CJEU cases

This CJEU case law documentation of eucrim monitors, collects, and summarises legal proceedings brought before the Court of Justice of the European Union in the field of European Union “criminastrive” law, with a focus on the protection of the Union’s financial interests. This database intends to give an overview of the various legal actions brought before the General Court and the Court of Justice, with a view to fostering a pan-European understanding and debate on the interpretation of the relevant EU law provisions, their incorporation into national legislation, and cooperation between judicial authorities. Users find (1) basic information on the case in the left column, such as the reference number, case name (“parties”), and referring court (if applicable), (2) a description of the subject matter in the central column, including related links to other eucrim content (e.g., summary of a CJEU decision in eucrim news), and (3) the state of play of the case in the right column. The database is regularly updated. Searches by keywords or the year of the case are also possible.

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Case Information Subject Matter Stage of Proceedings
C-819/21
Party

Staatsanwaltschaft Aachen v M.D.

Type of proceeding
Reference for a preliminary ruling
Referring court

Landgericht Aachen (Germany)

Refusal of a declaration of enforceability on the basis of Art. 3(4) of Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union in conjunction with Art. 47 CFR where there are reasons to believe that the conditions prevailing in the issuing Member State at the time of the adoption of the decision to be enforced or of the related subsequent decisions are incompatible with the fundamental right to a fair trial because, in that Member State, the judicial system itself is no longer in conformity with the principle of the rule of law enshrined in Article 2 TEU?

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Categories
Fundamental Rights Rule of Law Judicial Cooperation Transfer of Sentenced Persons
Related links
Request Opinion (AG) Judgment
C-806/21
Party

TF

Type of proceeding
Reference for a preliminary ruling
Referring court

Hoge Raad der Nederlanden (Netherlands)

Drugs offences - concepts of "operator" and "circumstance" under Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors.

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Categories
Organised Crime
Request Judgment
C-805/21
Party

Criminal proceedings against ZhU and RD

Type of proceeding
Reference for a preliminary ruling
Referring court

Spetsializiran nakazatelen sad

Question referred: Is it compatible with Article 2(3) of Directive 2014/42 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union to interpret national law as meaning that a motor vehicle used to store large quantities of excise goods (cigarettes) without strip stamps does not constitute an instrumentality of crime?

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Categories
Freezing of Assets / Confiscation
Request
C-804/21 PPU
Party

C, CD, Other party: Syyttäjä

Type of proceeding
Reference for a preliminary ruling
Referring court

Korkein oikeus (Supreme Court, Finland

European Arrest Warrant - Time limit for surrender – Impossibility of surrender due to force majeure – Competence to determine whether a situation of force majeure exists – Expiry of the time limit for surrender – COVID-19 – Application for asylum

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Categories
European Arrest Warrant
Related links
Request Opinion (AG) Judgment
C-752/21
Party

JP EOOD v Otdel ‘Mitnichesko razsledvane i razuznavane’

Type of proceeding
Reference for a preliminary ruling
Referring court

Administrativen sad – Haskovo (Bulgaria)

Conformity of Bulgarian law with the Union Customs Code (Regulation (EU) No 952/2013) and Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property regarding the exclusion of judicial remedies on the part of an owner of property confiscated pursuant a penalty notice although he/she has not committed the offence.

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Categories
Freezing of Assets / Confiscation
Request Judgment
C-726/21
Party

Inter Consulting & Others

Type of proceeding
Reference for a preliminary ruling
Referring court

Županijski sud u Puli (Pula County Court, Croatia)

Interpretation of Art. 54 CISA - reference part of document on the basis of which a comparison is made to establish "the same facts" - finality of procedural acts - operational or specific parts of procedural acts - offences of breach of trust in commercial transactions.

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Categories
Ne bis in idem
Related links
Request Opinion (AG) Judgment
C-718/21
Party

L.G.

Type of proceeding
Reference for a preliminary ruling
Referring court

Sąd Najwyższy

Reference for a preliminary ruling – Article 267 TFEU – Concept of ‘court or tribunal’ – Criteria – Izba Kontroli Nadzwyczajnej i Spraw Publicznych (Chamber of Extraordinary Control and Public Affairs) of the Sąd Najwyższy (Supreme Court, Poland) – Reference for a preliminary ruling from a panel of judges without the status of an independent and impartial tribunal previously established by law – Inadmissibility

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Categories
Rule of Law
Related links
Request Opinion (AG) Judgment
C-700/21
Party

O.G.

Type of proceeding
Reference for a preliminary ruling
Referring court

Corte constituzionale (Italy)

Compatibility of the Italian legislation regulating grounds for optional non-execution of an EAW – in so far as that legislation prevents the executing judicial authorities from refusing the surrender of third-country nationals residing or staying in Italy – with Article 4(6) of Framework Decision 2002/584/JHA, read in conjunction with Article 1(3) of that decision and Article 7 of the Charter of Fundamental Rights of the European Union.

