge.#Request for a preliminary ruling from the Cour de cassation.#Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 12(1) and (2) – Supply, before first occupation, of a building or parts of a building and of the land on which the building stands – No provisions in national law providing for detailed rules for applying the criterion relating to first occupation – Article 135(1)(j) – Exemptions – Supply, after conversion, of a building which was the subject of a first occupation before the conversion – National administrative legal commentary treating buildings which have undergone substantial conversions in the same way as new buildings.#Case C-239/22.cjeu_case · 9 mars 2023
19110Judgment of the Court (Ninth Chamber) of 9 March 2023.#JA v Wurth Automotive GmbH.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Jurisdiction over consumer contracts – Concept of ‘consumer’ – Conduct of the person claiming the status of consumer that may give rise to the impression, on the part of the other contracting party, that he or she is acting for professional purposes.#Case C-177/22.cjeu_case · 9 mars 2023
19111Judgment of the Court (Ninth Chamber) of 9 March 2023.#JA v Wurth Automotive GmbH.#Request for a preliminary ruling from the Landesgericht Salzburg.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Jurisdiction over consumer contracts – Concept of ‘consumer’ – Conduct of the person claiming the status of consumer that may give rise to the impression, on the part of the other contracting party, that he or she is acting for professional purposes.#Case C-177/22.cjeu_case · 9 mars 2023
19112Judgment of the Court (Third Chamber) of 9 March 2023.#Sogefinancement SAS v RW and UV.#Reference for a preliminary ruling – Consumer protection – Directive 2008/48/EC – Credit agreements for consumers – Scope – Right of withdrawal – Article 14(7) – National provisions establishing a period of time during which the performance of the contract may not begin – National procedural rules governing how the national courts raise of their own motion and penalise breaches of those provisions – Article 23 – Effective, proportionate and dissuasive sanctions.#Case C-50/22.cjeu_case · 9 mars 2023
19113Judgment of the Court (Third Chamber) of 9 March 2023.#Sogefinancement SAS v RW and UV.#Request for a preliminary ruling from the Cour d'appel de Paris.#Reference for a preliminary ruling – Consumer protection – Directive 2008/48/EC – Credit agreements for consumers – Scope – Right of withdrawal – Article 14(7) – National provisions establishing a period of time during which the performance of the contract may not begin – National procedural rules governing how the national courts raise of their own motion and penalise breaches of those provisions – Article 23 – Effective, proportionate and dissuasive sanctions.#Case C-50/22.cjeu_case · 9 mars 2023
19114Judgment of the Court (Ninth Chamber) of 9 March 2023.#Generali Seguros SA v Autoridade Tributária e Aduaneira.#Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Exemption from VAT – Article 135(1)(a) – Exemption of insurance and reinsurance transactions – Article 136(a) – Exemption of supplies of goods used solely for an exempt activity – Concept of ‘insurance transactions’ – Resale of parts from written-off motor vehicles purchased from insured persons – Principle of fiscal neutrality.#Case C-42/22.cjeu_case · 9 mars 2023
19115Judgment of the Court (Ninth Chamber) of 9 March 2023.#Generali Seguros SA v Autoridade Tributária e Aduaneira.#Request for a preliminary ruling from the Supremo Tribunal Administrativo.#Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Exemption from VAT – Article 135(1)(a) – Exemption of insurance and reinsurance transactions – Article 136(a) – Exemption of supplies of goods used solely for an exempt activity – Concept of ‘insurance transactions’ – Resale of parts from written-off motor vehicles purchased from insured persons – Principle of fiscal neutrality.#Case C-42/22.cjeu_case · 9 mars 2023
19116Judgment of the Court (Seventh Chamber) of 9 March 2023.#NJ and OZ v An Bord Pleanála and Others.#Reference for a preliminary ruling – Environment – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Article 2(a) – Concept of ‘plans and programmes’ – Article 3(2)(a) – Environmental assessment – Non-statutory act prepared by a municipal council and a developer – Directive 2011/92/EU – Assessment of the effects of certain public and private projects on the environment – Article 3(1) – Obligation to identify, describe and assess in an appropriate manner, in the light of each individual case, the direct and indirect effects of a project – Binding ministerial guidelines on building height.#Case C-9/22.cjeu_case · 9 mars 2023
19117Judgment of the Court (Seventh Chamber) of 9 March 2023.#NJ and OZ v An Bord Pleanála and Others.#Reference for a preliminary ruling – Environment – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Article 2(a) – Concept of ‘plans and programmes’ – Article 3(2)(a) – Environmental assessment – Non-statutory act prepared by a municipal council and a developer – Directive 2011/92/EU – Assessment of the effects of certain public and private projects on the environment – Article 3(1) – Obligation to identify, describe and assess in an appropriate manner, in the light of each individual case, the direct and indirect effects of a project – Binding ministerial guidelines on building height.#Case C-9/22.cjeu_case · 9 mars 2023
19118Opinion of Advocate General Rantos delivered on 9 March 2023.#Fractal Insolvenţă SPRL, en tant que liquidateur de Groenland Poultry SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură - Centrul Judeţean Dâmboviţa.#Request for a preliminary ruling from the Curtea de Apel Bucureşti.#Reference for a preliminary ruling – Common agricultural policy – European Agricultural Fund for Rural Development (EAFRD) – Rural development support measures – Animal welfare payments – Regulation (EC) No 1974/2006 – Article 44(1) and (2)(a) – Article 47(1) – Transfer of an agricultural holding to a new beneficiary – Subsequent cessation, by that beneficiary, of agricultural activities – ‘Force majeure or exceptional circumstances’ – Obligation to reimburse all or part of the aid received – Principle of proportionality.#Case C-169/22.cjeu_case · 9 mars 2023
19119Opinion of Advocate General Richard de la Tour delivered on 9 March 2023.#OE v Minister for Justice and Equality.#Request for a preliminary ruling from the Supreme Court.#Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 27 – Prosecution for an offence committed prior to the person’s surrender other than that for which he or she was surrendered – Request for consent sent to the executing judicial authority – European arrest warrant issued by the public prosecutor of a Member State which is not an issuing judicial authority – Consequences for the request for consent.#Case C-142/22.cjeu_case · 9 mars 2023
19120Opinion of Advocate General Pikamäe delivered on 9 March 2023.#LACD GmbH v BB Sport GmbH & Co. KG.#Request for a preliminary ruling from the Bundesgerichtshof.#Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Point 14 of Article 2 – Directive (EU) 2019/771 – Point 12 of Article 2 – Commercial guarantee – Specifications or any other requirements not related to the conformity of the goods sold, set out in the guarantee statement or in the relevant advertising – Undertaking by a guarantor in respect of the consumer’s satisfaction with the goods purchased – Verification that the consumer is not satisfied.#Case C-133/22.cjeu_case · 9 mars 2023