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regulation (161340) cjeu_case (104315) decision (43225) directive (8067)
316 947 документов
32781

Judgment of the Court (Fifth Chamber) of 10 November 2022.#Eircom Limited v Commission for Communications Regulation.#Reference for a preliminary ruling – Electronic communications networks and services – Universal service and users’ rights – Directive 2002/22/EC (Universal Service Directive) – Article 12 – Costing and financing of universal service obligations – Single universal service provider and multiple telecommunications services providers operating in the market – Determination as to whether an unfair burden exists.#Case C-494/21.

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32782

Judgment of the Court (Eighth Chamber) of 10 November 2022.#SHARENGO najem in zakup vozil d.o.o. v Mestna občina Ljubljana.#Reference for a preliminary ruling – Public system for the rental and shared use of electric cars – Distinction between the concepts of ‘services concessions’ and ‘public supply contracts’ – Directive 2014/23/EU – Article 5(1)(b) – Article 20(4) – Concept of ‘mixed contracts’ – Article 8 – Determining the value of a services concession – Criteria – Article 27 – Article 38 – Directive 2014/24/EU – Article 2(1), points 5 and 8 – Implementing Regulation (EU) 2015/1986 – Annex XXI – Possibility of imposing a condition concerning the registration of a specific professional activity under national law – Impossibility of imposing that condition on all members of a temporary business association – Regulation (EC) No 2195/2002 – Article 1(1) – Obligation to refer exclusively to the ‘Common Procurement Vocabulary’ in concession documents – Regulation (EC) No 1893/2006 – Article 1(2) – Impossibility of referring to the ‘NACE Rev. 2’ nomenclature in the concession documents.#Case C-486/21.

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32783

Judgment of the Court (Eighth Chamber) of 10 November 2022.#SHARENGO najem in zakup vozil d.o.o. v Mestna občina Ljubljana.#Request for a preliminary ruling from the Državna revizijska komisija za revizijo postopkov oddaje javnih naročil.#Reference for a preliminary ruling – Public system for the rental and shared use of electric cars – Distinction between the concepts of ‘services concessions’ and ‘public supply contracts’ – Directive 2014/23/EU – Article 5(1)(b) – Article 20(4) – Concept of ‘mixed contracts’ – Article 8 – Determining the value of a services concession – Criteria – Article 27 – Article 38 – Directive 2014/24/EU – Article 2(1), points 5 and 8 – Implementing Regulation (EU) 2015/1986 – Annex XXI – Possibility of imposing a condition concerning the registration of a specific professional activity under national law – Impossibility of imposing that condition on all members of a temporary business association – Regulation (EC) No 2195/2002 – Article 1(1) – Obligation to refer exclusively to the ‘Common Procurement Vocabulary’ in concession documents – Regulation (EC) No 1893/2006 – Article 1(2) – Impossibility of referring to the ‘NACE Rev. 2’ nomenclature in the concession documents.#Case C-486/21.

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32784

Judgment of the Court (Tenth Chamber) of 10 November 2022.#ITD, Brancheorganisation for den danske vejgodstransport A/S and Danske Fragtmænd A/S v European Commission.#Appeal – State aid – Postal sector – Compensation for the discharge of a universal service obligation – Calculation – Net avoided cost methodology – Taking into account the intangible benefits of the universal service – Use of funds granted as compensation – Guarantee covering the redundancy costs of a certain category of employee in the event of insolvency of the universal service provider – Accounting allocation of common costs between universal service activities and non-universal service activities – Decision declaring the aid compatible with the internal market.#Case C-442/21 P.

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32785

Judgment of the Court (Tenth Chamber) of 10 November 2022.#ITD, Brancheorganisation for den danske vejgodstransport A/S and Danske Fragtmænd A/S v European Commission.#Appeal – State aid – Postal sector – Compensation for the discharge of a universal service obligation – Calculation – Net avoided cost methodology – Taking into account the intangible benefits of the universal service – Use of funds granted as compensation – Guarantee covering the redundancy costs of a certain category of employee in the event of insolvency of the universal service provider – Accounting allocation of common costs between universal service activities and non-universal service activities – Decision declaring the aid compatible with the internal market.#Case C-442/21 P.

