Документы: Европейский Союз

24621

Judgment of the Court (Sixth Chamber) of 12 October 2023.#FL v Autoridade Tributária e Aduaneira.#Reference for a preliminary ruling – Article 56 EC – Free movement of capital – Personal income tax – Taxation of interest income from bonds and debt instruments – Interest due and paid by entities not resident in the national territory – Difference in treatment according to the place of establishment of the issuing entity and the paying entity for the interest concerned – Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Directive 2003/48/EC – Article 2(4) – Taxation of savings income in the form of interest payments from a Swiss source – Obligation to apply the same tax rates as those applied to similar domestic income.#Case C-312/22.

cjeu_case · 12 октября 2023 г.

24622

Judgment of the Court (Sixth Chamber) of 12 October 2023.#FL v Autoridade Tributária e Aduaneira.#Request for a preliminary ruling from the Supremo Tribunal Administrativo.#Reference for a preliminary ruling – Article 56 EC – Free movement of capital – Personal income tax – Taxation of interest income from bonds and debt instruments – Interest due and paid by entities not resident in the national territory – Difference in treatment according to the place of establishment of the issuing entity and the paying entity for the interest concerned – Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Directive 2003/48/EC – Article 2(4) – Taxation of savings income in the form of interest payments from a Swiss source – Obligation to apply the same tax rates as those applied to similar domestic income.#Case C-312/22.

cjeu_case · 12 октября 2023 г.

24623

Judgment of the Court (Fifth Chamber) of 12 October 2023.#KBC Verzekeringen NV v P&V Verzekeringen CVBA.#Reference for a preliminary ruling – Insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Point 1 of Article 1 – Concept of a ‘vehicle’ – National legislation providing for the automatic compensation of certain road users who are the victims of a road accident – Person not driving a ‘motor vehicle’ within the meaning of that legislation – Concept equivalent to that of ‘vehicle’ within the meaning of Directive 2009/103 – Bicycle equipped with an electric motor providing pedal assistance, equipped with a boost function which can be activated only after the use of muscular power.#Case C-286/22.

cjeu_case · 12 октября 2023 г.

24624

Judgment of the Court (Fifth Chamber) of 12 October 2023.#KBC Verzekeringen NV v P&V Verzekeringen CVBA.#Request for a preliminary ruling from the Hof van Cassatie.#Reference for a preliminary ruling – Insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Point 1 of Article 1 – Concept of a ‘vehicle’ – National legislation providing for the automatic compensation of certain road users who are the victims of a road accident – Person not driving a ‘motor vehicle’ within the meaning of that legislation – Concept equivalent to that of ‘vehicle’ within the meaning of Directive 2009/103 – Bicycle equipped with an electric motor providing pedal assistance, equipped with a boost function which can be activated only after the use of muscular power.#Case C-286/22.

cjeu_case · 12 октября 2023 г.

24625

Judgment of the Court (Sixth Chamber) of 12 October 2023.#YQ v Ředitelství silnic a dálnic ČR.#Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Organisation of working time – Directive 2003/88/EC – Article 7(1) – Right to paid annual leave – Worker unlawfully dismissed and then reinstated in his or her employment by decision of a court – Exclusion from the right to paid annual leave not taken for the period between the dismissal and the reinstatement – Period between the date of dismissal and the date of the reinstatement.#Case C-57/22.

cjeu_case · 12 октября 2023 г.

24626

Judgment of the Court (Sixth Chamber) of 12 October 2023.#YQ v Ředitelství silnic a dálnic ČR.#Request for a preliminary ruling from the Nejvyšší soud.#Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Organisation of working time – Directive 2003/88/EC – Article 7(1) – Right to paid annual leave – Worker unlawfully dismissed and then reinstated in his or her employment by decision of a court – Exclusion from the right to paid annual leave not taken for the period between the dismissal and the reinstatement – Period between the date of dismissal and the date of the reinstatement.#Case C-57/22.

cjeu_case · 12 октября 2023 г.

