22761Judgment of the Court (Second Chamber) of 7 July 2022.#PH v Regione Autonoma Friuli Venezia Giulia and Direzione centrale risorse agroalimentari, forestali e ittiche - Servizio foreste e corpo forestale della Regione Autonoma Friuli Venezia Giulia.#Reference for a preliminary ruling – Agriculture – Genetically modified food and feed – Regulation (EC) No 1829/2003 – Deliberate release into the environment of genetically modified organisms – Directive 2001/18/EC – Article 26a – Possibility for Member States to take appropriate measures to avoid the unintended presence of genetically modified organisms in other products – Conditions of application – Principle of proportionality – Guidelines for the development of national coexistence measures to avoid the unintended presence of genetically modified organisms in conventional and organic crops – Measure adopted by an infra-State body prohibiting on its territory the cultivation of genetically modified maize.#Case C-24/21.cjeu_case · 7 июля 2022 г.
22762Judgment of the Court (Second Chamber) of 7 July 2022.#PH v Regione Autonoma Friuli Venezia Giulia and Direzione centrale risorse agroalimentari, forestali e ittiche - Servizio foreste e corpo forestale della Regione Autonoma Friuli Venezia Giulia.#Request for a preliminary ruling from the Tribunale ordinario di Pordenone.#Reference for a preliminary ruling – Agriculture – Genetically modified food and feed – Regulation (EC) No 1829/2003 – Deliberate release into the environment of genetically modified organisms – Directive 2001/18/EC – Article 26a – Possibility for Member States to take appropriate measures to avoid the unintended presence of genetically modified organisms in other products – Conditions of application – Principle of proportionality – Guidelines for the development of national coexistence measures to avoid the unintended presence of genetically modified organisms in conventional and organic crops – Measure adopted by an infra-State body prohibiting on its territory the cultivation of genetically modified maize.#Case C-24/21.cjeu_case · 7 июля 2022 г.
22763Judgment of the Court (Eighth Chamber) of 7 July 2022.#Pricoforest SRL v Inspectoratul de Stat pentru Controlul în Transportul Rutier (ISCTR).#Reference for a preliminary ruling – Road transport – Social legislation – Regulation (EC) No 561/2006 – Exceptions – Article 13(1)(b) – Notion of ‘a radius of up to 100 kilometres (km) from the base of the undertaking’ – Vehicles effecting carriage within and also outside of that radius.#Case C-13/21.cjeu_case · 7 июля 2022 г.
22764Judgment of the Court (Eighth Chamber) of 7 July 2022.#Pricoforest SRL v Inspectoratul de Stat pentru Controlul în Transportul Rutier (ISCTR).#Request for a preliminary ruling from the Judecătoria Miercurea Ciuc.#Reference for a preliminary ruling – Road transport – Social legislation – Regulation (EC) No 561/2006 – Exceptions – Article 13(1)(b) – Notion of ‘a radius of up to 100 kilometres (km) from the base of the undertaking’ – Vehicles effecting carriage within and also outside of that radius.#Case C-13/21.cjeu_case · 7 июля 2022 г.
22765Judgment of the Court (Fourth Chamber) of 7 July 2022.#LKW WALTER Internationale Transportorganisation AG v CB and Others.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Service of documents – Regulation (EC) No 1393/2007 – Article 8(1) – One-week period within which the right to refuse to accept a document is to be exercised – Enforcement order made in one Member State and served in another Member State in the language of the first Member State only – Legislation of that first Member State laying down an eight-day period to lodge an objection to that order – Period for lodging an objection starting to run at the same time as the period laid down for the purpose of exercising the right to refuse to accept the document – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy.#Case C-7/21.cjeu_case · 7 июля 2022 г.
22766Judgment of the Court (Fourth Chamber) of 7 July 2022.#LKW WALTER Internationale Transportorganisation AG v CB and Others.#Request for a preliminary ruling from the Bezirksgericht Bleiburg.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Service of documents – Regulation (EC) No 1393/2007 – Article 8(1) – One-week period within which the right to refuse to accept a document is to be exercised – Enforcement order made in one Member State and served in another Member State in the language of the first Member State only – Legislation of that first Member State laying down an eight-day period to lodge an objection to that order – Period for lodging an objection starting to run at the same time as the period laid down for the purpose of exercising the right to refuse to accept the document – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy.#Case C-7/21.cjeu_case · 7 июля 2022 г.
22767Opinion of Advocate General Pikamäe delivered on 7 July 2022.#WP v Istituto nazionale della previdenza sociale and Repubblica italiana.#Request for a preliminary ruling from the Tribunale Ordinario di Asti.#Reference for a preliminary ruling – European Central Bank (ECB) staff members – Transfer of pension rights acquired in a national pension scheme to the ECB pension scheme – Article 4(3) TEU – Principle of sincere cooperation – ECB Conditions of Employment – Article 8 of Annex IIIa – No provision of national law or agreement between the Member State concerned and the ECB.#Case C-404/21.cjeu_case · 7 июля 2022 г.