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32787

Judgment of the Court (Ninth Chamber) of 10 November 2022.#VP CAPITAL NV v Belgische Staat.#Request for a preliminary ruling from the Hof van Cassatie.#Reference for a preliminary ruling – Freedom of establishment – Articles 49 and 54 TFEU – Transfer of the registered office of a company to a Member State other than that in which it is incorporated – Takeover of value reductions entered in the accounts prior to the transfer – Exemption – Comparability of situations.#Case C-414/21.

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32788

Judgment of the Court (Fifth Chamber) of 10 November 2022.#Zenith Media Communications SRL v Consiliul Concurenţei.#Reference for a preliminary ruling – Competition – Agreements, decisions and concerted practices – Article 101 TFEU – Penalty imposed by the national competition authority – Determination of the amount of the fine – Consideration of turnover in the profit and loss account – Request for the national competition authority to take into account a different turnover – Refusal by the Competition Council – Real situation of the undertaking concerned – Principle of proportionality.#Case C-385/21.

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32789

Judgment of the Court (Fifth Chamber) of 10 November 2022.#Zenith Media Communications SRL v Consiliul Concurenţei.#Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie.#Reference for a preliminary ruling – Competition – Agreements, decisions and concerted practices – Article 101 TFEU – Penalty imposed by the national competition authority – Determination of the amount of the fine – Consideration of turnover in the profit and loss account – Request for the national competition authority to take into account a different turnover – Refusal by the Competition Council – Real situation of the undertaking concerned – Principle of proportionality.#Case C-385/21.

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32790

Judgment of the Court (Second Chamber) of 10 November 2022.#Dansk Akvakultur v Miljø- og Fødevareklagenævnet.#Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 6(3) – Assessment of a project likely to affect a protected site – Obligation to conduct an assessment – Continuation of the economic activity of an operation already authorised at the planning stage, under unchanged conditions, where authorisation has been granted following an incomplete assessment.#Case C-278/21.

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32791

Judgment of the Court (Second Chamber) of 10 November 2022.#Dansk Akvakultur v Miljø- og Fødevareklagenævnet.#Request for a preliminary ruling from the Østre Landsret.#Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 6(3) – Assessment of a project likely to affect a protected site – Obligation to conduct an assessment – Continuation of the economic activity of an operation already authorised at the planning stage, under unchanged conditions, where authorisation has been granted following an incomplete assessment.#Case C-278/21.

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32792

Judgment of the Court (Fourth Chamber) of 10 November 2022.#Criminal proceedings against DELTA STROY 2003.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2005/212/JHA – Applicability – Imposition of a financial penalty on a legal person for non-payment of tax debts – Concept of ‘confiscation’ – Articles 48, 49 and 52 of the Charter of Fundamental Rights of the European Union – Penalties of a criminal nature – Principles of the presumption of innocence and the legality and proportionality of criminal offences and penalties – Rights of the defence – Imposition of a criminal penalty on a legal person for an offence committed by the representative of that legal person – Parallel criminal proceedings against that representative that have not been concluded – Proportionality.#Case C-203/21.

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32793

Judgment of the Court (Fourth Chamber) of 10 November 2022.#Criminal proceedings against DELTA STROY 2003.#Request for a preliminary ruling from the Okrazhen sad - Burgas.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2005/212/JHA – Applicability – Imposition of a financial penalty on a legal person for non-payment of tax debts – Concept of ‘confiscation’ – Articles 48, 49 and 52 of the Charter of Fundamental Rights of the European Union – Penalties of a criminal nature – Principles of the presumption of innocence and the legality and proportionality of criminal offences and penalties – Rights of the defence – Imposition of a criminal penalty on a legal person for an offence committed by the representative of that legal person – Parallel criminal proceedings against that representative that have not been concluded – Proportionality.#Case C-203/21.

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32794

Judgment of the Court (Second Chamber) of 10 November 2022.#AD v PACCAR Inc and Others.#Reference for a preliminary ruling – Competition – Compensation for harm caused by a practice prohibited under Article 101(1) TFEU – Collusive arrangements on pricing and gross price increases for trucks in the European Economic Area (EEA) – Directive 2014/104/EU – Rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union – Article 22(2) – Applicability ratione temporis – First subparagraph of Article 5(1) – Concept of relevant evidence which lies in the control of the defendant or a third party – Article 5(2) – Disclosure of specified items of evidence or relevant categories of evidence on the basis of reasonably available facts – Article 5(3) – Review of the proportionality of the request to disclose evidence – Balancing the legitimate interests of the parties and third parties – Scope of the obligations resulting from those provisions.#Case C-163/21.