Categories
European Arrest Warrant
Related links
Request Opinion (AG) Judgment
C-699/21
Party

E.D.L.

Type of proceeding
Reference for a preliminary ruling
Referring court

Corte costituzionale - Italy

Interpretation of Art. 1(3) of Council Framework Decision 2002/584/JHA on the European arrest warrant, examined in the light of Arts. 3, 4 and 35 of the Charter of Fundamental Rights of the European Union - surrender of a person suffering from a serious chronic and potentially irreversible disease - risk of suffering serious harm to the person's health - assurances by the issuing authority ruling out such a risk - possible refusal of surrender

Categories
European Arrest Warrant
Related links
Request Opinion (AG) Judgment
C-683/21
Party

Nacionalinis visuomenės sveikatos centras prie Sveikatos apsaugos ministerijos v Valstybinė duomenų apsaugos inspekcija

Type of proceeding
Reference for a preliminary ruling
Referring court

Vilniaus apygardos administracinis teismas

Reference for a preliminary ruling - Protection of personal data - Regulation (EU) 2016/679 - Article 4(2) and (7) - Concepts of ‘processing’ and ‘controller’ - Development of a mobile IT application - Article 26 - Joint control - Article 83 - Imposition of administrative fines - Conditions - Requirement that the infringement be intentional or negligent - Responsibility and liability of the controller for the processing of personal data carried out by a processor

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Categories
Data Protection
Related links
Request Opinion (AG) Judgment
C-660/21
Party

K.B. and F.S. (Relevé d’office dans le domaine pénal)

Type of proceeding
Reference for a preliminary ruling
Referring court

Tribunal correctionnel de Villefranche-sur-Saône - France

Question referred: Must Arts. 3 (Right to information about rights) and 4 (Letter of Rights on arrest) of Directive 2012/13 and Art. 7 (Right to remain silent) of Directive 2016/343 in conjunction with Art. 48 (Presumption of innocence and right of defence) of the Charter of Fundamental Rights of the European Union be interpreted as precluding the prohibition on the national court raising of its own motion a violation of the rights of the defence as guaranteed by those directives, more specifically in so far as it is prohibited from raising of its own motion, with a view to the annulment of the procedure, a failure to give notification of the right to remain silent at the time of the arrest or a late notification of the right to remain silent?

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Categories
Procedural Safeguards
Related links
Request Opinion (AG) Judgment
C-655/21
Party

G. ST. T.

Type of proceeding
Reference for a preliminary ruling
Referring court

Rayonen sad — Nesebar

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 Intellectual 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

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Categories
Fundamental Rights Counterfeiting & Piracy
Related links
Request Opinion (AG) Judgment
C-609/21
Party

Criminal proceedings against IP and others

Type of proceeding
Reference for a preliminary ruling
Referring court

Spetsializiran nakazatelen sad (Specialised Criminal Court), Bulgaria

Content of a reference for preliminary ruling - Relationship between references for preliminary ruling and rules of national criminal procedure law on partiality / interests of conflict - National rule requiring the national criminal court to decline jurisdiction for having taken a position on the factual framework of the case in the reference for a preliminary ruling, on pain of annulment of the decision on the merits - Obligations of national courts to inform the representation of its Member State before the EU on the reference for preliminary ruling.

The case was decided by reasoned order of 25 March 2022 (available in French and Bulgarian).

Categories
Schengen Procedural Safeguards
Order
C-608/21
Party

XN v Politseyski organ pri 02 RU SDVR

Type of proceeding
Reference for a preliminary ruling
Referring court

Sofiyski rayonen sad

Interpretation of Art. 8(1) of Directive 2012/13 on the right to information - information on grounds of detention and the criminal offence in documents accompanying the detention order - no immediate provision of information - interpretation of Art. 6(2) of Directive 2012/13 concerning the exact contents of the information on the criminal offence.

Categories
Procedural Safeguards
Related links
Request Opinion (AG) Judgment
T-600/21
Party

WS v. European Border and Coast Guard Agency (Frontex)

Type of proceeding
Action for annulment

Non-contractual liability – Frontex’s obligations relating to the protection of fundamental rights – Joint return operation carried out by Frontex and the Hellenic Republic - No abuse of process – Admissibility – Causal link

Appeal challenging the General Court's judgment in Case C-679/23 P

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Categories
Fundamental Rights Frontex
Application Judgement
C-563/21 PPU
Party

Y v. Openbaar Ministerie

Type of proceeding
Reference for a preliminary ruling
Referring court

Rechtbank Amsterdam (Netherlands)

European Arrest Warrants issued by Polish authorities for the purposes of conducting criminal prosecution - right of the defendant to a tribunal established by law - applicability of the text established in LM to that right - criteria of assessment of a tribunal established by law in cross-border judicial cooperation in the EU - impossibility to specify the composition of the court after surrender - judicial reforms in Poland since 2017 - real risk of a trial involving judges appointed by the Polish KRS in 2018

Categories
Fundamental Rights European Arrest Warrant
Related links
Request