22768Opinion of Advocate General Emiliou delivered on 7 July 2022.#Freikirche der Siebenten-Tags-Adventisten in Deutschland KdöR v Bildungsdirektion für Vorarlberg.#Request for a preliminary ruling from the Verwaltungsgerichtshof.#Reference for a preliminary ruling – Status under EU law of churches and religious associations or communities in the Member States – Article 17(1) TFEU – Freedom of establishment – Article 49 TFEU – Restrictions – Justification – Proportionality – Subsidies for a private school – Application submitted by a religious society established in another Member State – Establishment recognised by that society as a denominational school.#Case C-372/21.cjeu_case · 7 июля 2022 г.
22769Opinion of Advocate General Szpunar delivered on 7 July 2022.#ZG v Beobank SA.#Request for a preliminary ruling from the Justice de paix du canton de Forest.#Reference for a preliminary ruling – Approximation of laws – Payment services in the internal market – Directive 2007/64/EC – Article 47(1)(a) – Information for the payer after receipt of the payment order – Articles 58, 60 and 61 – Payment service provider’s liability for unauthorised transactions – Obligation of that service provider to refund unauthorised transactions to the payer – Framework contracts – Obligation of that service provider to provide that payer with information relating to the payee concerned.#Case C-351/21.cjeu_case · 7 июля 2022 г.
22770Opinion of Advocate General Collins delivered on 7 July 2022.#Criminal proceedings against HYA and Others.#Request for a preliminary ruling from the Spetsializiran nakazatelen sad.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive (EU) 2016/343 – Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings – Article 8(1) – Right of an accused person to be present at the trial – Second paragraph of Article 47 and Article 48(2) of the Charter of Fundamental Rights of the European Union – Right to a fair trial and rights of the defence – Examination of witnesses for the prosecution in the absence of the accused person and his or her lawyer at the pre-trial stage of the criminal proceedings – Impossibility of examining witnesses for the prosecution during the judicial stage of those proceedings – National legislation allowing a criminal court to base its decision on the prior testimony of those witnesses.#Case C-348/21.cjeu_case · 7 июля 2022 г.
22771Opinion of Advocate General Campos Sánchez-Bordona delivered on 7 July 2022.#Proceedings brought by A.#Request for a preliminary ruling from the Korkein hallinto-oikeus.#Reference for a preliminary ruling – Control of the acquisition and possession of weapons – Directive 91/477/EEC – Annex I, Part III – Deactivation standards and techniques – Implementing Regulation (EU) 2015/2403 – Verification and certification of deactivation of firearms – Article 3 – Verifying entity approved by a national authority – Issuance of a deactivation certificate – Entity not included on the list published by the European Commission – Transfer of deactivated firearms within the European Union – Article 7 – Mutual recognition.#Case C-296/21.cjeu_case · 7 июля 2022 г.
22772Opinion of Advocate General Collins delivered on 7 July 2022.#European Commission v Republic of Poland.#Failure of a Member State to fulfil obligations – Excise duties on alcohol and alcoholic beverages – Directive 92/83/EEC – Exemption from harmonised excise duty – Ethyl alcohol used for the production of medicines – Article 27(1)(d) – Exemption conditional on placing the alcohol under a duty suspension arrangement – No facility to obtain a refund of the excise duty paid – Principle of proportionality.#Case C-166/21.cjeu_case · 7 июля 2022 г.
22773Opinion of Advocate General Emiliou delivered on 7 July 2022.#Regionų apygardos administracinio teismo Kauno rūmai v Lietuvos Respublikos vidaus reikalų ministerija.#Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Second generation Schengen Information System (SIS II) – Decision 2007/533/JHA – Alert on an object sought – Article 38 – Objectives of the alert – Seizure or use as evidence in criminal proceedings – Article 39 – Execution of the action based on an alert – Measures taken in accordance with the national law of the Member States – National legislation laying down an obligation to prohibit the registration of vehicles which are the subject of alerts in SIS II.#Case C-88/21.cjeu_case · 7 июля 2022 г.
