CJEU cases

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Case Information Subject Matter Stage of Proceedings
C-671/23
Party

Lietuvos bankas

Type of proceeding
Reference for a preliminary ruling
Referring court

Lietuvos vyriausiasis administracinis teismas - Lithuania

Interpretation of Art. 59 4th AML Directive - treatment of multiple infringements - seriousness of infringements - fines on financial institutions

Categories
Money Laundering
Request
C-595/23
Party

EDS

Type of proceeding
Reference for a preliminary ruling
Referring court

Corte di appello di Napoli

Article 4(6) of Council Framework Decision 2002/584/JHA of 13 June 2002; (2) - Articles 22(1) and 25 of Council Framework Decision 2008/909/JHA of 27 November 2008; (3) - Articles 24, 25, 26 and 55(1) of Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018; (4) - recital 46 of Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 - potential obligation of the issuing State to delete the alert entered in the SIS and to discharge the European arrest warrant - power of the executing State to request the SIRENE Bureau of the issuing State to delete the alert from the SIS - obligation of the SIRENE Bureau to comply with that request

Request
C-530/23
Party

KP

Type of proceeding
Reference for a preliminary ruling
Referring court

Sąd Rejonowy we Włocławku

Criminal proceedings against a person undergoing psychiatric treatment, suspected of possessing narcotic drugs and driving a vehicle under the influence of such drugs

Request
C-509/23
Party

Laimz

Type of proceeding
Reference for a preliminary ruling
Referring court

Administratīvā rajona tiesa (Latvia)

Interpretation of certain provisions of Directive 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing- Identification of the criteria in accordance with which a person may be regarded as being a close associate of a politically exposed person - Obliged entities belonging to the same group - Sharing of customer screening information - Use of the information so obtained - Situations requiring customer due diligence measures.

Categories
Money Laundering
Request
C-506/23
Party

Network One Distribution SRL

Type of proceeding
Reference for a preliminary ruling
Referring court

Curtea de Apel București, Romania

Question referred:

Must EU law and, in particular, Article 114 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code 1 be interpreted as precluding an administrative practice which, in circumstances such as those in the main proceedings, in respect of the amount of anti-dumping duty, imposes on a taxpayer, in addition to the periodic penalty payments provided for in Article 114 of the regulation, a periodic penalty payment provided for separately in national legislation (Codul de procedură fiscal (Romanian Tax Procedure Code))?

Categories
Protection of Financial Interests Tax Evasion
Request
C-432/23
Party

F, société en commandite simple, Ordre des avocats du barreau de Luxembourg

Type of proceeding
Reference for a preliminary ruling
Referring court

Cour administrative (Luxembourg)

scope of the protection of exchanges between lawyers and their clients of Article 7 of the Charter - cooperation of lawyers as third parties - reduction of cooperation to what is appropriate and necessary

Request
C-402/23
Party

Dimas v Ministerio Fiscal

Type of proceeding
Reference for a preliminary ruling
Referring court

Audiencia Nacional

Article 18 and Article 21(1) TFEU - extension of the prohibition on the surrender of nationals contained in a bilateral extradition treaty concluded between a Member State of the European Union and a third State - nationals exercising their right of free movement - Member State refuses to issue an arrest warrant - does the decision of that Member State regarding its national bind the requested Member State in the case of an extradition requested by a third State

Request
C-400/23
Party

VB

Type of proceeding
Reference for a preliminary ruling
Referring court

Sofiyski gradski sad

second sentence of Article 8(4) of Directive (EU) 2016/343 (1) - person who is convicted in absentia - 'informed about the decision'

Request
C-398/23
Party

PT

Type of proceeding
Reference for a preliminary ruling
Referring court

Sofiyski gradski sad

national law which stipulates that the co-defendants and their defence counsel must give their consent in order for an agreement discontinuing criminal proceedings against a defendant to receive approval when those proceedings are at the trial stage - proceedings at the pre-trial stage - Article 4(1) and Article 5 of Framework Decision 2004/757 (1) and Article 4 of Framework Decision 2008/841, (2) - Article 20 of the Charter - national law that provides for that limitation also as a consequence of providing the defendant with detailed information on the accusation

