Документы: Европейский Союз

Наднациональное объединение 27 государств. Официальные документы (регламенты, директивы, решения) публикуются через Publications Office of the EU (Cellar/EUR-Lex). Практика Суда ЕС (CJEU) — тоже орган ЕС.

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regulation (161334) cjeu_case (104314) decision (43198) directive (8067)
316 913 документов
22361

Opinion of Advocate General Campos Sánchez-Bordona delivered on 11 January 2024.#BP France SAS v Ministre de l’Économie, des Finances et de la Souveraineté industrielle et numérique.#Request for a preliminary ruling from the Conseil d'état (France).#Reference for a preliminary ruling – Promotion of the use of energy from renewable sources – Directive 2009/28/EC – Articles 17 and 18 – Directive 2018/2001/EC – Articles 25, 29 and 30 – Sustainability and greenhouse gas emissions saving criteria – Verification of compliance with those criteria – Biofuels used for transport – Production of fuels using the co-processing procedure – Evidence of compliance with those sustainability criteria – Mass balance method – Methods for evaluating the content of hydrotreated vegetable oils (HVO) in fuels produced using that procedure – Member State’s legislation requiring a physical carbon-14 analysis – Article 34 TFEU – Free movement of goods.#Case C-624/22.

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22362

Opinion of Advocate General Emiliou delivered on 11 January 2024.#SN and LN v Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite.#Request for a preliminary ruling from the Administrativen sad Sofia-grad.#Reference for a preliminary ruling – Common policy on asylum and subsidiary protection – Directive 2011/95/EU – Article 12 – Exclusion from being a refugee – Person registered with the United Nations Relief and Works Agency (for Palestine Refugees in the Near East) (UNRWA) – Conditions for that person to be entitled ipso facto to the benefits of Directive 2011/95/EU – Cessation of UNRWA’s protection or assistance – Article 4 – General situation prevailing in a sector of UNRWA’s area of operations – Individual assessment of relevant elements – Directive 2013/32/EU – Article 40 – Subsequent application for international protection – New elements – Elements already examined in the final decision on the previous application.#Case C-563/22.

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22363

Opinion of Advocate General Kokott delivered on 11 January 2024.#Google LLC and Alphabet Inc. v European Commission.#Appeal – Competition – Abuse of dominant position – Markets for online general search services and specialised product search services – Decision finding an infringement of Article 102 TFEU and Article 54 of the Agreement on the European Economic Area (EEA) – Leveraging abuse – Competition on the merits or anticompetitive practice – Dominant undertaking favouring the display of results from its own specialised search service – Potential anticompetitive effects – Causal link between abuse and effects – Burden of proof – Counterfactual scenario – Capability of foreclosing – ‘As-efficient competitor’ test.#Case C-48/22 P.

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22365

Case C-755/22, Nárokuj: Judgment of the Court (Third Chamber) of 11 January 2024 (request for a preliminary ruling from the Okresní soud Praha-západ — Czech Republic) — Nárokuj s.r.o. v EC Financial Services, a.s. (Reference for a preliminary ruling — Consumer protection — Directive 2008/48/EC — Credit agreements for consumers — Article 8 — Obligation of a creditor to check a consumer’s creditworthiness — Regularisation of a breach due to full performance of the credit agreement — Article 23 — Effective, proportionate and dissuasive penalties — Credit agreement void and creditor’s entitlement to payment of the agreed interest forfeited — No harmful consequences for the consumer — Holding creditors accountable and preventing irresponsible practices when granting credit to consumers)

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22366

Case C-537/22, Global Ink Trade: Judgment of the Court (First Chamber) of 11 January 2024 (request for a preliminary ruling from the Fővárosi Törvényszék — Hungary) — Global Ink Trade Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága (Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Refusal of the right to deduct — Obligations of the taxable person — Duty of diligence — Burden of proof — Principles of fiscal neutrality and legal certainty — Primacy of EU law — Conflict between the case-law of a national court and EU law)

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22367

Case C-524/22 P: Judgment of the Court (Sixth Chamber) of 11 January 2024 — Amer Foz v Council of the European Union (Appeal — Common foreign and security policy — Restrictive measures adopted against Syria — Measures directed against persons associated with persons and entities subject to restrictive measures — Lists of persons subject to the freezing of funds and economic resources — Proof that inclusion of the appellant’s name on those lists is well founded)

