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regulation (161334) cjeu_case (104314) decision (43198) directive (8067)
316 913 документов
28722

Judgment of the Court (Fourth Chamber) of 27 April 2023.#M.D. v Országos Idegenrendészeti Főigazgatóság Budapesti és Pest Megyei Regionális Igazgatósága.#Reference for a preliminary ruling – Immigration policy – Article 20 TFEU – Genuine enjoyment of the substance of the rights which flow from the status of EU citizenship – Article 47 of the Charter of Fundamental Rights of the European Union – Directive 2008/115/EC – Common standards and procedures in Member States for returning illegally staying third-country nationals – Articles 5, 11 and 13 – Direct effect – Right to an effective judicial remedy – Decision banning entry and stay adopted in respect of a third-country national, a family member of a minor EU citizen – Threat to national security – Failure to take into account the individual situation of that third-country national – Refusal to comply with a court decision suspending the effects of that prohibition decision – Consequences.#Case C-528/21.

cjeu_case ·
28723

Judgment of the Court (Fourth Chamber) of 27 April 2023.#M.D. v Országos Idegenrendészeti Főigazgatóság
 Budapesti és Pest Megyei Regionális Igazgatósága
 .#Request for a preliminary ruling from the Fővárosi Törvényszék.#Reference for a preliminary ruling – Immigration policy – Article 20 TFEU – Genuine enjoyment of the substance of the rights which flow from the status of EU citizenship – Article 47 of the Charter of Fundamental Rights of the European Union – Directive 2008/115/EC – Common standards and procedures in Member States for returning illegally staying third-country nationals – Articles 5, 11 and 13 – Direct effect – Right to an effective judicial remedy – Decision banning entry and stay adopted in respect of a third-country national, a family member of a minor EU citizen – Threat to national security – Failure to take into account the individual situation of that third-country national – Refusal to comply with a court decision suspending the effects of that prohibition decision – Consequences.#Case C-528/21.

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28726

Judgment of the Court (Sixth Chamber) of 27 April 2023.#A1 and A2 v I.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Rules of jurisdiction in matters relating to insurance – Article 15(5) – Possibility of departing from those jurisdictional rules by agreement – Article 16(5) – Directive 2009/138/EC – Article 13(27) – Concept of ‘large risks’ – Hull insurance contract – Jurisdiction clause between the insurer and the insured – Enforceability of that clause against the insured – Pleasure craft not used for commercial purposes.#Case C-352/21.

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28727

Judgment of the Court (Sixth Chamber) of 27 April 2023.#A1 and A2 v I.#Request for a preliminary ruling from the Østre Landsret.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Rules of jurisdiction in matters relating to insurance – Article 15(5) – Possibility of departing from those jurisdictional rules by agreement – Article 16(5) – Directive 2009/138/EC – Article 13(27) – Concept of ‘large risks’ – Hull insurance contract – Jurisdiction clause between the insurer and the insured – Enforceability of that clause against the insured – Pleasure craft not used for commercial purposes.#Case C-352/21.

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28728

Opinion of Advocate General Campos Sánchez-Bordona delivered on 27 April 2023.#Deutsche Wohnen SE v Staatsanwaltschaft Berlin.#Request for a preliminary ruling from the Kammergericht Berlin.#Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 4(7) – Concept of ‘controller’ – Article 58(2) – Powers of supervisory authorities to apply corrective measures – Article 83 – Imposition of administrative fines on a legal person – Conditions – Discretion of the Member States – Requirement that the infringement be intentional or negligent.#Case C-807/21.

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28729

Opinion of Advocate General Collins delivered on 27 April 2023.#Altice Group Lux Sàrl v European Commission.#Appeal – Competition – Control of concentrations between undertakings – Regulation (EC) No 139/2004 – Plea of illegality – Article 4(1) – Prior notification obligation for concentrations – Article 7(1) – Concentration standstill obligation – Scope – Concept of the ‘implementation’ of a concentration – Article 14(2) – Decision imposing fines for implementing a concentration before its notification and clearance – Obligation to state reasons – Principle of proportionality – Unlimited jurisdiction.#Case C-746/21 P.

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28730

Opinion of Advocate General Pitruzzella delivered on 27 April 2023.#Criminal proceedings against G. ST. T.#Request for a preliminary ruling from the Rayonen sad - Nesebar.#Reference for a preliminary ruling – Enforcement of intellectual property rights – Directive 2004/48/EC – Article 13 – Criminal procedure – Scope – Harm suffered by the trade mark proprietor as a constituent element of the offence – Agreement on Trade-Related Aspects of International Property Rights (TRIPS) – Article 61 – Charter of Fundamental Rights of the European Union – Article 51(1) – Implementation of EU law – Powers – Article 49(1) and (3) – Legality and proportionality of penalties.#Case C-655/21.

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28731

Opinion of Advocate General Szpunar delivered on 27 April 2023.#WA v Direcţia pentru Evidenţa Persoanelor şi Administrarea Bazelor de Date din Ministerul Afacerilor Interne.#Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie.#Reference for a preliminary ruling – Citizenship of the Union – Article 21(1) TFEU – Right to move and reside freely within the territory of the Member States – Article 45 of the Charter of Fundamental Rights of the European Union – Directive 2004/38/EC – Article 4 – Issuance of an identity card – Requirement of domicile in the Member State issuing the document – Refusal by the authorities of that Member State to issue an identity card to one of its nationals domiciled in another Member State – Equal treatment – Restrictions – Justification.#Case C-491/21.