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32795

Judgment of the Court (Second Chamber) of 10 November 2022.#AD v PACCAR Inc and Others.#Request for a preliminary ruling from the Juzgado Mercantil de Barcelona.#Reference for a preliminary ruling – Competition – Compensation for harm caused by a practice prohibited under Article 101(1) TFEU – Collusive arrangements on pricing and gross price increases for trucks in the European Economic Area (EEA) – Directive 2014/104/EU – Rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union – Article 22(2) – Applicability ratione temporis – First subparagraph of Article 5(1) – Concept of relevant evidence which lies in the control of the defendant or a third party – Article 5(2) – Disclosure of specified items of evidence or relevant categories of evidence on the basis of reasonably available facts – Article 5(3) – Review of the proportionality of the request to disclose evidence – Balancing the legitimate interests of the parties and third parties – Scope of the obligations resulting from those provisions.#Case C-163/21.

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32796

Opinion of Advocate General Szpunar delivered on 10 November 2022.#Proceedings brought by М. Ya. M.#Request for a preliminary ruling from the Sofiyski rayonen sad.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Measures relating to the law on succession – Regulation (EU) No 650/2012 – Article 13 – Declaration concerning the waiver of a succession made by an heir before the court of the Member State of his or her habitual residence – Subsequent registration of that declaration, at the request of another heir, in the register of another Member State.#Case C-651/21.

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32797

Opinion of Advocate General Kokott delivered on 10 November 2022.#Dyrektor Krajowej Informacji Skarbowej v Gmina L.#Request for a preliminary ruling from the Naczelny Sąd Administracyjny.#Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(c) – Supply of services for consideration – Article 9(1) – Meanings of ‘taxable person’ and ‘economic activity’ – Municipality which arranges for asbestos removal for the benefit of its residents who own immovable property and who have expressed the wish for that – Reimbursement of the municipality by a subsidy from the competent provincial authority of 40% to 100% of the costs – Article 13(1) – Municipalities not subject to tax for the activities or transactions carried out as public authorities.#Case C-616/21.

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32798

Opinion of Advocate General Kokott delivered on 10 November 2022.#Gmina O. v Dyrektor Krajowej Informacji Skarbowej.#Request for a preliminary ruling from the Naczelny Sąd Administracyjny.#Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(a) and (c) – Supply of goods and services for consideration – Article 9(1) – Meanings of ‘taxable person’ and ‘economic activity’ – Municipality which organises the installation of renewable energy on its territory for its residents who own immovable property and who have expressed the wish to be equipped with renewable energy systems – Their contribution amounting to 25% of the subsidisable costs, without being able to exceed a maximum value agreed between the municipality and the interested property owner – Reimbursement of the municipality by a subsidy from the competent provincial authority of 75% of the subsidisable costs – Article 13(1) – Municipalities not subject to tax for the activities or transactions carried out as public authorities.#Case C-612/21.

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32799

Opinion of Advocate General Emiliou delivered on 10 November 2022.#T.A.C. v Agenția Națională de Integritate (ANI).#Request for a preliminary ruling from the Curtea de Apel Timişoara.#Reference for a preliminary ruling – Decision 2006/928/EC – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Charter of Fundamental Rights of the European Union – Article 15(1) – Article 47 – Article 49(3) – Elective public office – Conflict of interests – National legislation prohibiting the holding of elective public office for a predetermined period – Penalty additional to the termination of the term of office – Principle of proportionality.#Case C-40/21.

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32800

Case C-702/21 P: Judgment of the Court (Eighth Chamber) of 10 November 2022 — Laboratoire Pareva v Biotech3D Ltd & Co. KG, European Commission, French Republic, European Chemicals Agency (Appeal — Biocidal products — Regulation (EU) No 528/2012 — Delegated Regulation (EU) No 1062/2014 — Active substance PHMB (1415; 4.7) — Refusal of approval as an existing active substance for use in biocidal products of product-types 1, 5 and 6 — Approval as an existing active substance for use in biocidal products of product-types 2 and 4 — Teratogenic effect — Human health risk assessment)

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