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22368

Case C-517/22 P: Judgment of the Court (Third Chamber) of 11 January 2024 — Eurobolt BV, Fabory Nederland BV, ASF Fischer BV v European Commission, Stafa Group BV (Appeal — Dumping — Extension of the anti-dumping duty imposed on imports of certain iron or steel fasteners originating in China to imports consigned from Malaysia — Compliance with the judgment of 3 July 2019, Eurobolt (C 644/17, EU:C:2019:555) — Re-imposition of a definitive anti-dumping duty — Implementing Regulation (EU) 2020/611 — Validity)

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22369

Case C-473/22, Mylan: Judgment of the Court (Third Chamber) of 11 January 2024 (request for a preliminary ruling from the markkinaoikeus (Finland)) — Mylan AB v Gilead Sciences Finland Oy, Gilead Biopharmaceutics Ireland UC, Gilead Sciences Inc. (Reference for a preliminary ruling — Intellectual and industrial property — Medicinal product for human use — Supplementary protection certificate (SPC) — Directive 2004/48/EC — Article 9(7) — Placing on the market of products infringing SPC rights — Provisional measures ordered on the basis of an SPC — Subsequent invalidity of the SPC and revocation of the measures — Consequences — Right to appropriate compensation for losses caused by the provisional measures — Liability of the applicant for those measures for losses caused by them — National legislation providing for strict liability)

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22370

Case C-440/22 P: Judgment of the Court (Ninth Chamber) of 11 January 2024 — Wizz Air Hungary Légiközlekedési Zrt. (Wizz Air Hungary Zrt.) v European Commission (Appeal — State aid — Air transport — Romania — Rescue aid to TAROM — Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty — Decision of the European Commission not to raise objections on the ground that the measures constitute aid compatible with the internal market)

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22371

Case C-433/22, HPA — Construções: Judgment of the Court (Eighth Chamber) of 11 January 2024 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Autoridade Tributária e Aduaneira v HPA — Construções SA (Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Annex IV — Point 2 — Temporary provisions for particular labour-intensive services — Reduced rate of VAT applicable to the renovation and repairing of private dwellings — Definition of ‘private dwellings’)

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22372

Case C-371/22, G (Early termination fees): Judgment of the Court (Fifth Chamber) of 11 January 2024 (request for a preliminary ruling from the Sąd Okręgowy w Warszawie — Poland) — G sp. z o.o. v W S.A. (Reference for a preliminary ruling — Internal market in electricity — Directive 2009/72/EC — Article 3(5) and (7) — Consumer protection — Right to switch — Non-household customer — Fixed-term, fixed-price electricity supply contract concluded with a small undertaking — Contractual penalty for early termination — National legislation limiting the amount of that penalty to the ‘costs and damages resulting from the contract’)

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22373

Case C-363/22 P: Judgment of the Court (Fifth Chamber) of 11 January 2024 — Planistat Europe SARL, Hervé-Patrick Charlot v European Commission (Appeal — Second paragraph of Article 340 TFEU — Non-contractual liability of the European Union — Regulation (EC) No 1073/1999 — Investigations conducted by the European Anti-Fraud Office (OLAF) — External investigation by OLAF — ‘Eurostat’ case — Forwarding by OLAF of information concerning matters liable to result in criminal proceedings to the national judicial authorities before the conclusion of the investigation — Filing of a complaint by the European Commission before the conclusion of the OLAF investigation — National criminal proceedings — Ruling that there is no need to adjudicate which has become final — Concept of a ‘sufficiently serious breach’ of a rule of EU law intended to confer rights on individuals — Material and non-material damage allegedly suffered by the appellants — Actions for damages)

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22374

Case C-361/22, Inditex: Judgment of the Court (Fourth Chamber) of 11 January 2024 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Industria de Diseño Textil, SA (Inditex) v Buongiorno Myalert SA (Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 6(1)(c) — Limitation of the effects of the trade mark — Use of a trade mark to indicate the intended purpose of a product or service — Directive (EU) 2015/2436 — Article 14(1)(c))

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22375

Case C-330/22, Friends of the Irish Environment (Fixing fishing quotas above zero): Judgment of the Court (Fifth Chamber) of 11 January 2024 (request for a preliminary ruling from the High Court — Ireland) — Friends of the Irish Environment CLG v Minister for Agriculture, Food and the Marine, Ireland, Attorney General (Reference for a preliminary ruling — Common fisheries policy — Conservation of resources — Total allowable catches (TACs) applicable to stocks of cod in the West of Scotland and the Celtic Sea, whiting in the Irish Sea and plaice in the Celtic Sea South — Regulation (EU) 2020/123 — Annex IA — TACs above zero — Expiry of the period of application — Assessment of validity — Regulation (EU) No 1380/2013 — Article 2(2), second subparagraph — Objective of achieving a maximum sustainable yield (MSY) exploitation rate at the latest by 2020 for all stocks — Articles 2, 3, 9, 10, 15 and 16 — Socioeconomic and employment objectives — Best available scientific advice — Landing obligation — Mixed fisheries — ‘Choke species’ — Regulation (EU) 2019/472 — Articles 1 to 5, 8 and 10 — Target stocks — By-catches — Remedial measures — Discretion)