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28732

Opinion of Advocate General Pitruzzella delivered on 27 April 2023.#VB v Natsionalna agentsia za prihodite.#Request for a preliminary ruling from the Varhoven administrativen sad.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 5 – Principles relating to that processing – Article 24 – Accountability of the controller – Article 32 – Measures implemented to ensure security of processing – Assessment of the appropriateness of such measures – Scope of judicial review – Taking of evidence – Article 82 – Right to compensation and liability – Possible exemption from liability of the controller in the event of infringement by third parties – Claim for compensation for non-material damage based on fear of potential misuse of personal data.#Case C-340/21.

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28733

Case C-827/21, Banca A (Application of the Merger Directive in a domestic situation): Judgment of the Court (Ninth Chamber) of 27 April 2023 (request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie — Romania) — Banca A v Agenţia Naţională de Administrare Fiscală (ANAF), Preşedintele ANAF (Reference for a preliminary ruling — Directive 2009/133/EC — Article 7 — Merger by absorption — Purely domestic operation — Primacy of EU law outside the scope of EU law — None — Interpretation of EU law outside its scope — Jurisdiction of the Court to deliver preliminary rulings — Condition — EU law made applicable by national law directly and unconditionally)

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28734

Case C-782/21 P: Judgment of the Court (Sixth Chamber) of 27 April 2023 — Aeris Invest Sàrl v European Central Bank, European Commission, and Banco Santander, S.A. (Appeal — Access to documents of the EU institutions — Decision 2004/258/EC — Application for access to certain documents concerning the adoption of a resolution scheme for Banco Popular Español, S.A. — Refusal to grant access — Article 47 of the Charter of Fundamental Rights of the European Union)

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28735

Case C-705/21, AxFina Hungary: Judgment of the Court (Eighth Chamber) of 27 April 2023 (request for a preliminary ruling from the Győri Ítélőtábla — Hungary) — MJ v AxFina Hungary Zrt. (Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Articles 6 and 7 — Loan agreements denominated in foreign currency — Legal consequences of a declaration that a loan agreement is invalid because of the unfairness of a term in that agreement — Contractual term placing the exchange rate risk on the consumer)

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28736

Case C-694/21 P: Judgment of the Court (Tenth Chamber) of 27 April 2023 — Brunswick Bowling Products LLC, formerly Brunswick Bowling & Billiards Corporation v European Commission, Kingdom of Sweden (Appeal — Consumer protection — Directive 2006/42/EC — Protection of the health and safety of consumers and workers from risks arising from the use of machinery — Measures adopted by the Kingdom of Sweden — Prohibition on the placing on the market of a type of pinsetter machine and a supplementary kit — Withdrawal of machines already placed on the market — Decision of the European Commission declaring the measures justified)

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28737

Case C-686/21, Legea: Judgment of the Court (Tenth Chamber) of 27 April 2023 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — VW v SW, CQ, ET, Legea Srl and Legea Srl v VW, SW, CQ, ET (Reference for a preliminary ruling — Trade mark law — Directive 89/104/EEC — Directive (EU) 2015/2436 — Regulation (EC) No 40/94 — Regulation (EU) 2017/1001 — Exclusive rights of the trade mark proprietor — Trade mark belonging to two or more persons — Conditions on majority required between joint proprietors for granting and terminating a licence of their trade mark)

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28738

Case C-681/21, BVAEB (Amount of the retirement pension): Judgment of the Court (Seventh Chamber) of 27 April 2023 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Versicherungsanstalt öffentlich Bediensteter, Eisenbahnen und Bergbau (BVAEB) v BB (Reference for a preliminary ruling — Social policy — Equal treatment in employment and occupation — Directive 2000/78/EC — Prohibition of discrimination on grounds of age — Retirement pension — National legislation providing, with retroactive effect, for a category of civil servants previously advantaged by the national legislation relating to retirement pension rights to be treated in the same way as a category of civil servants previously disadvantaged by that legislation)

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28739

Case C-677/21, Fluvius Antwerpen: Judgment of the Court (Seventh Chamber) of 27 April 2023 (request for a preliminary ruling from the Vredegerecht te Antwerpen — Belgium) — Fluvius Antwerpen v MX (Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Taxable transactions — Article 2(1)(a) — Concept of ‘supply of goods for consideration’ — Article 9(1) — Economic activity — Article 14(1) and (2)(a) — Supply of goods — Unlawful consumption of electricity — Principle of neutrality of VAT — Charging the consumer for compensation including the price of the electricity consumed — Regional legislation of a Member State — Taxable person — Sui generis entity mandated by municipalities — Concept of ‘body governed by public law’ — Directive 2006/112/EC — Article 13(1), third subparagraph, and Annex I — Principle of taxability of electricity distribution — Concept of ‘negligible activity’)

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28740

Case C-628/21, Castorama Polska and Knor: Judgment of the Court (Fifth Chamber) of 27 April 2023 (request for a preliminary ruling from the Sąd Okręgowy w Warszawie — Poland) — TB (Reference for a preliminary ruling — Intellectual property — Directive 2004/48/EC — Measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights — Right of information — Locus standi — Need to establish the existence of an intellectual property right in advance)

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