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regulation (161334) cjeu_case (104314) decision (43198) directive (8067)
316 913 документов
21961

Judgment of the Court (Sixth Chamber) of 25 January 2024.#GC and Others v Croce Rossa Italiana and Others.#Reference for a preliminary ruling – Article 267 TFEU – Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling – Exceptions to that obligation – Criteria – Situations in which the correct interpretation of EU law is so obvious as to leave no scope for any reasonable doubt – Condition related to the national court or tribunal of last instance being convinced that the matter would be equally obvious to the other courts or tribunals of last instance of the Member States and to the Court of Justice – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clauses 2 and 3 – Concept of ‘fixed-term worker’ – Members of the military corps of the Italian Red Cross – Clause 5 – Measures seeking to prevent and, where relevant, punish abuse arising from the use of successive fixed-term employment contracts or relationships – Conversion of the status of ‘fixed-term workers’ into that of ‘permanent workers’ – Clause 4 – Principle of non-discrimination.#Case C-389/22.

cjeu_case ·
21962

Judgment of the Court (Sixth Chamber) of 25 January 2024.#GC and Others v Croce Rossa Italiana and Others.#Request for a preliminary ruling from the Consiglio di Stato.#Reference for a preliminary ruling – Article 267 TFEU – Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling – Exceptions to that obligation – Criteria – Situations in which the correct interpretation of EU law is so obvious as to leave no scope for any reasonable doubt – Condition related to the national court or tribunal of last instance being convinced that the matter would be equally obvious to the other courts or tribunals of last instance of the Member States and to the Court of Justice – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clauses 2 and 3 – Concept of ‘fixed-term worker’ – Members of the military corps of the Italian Red Cross – Clause 5 – Measures seeking to prevent and, where relevant, punish abuse arising from the use of successive fixed-term employment contracts or relationships – Conversion of the status of ‘fixed-term workers’ into that of ‘permanent workers’ – Clause 4 – Principle of non-discrimination.#Case C-389/22.

cjeu_case ·
21963

Judgment of the Court (Fourth Chamber) of 25 January 2024.#Audi AG v GQ.#Reference for a preliminary ruling – EU trade mark – Regulation (EU) 2017/1001 – Article 9(2) and (3)(a) to (c) – Right conferred by an EU trade mark – Concept of ‘using in the course of trade any sign’ – Article 14(1)(c) – Limitations on the effects of an EU trade mark – Right of the proprietor of an EU trade mark to oppose the use by a third party of a sign identical with, or similar to, the trade mark for motor vehicle spare parts – Component of a radiator grille designed for the attachment of an emblem representing the trade mark of a motor vehicle manufacturer.#Case C-334/22.

cjeu_case ·
21964

Judgment of the Court (Fourth Chamber) of 25 January 2024.#Audi AG v GQ.#Request for a preliminary ruling from the Sąd Okręgowy w Warszawie.#Reference for a preliminary ruling – EU trade mark – Regulation (EU) 2017/1001 – Article 9(2) and (3)(a) to (c) – Right conferred by an EU trade mark – Concept of ‘using in the course of trade any sign’ – Article 14(1)(c) – Limitations on the effects of an EU trade mark – Right of the proprietor of an EU trade mark to oppose the use by a third party of a sign identical with, or similar to, the trade mark for motor vehicle spare parts – Component of a radiator grille designed for the attachment of an emblem representing the trade mark of a motor vehicle manufacturer.#Case C-334/22.

cjeu_case ·
21965

Judgment of the Court (Eighth Chamber) of 25 January 2024.#Global NRG Kereskedelmi és Tanácsadó Zrt. v Magyar Energetikai és Közmű-szabályozási Hivatal.#Reference for a preliminary ruling – Internal market in natural gas – Directive 2009/73/EC – Article 41(17) – Natural gas transmission system – National regulatory authority – Fixing of system usage charges and connection fees – Fixing of remuneration for any services provided by the system operator – Concept of ‘a party affected by a decision of a regulatory authority’ – Appeal against that decision – Right to an effective remedy – Article 47 of the Charter of Fundamental Rights of the European Union.#Case C-277/22.

