CJEU cases

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Case Information Subject Matter Stage of Proceedings
C-015/24 PPU
Party

Stachev

Type of proceeding
Reference for a preliminary ruling
Referring court

Sofiyski rayonen sad (Bulgaria)

Right of access to a lawyer under Directive 2013/48/EU - Art. 47(1) CFR - Bulgarian legislation and case-law depriving courts from assessing evidence collected in breach of the Directive - exclusion of evidence -fairness of the criminal proceedings - derogation from the right of access to a lawyer - waiver of the right by illiterate suspects - rights of information in cases of waiver

Categories
Procedural Safeguards
Request Opinion (AG) Judgment
C-701/23
Party

Procureur de la République v SWIFTAIR (a company)

Type of proceeding
Reference for a preliminary ruling
Referring court

Tribunal Judiciaire de Paris

Request for a preliminary ruling - Article 50 of the Charter - ne bis in idem

Request
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-563/23
Party

Natsionalna agentsia za prihodite

Type of proceeding
Reference for a preliminary ruling
Referring court

Sofiyski rayonen sad (Bulgaria)

Data protection and fundamental rights - inquiries in income tax evasion - request for disclosure of personal data under banking secrecy - granting procedure before court - court as "controller" within the meaning of the GDPR - supervision of data access - court as "supervisory authority - effective protection against a further breach of the security of personal data - judicial control

Categories
Fundamental Rights Tax Evasion Data Protection
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 Opinion (AG)
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-331/23
Party

Dranken Van Eetvelde NV v Belgische Staat

Type of proceeding
Reference for a preliminary ruling
Referring court

Rechtbank van eerste aanleg Oost-Vlaanderen, afdeling Gent

Request for a preliminary ruling - Article 205 of Directive 2006/112 - principle of proportionality - tax fraud - principle of VAT neutrality - Article 50 of the Charter of Fundamental Rights of the European Union - cumulation of (administrative and criminal) penalties of a criminal nature

Request
C-292/23
Party

European Public Prosecutor’s Office v I.R.O., F.J.L.R

Type of proceeding
Reference for a preliminary ruling
Referring court

Juzgado Central de Instrucción No 6 de la Audiencia Nacional (Spain)

Interpretation of Art. 42(1) EPPO Regulation - judicial review of procedural acts of the EPPO - summoning of witnesses - exclusion of judicial review under the Spanish law implementing the EPPO Regulation - investigative powers of the European Delegated Prosecutor - compatibility with Union law with regard to judicial review of acts of European Delegated Prosecutors which limits the situations in which there is a right to contest decisions to a closed number of situations such as that provided for in Spanish law in Articles 90 and 91 of LO 9/2021

Categories
European Public Prosectutor's Office (EPPO)
Request
C-285/23
Party

A, B, C, Z, F, AS Latgales Invest Holding, SIA METEOR HOLDING, METEOR Kettenfabrik GmbH, SIA Tool Industry, AS Ditton pievadķēžu rūpnīca

Intervener: Latvijas Investīciju un attīstības aģentūra

Type of proceeding
Reference for a preliminary ruling
Referring court

Ekonomisko lietu tiesa (Latvia)

Request for a preliminary ruling - hearing of an accused person by videoconference - Article 24(1) of Directive 2014/41/EU of the European Parliament and of the Council - presumption of innocence and of the right to be present at the trial also be ensured by participating by videoconference - Article 8(1) of Directive (EU) 2016/343 of the European Parliament and of the Council - may the videoconference be arranged only via the competent authorities of the Member State

Categories
European Investigation Order
Request