24627

Judgment of the Court (Seventh Chamber) of 12 October 2023.#HK v Service fédéral des Pensions (SFP).#Reference for a preliminary ruling – Social security for migrant workers – Regulation (EC) No 883/2004 – Article 55(1)(a) – Overlapping of benefits of a different kind – Application of national rules against overlapping – Calculation of the survivors’ pension – Division of the amounts of the benefit or benefits or other income, as taken into account, by the number of benefits – Concept of ‘amounts as they have been taken into account’.#Case C-45/22.

cjeu_case · 12 октября 2023 г.

24628

Judgment of the Court (Seventh Chamber) of 12 October 2023.#HK v Service fédéral des Pensions.#Request for a preliminary ruling from the Tribunal du travail francophone de Bruxelles.#Reference for a preliminary ruling – Social security for migrant workers – Regulation (EC) No 883/2004 – Article 55(1)(a) – Overlapping of benefits of a different kind – Application of national rules against overlapping – Calculation of the survivors’ pension – Division of the amounts of the benefit or benefits or other income, as taken into account, by the number of benefits – Concept of ‘amounts as they have been taken into account’.#Case C-45/22.

cjeu_case · 12 октября 2023 г.

24629

Judgment of the Court (Third Chamber) of 12 October 2023.#OP v Notariusz Justyna Gawlica.#Reference for a preliminary ruling – Judicial cooperation in civil matters – National law applicable in matters of succession – Regulation (EU) No 650/2012 – Article 22 – Choice-of-law clause – Scope ratione personae – Third-country national – Article 75 – Relationship with existing international conventions – Bilateral agreement between the Republic of Poland and Ukraine.#Case C-21/22.

cjeu_case · 12 октября 2023 г.

24630

Judgment of the Court (Third Chamber) of 12 October 2023.#OP v Notariusz Justyna Gawlica.#Request for a preliminary ruling from the Sąd Okręgowy w Opolu.#Reference for a preliminary ruling – Judicial cooperation in civil matters – National law applicable in matters of succession – Regulation (EU) No 650/2012 – Article 22 – Choice-of-law clause – Scope ratione personae – Third-country national – Article 75 – Relationship with existing international conventions – Bilateral agreement between the Republic of Poland and Ukraine.#Case C-21/22.

cjeu_case · 12 октября 2023 г.

24631

Judgment of the Court (First Chamber) of 12 October 2023.#Est Wind Power OÜ v AS Elering.#Reference for a preliminary ruling – Aid granted by Member States – Renewable energy subsidy – Construction of a wind farm – Communication from the Commission entitled ‘Guidelines on State aid for environmental protection and energy 2014-2020’ – Paragraph 19(44) and footnote 66 – Concepts of ‘start of works’, ‘construction works on the investment’, ‘other commitment that makes the investment irreversible’ and ‘necessary state authorisation for constructing the project’ – Type and intensity of the scrutiny that must be conducted by the competent national authority.#Case C-11/22.

cjeu_case · 12 октября 2023 г.

24632

Judgment of the Court (First Chamber) of 12 October 2023.#Est Wind Power OÜ v AS Elering.#Request for a preliminary ruling from the Tallinna Halduskohus.#Reference for a preliminary ruling – Aid granted by Member States – Renewable energy subsidy – Construction of a wind farm – Communication from the Commission entitled ‘Guidelines on State aid for environmental protection and energy 2014-2020’ – Paragraph 19(44) and footnote 66 – Concepts of ‘start of works’, ‘construction works on the investment’, ‘other commitment that makes the investment irreversible’ and ‘necessary state authorisation for constructing the project’ – Type and intensity of the scrutiny that must be conducted by the competent national authority.#Case C-11/22.

cjeu_case · 12 октября 2023 г.

24633

Opinion of Advocate General Richard de la Tour delivered on 12 October 2023.#Inkreal s.r.o. v Dúha reality s.r.o.#Request for a preliminary ruling from the Nejvyšší soud.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Scope – Article 25 – Agreement conferring jurisdiction – Parties to a contract established in the same Member State – Jurisdiction of the courts of another Member State to settle disputes arising from that contract – International element.#Case C-566/22.

cjeu_case · 12 октября 2023 г.