cjeu_case ·
21966

Judgment of the Court (Eighth Chamber) of 25 January 2024.#Global NRG Kereskedelmi és Tanácsadó Zrt. v Magyar Energetikai és Közmű-szabályozási Hivatal.#Request for a preliminary ruling from the Fővárosi Törvényszék.#Reference for a preliminary ruling – Internal market in natural gas – Directive 2009/73/EC – Article 41(17) – Natural gas transmission system – National regulatory authority – Fixing of system usage charges and connection fees – Fixing of remuneration for any services provided by the system operator – Concept of ‘a party affected by a decision of a regulatory authority’ – Appeal against that decision – Right to an effective remedy – Article 47 of the Charter of Fundamental Rights of the European Union.#Case C-277/22.

cjeu_case ·
21967

Judgment of the Court (First Chamber) of 25 January 2024.#Criminal proceedings against NR.#Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Article 50 – Principle ne bis in idem – Criminal proceedings brought in rem – Order that no further action be taken adopted by a public prosecutor – Admissibility of subsequent criminal proceedings brought in personam for the same facts – Conditions that must be satisfied in order for a person to be regarded as having been finally acquitted or convicted – Requirement for a detailed investigation – No interview of a possible witness – No interview of the person concerned in the capacity of ‘suspect’.#Case C-58/22.

cjeu_case ·
21968

Judgment of the Court (First Chamber) of 25 January 2024.#Criminal proceedings against NR.#Request for a preliminary ruling from the Curtea de Apel Craiova.#Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Article 50 – Principle ne bis in idem – Criminal proceedings brought in rem – Order that no further action be taken adopted by a public prosecutor’s office – Admissibility of later criminal proceedings brought in personam in respect of the same facts – Conditions to be satisfied for it to be held that a person has been finally acquitted or convicted – Requirement for a detailed investigation – No interview of a potential witness – No interview of the person concerned as a ‘suspect’.#Case C-58/22.

cjeu_case ·
21969

Opinion of Advocate General Richard de la Tour delivered on 25 January 2024.#Meta Platforms Ireland Limited v Bundesverband der Verbraucherzentralen und Verbraucherverbände - Verbraucherzentrale Bundesverband e.V.#Request for a preliminary ruling from the Bundesgerichtshof.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – First sentence of Article 12(1) – Transparency of information – Article 13(1)(c) and (e) – Obligation of the controller to provide information – Article 80(2) – Representation of data subjects by a consumer protection association – Representative action in the absence of a mandate and independently of the infringement of specific rights of a data subject – Action based on infringement by the controller of its obligation to provide information – Concept of ‘infringement of [the rights of a data subject] as a result of the processing’.#Case C-757/22.

cjeu_case ·
21970

Opinion of Advocate General Medina delivered on 25 January 2024.#QY v Bundesrepublik Deutschland.#Request for a preliminary ruling from the Bundesverwaltungsgericht.#Reference for a preliminary ruling – Area of freedom, security and justice – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Article 33(2)(a) – No possibility for the authorities of a Member State to reject an application for asylum as inadmissible on the ground that refugee status was previously granted in another Member State – Article 4 of the Charter of the Fundamental Rights of the European Union – Risk of being subjected to inhuman or degrading treatment in that other Member State – Examination by those authorities of that application for asylum despite the granting of refugee status in that other Member State – Directive 2011/95/EU – Article 4 – Individual examination.#Case C-753/22.

cjeu_case ·
21971

Opinion of Advocate General Rantos delivered on 25 January 2024.#DISA Suministros y Trading SLU (DISA) v Agencia Estatal de la Administración Tributaria.#Request for a preliminary ruling from the Tribunal Supremo (Supreme Court, Spain),.#Reference for a preliminary ruling – Taxation of energy products and electricity – Directive 2003/96/EC – Article 5 – Excise duty on mineral oils – Regional rate of excise duties on mineral oils on top of the national rate – Differentiated rates of excise duties in the territory of a Member State according to the region in which the product is consumed.#Case C-743/22.