Request
C-338/23
Party

M.S.S. and Others

Type of proceeding
Reference for a preliminary ruling
Referring court

Sofiyski gradski sad

‘conflict of interests’ between the defendant and the judge - deliberately and knowingly create artificial conditions for recusal and a conflict of interests between the defendant and the judge - Directive 2013/48/EU, (2)

Request Order
C-208/23
Party

Martiesta

Type of proceeding
Reference for a preliminary ruling
Referring court

Corte suprema di cassazione

European Arrest Warrant - Interpretation of Art. 1(2) and Art. 1(3) Framework Decision 2002/584/JHA - Refusal or, in any event, deferral of surrender of a pregnant woman or a mother who has minor children living with her - significance of the "best interest of the child" - compatibility of Framework Decision 2002/584/JHA with Articles 3, 7, 4, 24 and 35 of the Charter of Fundamental Rights of the European Union, taking account also the case-law of the European Court of Human Rights and the constitutional traditions common to the Member States

Categories
Fundamental Rights European Arrest Warrant Judicial Cooperation
Request
C-107/23 PPU
Party

C.I., C.O., K.A., L.N., S.P.

Type of proceeding
Reference for a preliminary ruling
Referring court

Curtea de Apel Brașov (Romania)

Reference for a preliminary ruling – Protection of the financial interests of the European Union – Article 325(1) TFEU – PFI Convention – Article 2(1) – Obligation to counter fraud affecting the financial interests of the European Union by taking effective deterrent measures – Obligation to provide for criminal penalties – Value added tax (VAT) – Directive 2006/112/EC – Serious VAT fraud – Limitation period for criminal liability – Judgment of a constitutional court invalidating a national provision governing the grounds for interrupting that period – Systemic risk of impunity – Protection of fundamental rights – Article 49(1) of the Charter of Fundamental Rights of the European Union – Principle that offences and penalties must be defined by law – Requirements of foreseeability and precision of criminal law – Principle of the retroactive application of the more lenient criminal law …

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Related links
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C-814/22
Party

R.I. v Inspecția Judiciară, N.L.

Type of proceeding
Reference for a preliminary ruling
Referring court

Curtea de Apel București (Romania)

Effective judicial protection - Independence of the judiciary - Disciplinary investigation and proceedings - Inspecţia Judiciară (Judicial Inspectorate) - Powers of a chief inspector - Handling of disciplinary proceedings against a chief inspector - Function of a deputy chief inspector

Categories
Corruption
Related links
C-763/22
Party

Procureur de la République v OP

Type of proceeding
Reference for a preliminary ruling
Referring court

Tribunal judiciaire de Marseille

Does Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States 1 preclude the legislation of a Member State from granting a governmental authority the power to decide, between a European arrest warrant and a concurrent extradition request issued by a third country, which of the two is to be executed, without any possibility of legal remedy?

Categories
European Arrest Warrant Judicial Cooperation
Request
C-730/22
Party

LG & Others v Commission

Type of proceeding
Action for annulment

Investigations conducted by the European Anti-Fraud Office (OLAF) - Article 9(4) of Regulation 883/2013, as amended by Regulation 2020/2223 - Not providing suspects with reasonably detailed and clear fact statements and an additional opportunity to comment on such statements

Categories
OLAF Procedural Safeguards
Related links
C-670/22
Party

M.N. v Staatsanwaltschaft Berlin

Type of proceeding
Reference for a preliminary ruling
Referring court

Landgericht Berlin (Regional Court of Berlin, Germany)

Reference for preliminary ruling in EncroChat case - Judicial cooperation in criminal matters – Interpretation of Directive 2014/41/EU on the European Investigation Order in criminal matters – Concept of "issuing authority" – Spying on and transmitting traffic, location, and communication data of an internet-based communications service provider from France to Germany – Mobile phones equipped with encryption software – Illicit trafficking in substantial quantities of narcotic drugs – Use of evidence in criminal proceedings

Categories
Organised Crime European Investigation Order Judicial Cooperation Police Cooperation Procedural Safeguards
Related links
Request Opinion (AG)