22774Opinion of Advocate General Szpunar delivered on 7 July 2022.#Airbnb Ireland UC and Airbnb Payments UK Ltd v Agenzia delle Entrate.#Request for a preliminary ruling from the Consiglio di Stato.#Reference for a preliminary ruling – Internal market – Article 114(2) TFEU – Exclusion of fiscal provisions – Directive 2000/31/EC – Information society services – Electronic commerce – Online property intermediation platform – Article 1(5)(a) – Exclusion of the ‘field of taxation’ – Directive 2006/123/EC – Services in the internal market – Article 2(3) – Exclusion of the ‘field of taxation’ – Directive (EU) 2015/1535 – Article 1(1)(e) and (f) – Concepts of ‘rule on services’ and ‘technical regulation’ – Obligation on providers of property intermediation services to collect and transmit to the tax authorities data on rental contracts and to withhold tax at source on the payments made – Obligation on service providers that do not have a permanent establishment in Italy to appoint a tax representative – Article 56 TFEU – Restrictive nature – Legitimate objective – Disproportionate nature of the obligation to appoint a tax representative – Third paragraph of Article 267 TFEU – Prerogatives of a national court or tribunal against whose decisions there is no judicial remedy under national law.#Case C-83/21.cjeu_case · 7 июля 2022 г.
22775Opinion of Advocate General Rantos delivered on 7 July 2022.#Lietuvos geležinkeliai AB v European Commission.#Appeal – Competition – Abuse of dominant position – Rail freight market – Decision finding an infringement of Article 102 TFEU – Access by third-party undertakings to infrastructure managed by Lithuania’s national railway company – Removal of a section of railway track – Concept of ‘abuse’ – Actual or likely exclusion of a competitor – Exercise by the General Court of its powers of unlimited jurisdiction – Reduction of the fine.#Case C-42/21 P.cjeu_case · 7 июля 2022 г.
22776Case C-377/21: Judgment of the Court (Seventh Chamber) of 7 July 2022 (request for a preliminary ruling from the Cour du travail de Mons — Belgium) — Ville de Mons, Zone de secours Hainaut-Centre v RM (Reference for a preliminary ruling — Social policy — Directive 97/81/EC — Framework Agreement on part-time work — Clause 4 — Principle of non-discrimination — Principle of pro rata temporis — Taking into account, for the purpose of calculating the remuneration of a full-time professional firefighter, the length of service for remuneration purposes which he has acquired as a volunteer firefighter, in accordance with the principle of pro rata temporis)cjeu_case · 7 июля 2022 г.
22777Case C-308/21: Judgment of the Court (Eighth Chamber) of 7 July 2022 (request for a preliminary ruling from the Tribunal Judicial da Comarca dos Açores — Portugal) — KU, OP, GC v SATA International — Azores Airlines SA (Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Compensation and assistance to passengers — Cancellation or long delay of flights — Article 5(3) — Exemption from the obligation to pay compensation — Extraordinary circumstances — Generalised failure of the aircraft refuelling system at the airport)cjeu_case · 7 июля 2022 г.
22778Case C-264/21: Judgment of the Court (Tenth Chamber) of 7 July 2022 (request for a preliminary ruling from the Korkein oikeus — Finland) — Keskinäinen Vakuutusyhtiö Fennia v Koninklijke Philips NV (Reference for a preliminary ruling — Directive 85/374/EEC — Liability for defective products — Article 3(1) — Concept of ‘producer’ — Any person who, by putting his name, trade mark or other distinguishing feature on the product, or having authorised those particulars to be put on the product, presents himself as its producer)cjeu_case · 7 июля 2022 г.
22779Case C-261/21: Judgment of the Court (Ninth Chamber) of 7 July 2022 (request for a preliminary ruling from the Consiglio di Stato — Italy) — F. Hoffmann-La Roche Ltd, Novartis AG, Novartis Farma SpA, Roche SpA v Autorità Garante della Concorrenza e del Mercato (Reference for a preliminary ruling — Second subparagraph of Article 19(1) TEU — Obligation on Member States to provide remedies sufficient to ensure effective legal protection in the fields covered by EU law — Article 267 TFEU — Obligation on the referring court to give full effect to the interpretation of EU law provided by the Court of Justice — Charter of Fundamental Rights of the European Union — Article 47 — Access to an independent and impartial tribunal previously established by law — Judgment of a national court of last instance after a preliminary ruling by the Court — Alleged non-conformity of that judgment with the interpretation of EU law provided by the Court — National legislation preventing the bringing of an action for revision of that judgment)cjeu_case · 7 июля 2022 г.
22780Joined Cases C-257/21 and C-258/21: Judgment of the Court (Seventh Chamber) of 7 July 2022 (requests for a preliminary ruling from the Bundesarbeitsgericht — Germany) — Coca-Cola European Partners Deutschland GmbH v L.B. (C-257/21), R.G. (C-258/21), (Reference for a preliminary ruling — Social policy — Article 153 TFEU — Protection of workers — Directive 2003/88/EC — Organisation of working time — Night work — Collective agreement which provides for a lower supplementary allowance for regular night work than that established for irregular night work — Equal treatment — Article 20 of the Charter of Fundamental Rights of the European Union — Implementation of Union law for the purposes of Article 51(1) of the Charter of Fundamental Rights)cjeu_case · 7 июля 2022 г.