24634

Opinion of Advocate General Collins delivered on 12 October 2023.#X v Raad van bestuur van de Sociale verzekeringsbank.#Request for a preliminary ruling from the Centrale Raad van Beroep.#Reference for a preliminary ruling – EC-Algeria Association Agreement – Social security for Algerian migrant workers and their survivors – Transfer of benefits to Algeria at the rates applied by virtue of the legislation of the debtor Member State – Survivors’ benefit – National legislation applying the country-of-residence principle – Residence clause involving a reduction in the amount of survivors’ benefit for recipients residing in Algeria.#Case C-549/22.

cjeu_case · 12 октября 2023 г.

24635

Case C-645/22, Luminor Bank: Judgment of the Court (Ninth Chamber) of 12 October 2023 (request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas — Lithuania) — R.A. and Others v ‘Luminor Bank AS’, acting through ‘Luminor Bank AS’ Lietuvos skyrius (Reference for a preliminary ruling — Unfair terms in consumer contracts — Directive 93/13/EEC — Effects of a term being found to be unfair — Intention of a consumer to preserve a contract by amending the terms found to be unfair — Powers of the national court)

cjeu_case · 12 октября 2023 г.

24636

Case C-445/22 P: Judgment of the Court (Ninth Chamber) of 12 October 2023 — Larko Geniki Metalleftiki kai Mettalourgiki AE v Commission (Appeal — Measures of support taken by the Greek authorities in favour of the applicant in the context of a programme for the privatisation of the undertaking — Capital injections and State guarantees — Decision of the European Commission declaring that those measures constitute State aid incompatible with the internal market)

cjeu_case · 12 октября 2023 г.

24637

Case C-326/22, Z. (Right to obtain a duplicate of a credit agreement): Judgment of the Court (Tenth Chamber) of 12 October 2023 (request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie — Poland) — Z. sp. z o.o. v A. S.A. (Reference for a preliminary ruling — Consumer protection — Credit agreements for consumers — Directive 2008/48/EC — Article 16(1) — Contractual rights and obligations — Early repayment — Reduction in the total cost of the credit for consumers — Loss of a copy of the agreement — Right to obtain a duplicate of the agreement from the creditor)

cjeu_case · 12 октября 2023 г.

24638

Case C-312/22, Autoridade Tributária e Aduaneira (Taxation of interest on bonds and debt instruments): Judgment of the Court (Sixth Chamber) of 12 October 2023 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — FL v Autoridade Tributária e Aduaneira (Reference for a preliminary ruling — Article 56 EC — Free movement of capital — Personal income tax — Taxation of interest income from bonds and debt instruments — Interest due and paid by entities not resident in the national territory — Difference in treatment according to the place of establishment of the issuing entity and the paying entity for the interest concerned — Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Directive 2003/48/EC — Article 2(4) — Taxation of savings income in the form of interest payments from a Swiss source — Obligation to apply the same tax rates as those applied to similar domestic income)

cjeu_case · 12 октября 2023 г.

24639

Case C-286/22, KBC Verzekeringen: Judgment of the Court (Fifth Chamber) of 12 October 2023 (request for a preliminary ruling from the Hof van Cassatie — Belgium) — KBC Verzekeringen NV v P&V Verzekeringen CVBA (Reference for a preliminary ruling — Insurance against civil liability in respect of the use of motor vehicles — Directive 2009/103/EC — Point 1 of Article 1 — Concept of a ‘vehicle’ — National legislation providing for the automatic compensation of certain road users who are the victims of a road accident — Person not driving a ‘motor vehicle’ within the meaning of that legislation — Concept equivalent to that of ‘vehicle’ within the meaning of Directive 2009/103 — Bicycle equipped with an electric motor providing pedal assistance, equipped with a boost function which can be activated only after the use of muscular power)

cjeu_case · 12 октября 2023 г.

24640

Case C-57/22, Ředitelství silnic a dálnic: Judgment of the Court (Sixth Chamber) of 12 October 2023 (request for a preliminary ruling from the Nejvyšší soud — Czech Republic) — YQ v Ředitelství silnic a dálnic ČR (Reference for a preliminary ruling — Social policy — Protection of the safety and health of workers — Organisation of working time — Directive 2003/88/EC — Article 7(1) — Right to paid annual leave — Worker unlawfully dismissed and then reinstated in his or her employment by decision of a court — Exclusion from the right to paid annual leave not taken for the period between the dismissal and the reinstatement — Period between the date of dismissal and the date of the reinstatement)

cjeu_case · 12 октября 2023 г.