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22376

Case C-252/22, Societatea Civilă Profesională de Avocaţi AB & CD: Judgment of the Court (Fourth Chamber) of 11 January 2024 (request for a preliminary ruling from the Curtea de Apel Târgu-Mureş — Romania) — Societatea Civilă Profesională de Avocaţi AB & CD v Consiliul Judeţean Suceava, Preşedintele Consiliului Judeţean Suceava, Agenţia pentru Protecţia Mediului Bacău, Consiliul Local al Comunei Pojorâta (Reference for a preliminary ruling — Environment — Aarhus Convention — Article 9(3) to (5) — Access to justice — Law firm partnership — Action seeking to challenge administrative measures — Admissibility — Conditions laid down by national law — No impairment of a right or undermining of a legitimate interest — Not prohibitively expensive judicial proceedings — Allocation of costs — Criteria)

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22377

Case C-231/22, État belge (Data processed by an official journal): Judgment of the Court (Third Chamber) of 11 January 2024 (request for a preliminary ruling from the cour d’appel de Bruxelles — Belgium) — État belge v Autorité de protection des données (Reference for a preliminary ruling — Approximation of laws — Protection of natural persons with regard to the processing of personal data and free movement of such data (General Data Protection Regulation) — Regulation (EU) 2016/679 — Point 7 of Article 4 — Concept of ‘controller’ — Official journal of a Member State — Obligation to publish as they stand company documents prepared by companies or their legal representatives — Article 5(2) — Successive processing of the personal data contained in such documents by several separate persons or entities — Determination of responsibilities)

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22378

Case C-122/22 P: Judgment of the Court (Fourth Chamber) of 11 January 2024 — Dyson Ltd, Dyson Technology Ltd, Dyson Operations Pte Ltd, Dyson Manufacturing Sdn Bhd, Dyson Spain SLU, Dyson Austria GmbH, Dyson sp. z o.o., Dyson Ireland Ltd, Dyson GmbH, Dyson SAS, Dyson Srl, Dyson Sweden AB, Dyson Denmark ApS, Dyson Finland Oy, Dyson BV v European Commission (Appeal — Energy — Directive 2010/30/EU — Indication by labelling and standard product information of the consumption of energy and other resources by energy-related products — Delegated regulation of the European Commission supplementing that directive — Energy labelling of vacuum cleaners — Annulment — Actions for damages — Non-contractual liability of the European Union — Requirement of a sufficiently serious breach of a rule of law intended to confer rights on individuals — Manifest and grave disregard for the limits of discretion — Relevant factors in the case of the absence of any discretion)

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22379

Case C-111/22 P: Judgment of the Court (First Chamber) of 11 January 2024 — Helene Hamers v European Centre for the Development of Vocational Training (Cedefop) (Appeal — Civil service — Official — Investigation by the European Anti-Fraud Office (OLAF) — National criminal proceedings — National decision to acquit the appellant — Damage allegedly sustained as a result of the unlawful conduct of the European Centre for the Development of Vocational Training (Cedefop) during the national criminal proceedings — Rejection of the claim for damages brought by the appellant — Action for annulment and for damages — Article 41(1) of the Charter of Fundamental Rights of the European Union — Requirement of impartiality — Conflict of interests — Article 48(1) of the Charter of Fundamental Rights — Presumption of innocence — Principle of sincere cooperation — Annulment of the contested decision in part)

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22380

Opinion of Advocate General Richard de la Tour delivered on 11 January 2024.#European Commission v Republic of Poland.#Failure of a Member State to fulfil obligations – Article 20 TFEU – Citizenship of the Union – Article 21 TFEU – Right to move and reside freely within the territory of the Member States – Article 22 TFEU – Right to vote and to stand as a candidate in municipal and European Parliament elections in the Member State of residence under the same conditions as nationals of that State – Citizens of the Union residing in a Member State of which they are not nationals – No right to be a member of a political party – Articles 2 and 10 TEU – Democratic principle – Article 4(2) TEU – Respect for the national identity of the Member States – Article 12 of the Charter of Fundamental Rights of the European Union – Role of political parties in expressing the will of citizens of the Union.#Case C-814/21.

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