cjeu_case ·
21973

Opinion of Advocate General Kokott delivered on 25 January 2024.#Asociación para la Conservación y Estudio del Lobo Ibérico (ASCEL) v Administración de la Comunidad de Castilla y León.#Request for a preliminary ruling from the Tribunal Superior de Justicia 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.#Case C-436/22.

cjeu_case ·
21974

Opinion of Advocate General Pikamäe delivered on 25 January 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 ·
21975

Opinion of Advocate General Kokott delivered on 25 January 2024.#European Commission v HB.#Appeal – Public supply contracts – Irregularities in the procedure for the award of a public contract – European Commission recovery decision adopted after the signature of the contract – Legal nature – Decision not having effects exclusively in the context of that contract – Protection of the European Union’s financial interests – Administrative measures – Exercise of powers as a public authority – Action for annulment – Article 263 TFEU – Jurisdiction of the EU judicature.#Joined Cases C-160/22 P and C-161/22 P.#European Commission v HB.#Appeal – Public supply contracts – Irregularities in the contract award procedure – Decision to recover sums unduly paid – Enforceable decision – Article 299 TFEU – Jurisdiction of the EU judicature.#Case C-597/22 P.

cjeu_case ·
21977

Case C-722/22, Sofiyski gradski sad: Judgment of the Court (Eighth Chamber) of 25 January 2024 (request for a preliminary ruling from the Sofiyski gradski sad — Bulgaria) — in the proceedings brought by Sofiyski gradski sad (Reference for a preliminary ruling — Area of freedom, justice and security — Judicial cooperation in criminal matters — Framework Decision 2005/212/JHA — Confiscation of crime-related proceeds, instrumentalities and property — Third indent of Article 1 — Concept of ‘instrumentality’ — Article 2(1) — Obligation for Member States to take measures to enable the confiscation of instrumentalities from criminal offences — Vehicle used to transport excise goods without a tax marking in breach of the law)

cjeu_case ·
21978

Case C-481/22: Judgment of the Court (Ninth Chamber) of 25 January 2024 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Directive 98/83/EC — Quality of water intended for human consumption — Article 4(1) — Obligation on Member States to take the measures necessary to ensure that water intended for human consumption is wholesome and clean — Annex I, Part B — Exceedance of limit values for concentrations of trihalomethanes in drinking water — Article 8(2) — Obligation on Member States to take the necessary remedial action as soon as possible to restore the quality of the water and to give priority to their enforcement action)

cjeu_case ·
21979

Case C-474/22, Laudamotion (Decision not to take a delayed flight): Judgment of the Court (Third Chamber) of 25 January 2024 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Laudamotion GmbH v flightright GmbH (Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 3(2)(a) — Article 5(1) — Article 7(1) — Compensation for air passengers in the event of long delay of flights — Requirement to present oneself for check-in in good time)

cjeu_case ·
21980

Case C-438/22, Em akaunt BG: Judgment of the Court (Second Chamber) of 25 January 2024 (request for a preliminary ruling from the Sofiyski rayonen sad — Bulgaria) — Em akaunt BG ЕООD v Zastrahovatelno aktsionerno druzhestvo Armeets AD (Reference for a preliminary ruling — Competition — Agreements, decisions and concerted practices — Article 101 TFEU — Setting of minimum fee amounts by a lawyers’ professional organisation — Decision by an association of undertakings — Court prohibited from ordering reimbursement of fees in an amount less than those minimum amounts — Restriction of competition — Justifications — Legitimate objectives — Quality of the services provided by the lawyers — Implementation of the judgment of 23 November 2017, CHEZ Elektro Bulgaria and FrontEx International (C-427/16 and C-428/16, EU:C:2017:890) — Whether the Wouters case-law may be relied on in a situation involving a restriction of competition by object)

cjeu_case ·