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-142/22
Party

The Minister for Justice and Equality

Type of proceeding
Reference for a preliminary ruling
Referring court

Supreme Court - Ireland

Interpretation of Art. 27 (speciality rule) of Framework Decision 2002/584 on the European arrest warrant - consent procedure following a judgment of the CJEU declaring the issuing authority as not judicial (here: Dutch prosecutor) - validity of initial European Arrest Warrants - res iudicata and estoppel principle

Categories
European Arrest Warrant
Related links
Request Opinion (AG) Judgment
C-123/22
Party

European Commission v Hungary

Type of proceeding
Actions for failure to fulfil obligations

The judgment follows from the earlier ruling in Commission v. Hungary (Reception of applicants for international protection I) (Case C-808/18), in which the Court of Justice held that Hungary had failed to comply with EU rules on procedures for the granting of international protection and the return of illegally staying third-country nationals. Taking the view that Hungary still had not complied with the 2020 judgment, the Commission brought a new action for failure to act, seeking the imposition of financial sanctions upon Hungary.

the Court of Justice holds that Hungary has not taken the measures necessary to comply with the Court’s 2020 judgment. Among others, it has failed to comply with the required measures in relation to access to international protection; to the right of applicants for international protection to remain in Hungary pending a final decision on their situation; …

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Categories
Fundamental Rights Area of Freedom, Security and Justice Commission Procedural Safeguards
Related links
Action Judgment
C-118/22
Party

NG v Direktor na Glavna direktsia ‘Natsionalna politsia’ pri MVR – Sofia

Type of proceeding
Reference for a preliminary ruling
Referring court

Varhoven administrativen sad (Bulgaria)

Directive 2016/680 - processing of personal data by the competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties - requirements for the erasure of a police record.

Categories
Data Protection
Related links
Request Opinion (AG) Judgment
C-061/22
Party

RL v Landeshauptstadt Wiesbaden

Type of proceeding
Reference for a preliminary ruling
Referring court

Verwaltungsgericht Wiesbaden, Germany

Compatibility of the obligation to take fingerprints and store them in identity cards in accordance with Article 3(5) of Regulation (EU) 2019/1157 with higher-ranking EU law, in particular Art. 77(3) TFEU,

Art. 7 and 8 CFR, Art. 35(10) GDPR

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Categories
Data Protection
Related links
Request Opinion (AG) Judgment
C-058/22
Party

NR v Parchetul de pe lângă Curtea de Apel Craiova

Type of proceeding
Reference for a preliminary ruling
Referring court

Curtea de Apel Craiova, Romania

Interpretation of "final decision" in Art. 50 CFR - discontinuance of criminal proceedings by a public prosecutor after obtaining essential evidence in the case - preclusion of another public prosecution from being brought against the same person, for the same acts, albeit with a different legal classification

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Categories
Ne bis in idem
Related links
Request Opinion (AG) Judgment
C-044/22 P
Party

Appellants: KS and KD (represented by: J. Stojsavljevic-Savic, Solicitor, F. Randolph QC and P. Koutrakos, Barrister)

Other parties to the proceedings: Council of the European Union, European Commission, European External Action Service (EEAS)

Type of proceeding
Appeal

This case was joined with Case C-29/22 P

Common foreign and security policy (CFSP) – Joint Action 2008/124/CFSP – European Union Rule of Law Mission in Kosovo (Eulex Kosovo) – Non-contractual liability of the European Union – Crimes committed in Kosovo in 1999 – Damage allegedly suffered by individuals in connection with the insufficient investigation into the disappearance and killing of their family members – Alleged breach of fundamental rights – Jurisdiction of the EU Courts – Articles 2, 6, 19 and 24 TEU – Articles 268, 275 and 340 TFEU

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Categories
Fundamental Rights
Appeal Decision
C-033/22
Party

Österreichische Datenschutzbehörde

Type of proceeding
Reference for a preliminary ruling
Referring court

Verwaltungsgerichtshof, Austria

Application of the GDPR to the processing of personal data by a national parliamentary committee of inquiry - scope of the GDPR regarding the protection of national security - competences of the supervisory authority from the GDPR

Categories
Data Protection
Request Opinion (AG) Judgment
C-029/22 P
Party

Appellants: KS and KD (represented by: J. Stojsavljevic-Savic, Solicitor, F. Randolph QC and P. Koutrakos, Barrister)

Other parties to the proceedings: Council of the European Union, European Commission, European External Action Service (EEAS)

Type of proceeding
Appeal

This case was joined with Case C-44/22 P

Common foreign and security policy (CFSP) – Joint Action 2008/124/CFSP – European Union Rule of Law Mission in Kosovo (Eulex Kosovo) – Non-contractual liability of the European Union – Crimes committed in Kosovo in 1999 – Damage allegedly suffered by individuals in connection with the insufficient investigation into the disappearance and killing of their family members – Alleged breach of fundamental rights – Jurisdiction of the EU Courts – Articles 2, 6, 19 and 24 TEU – Articles 268, 275 and 340 TFEU

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Categories
Fundamental Rights
Appeal Opinion (AG) Judgment
C-027/22
Party

Volkswagen Group Italia SpA

Type of proceeding
Reference for a preliminary ruling
Referring court

Consiglio di Stato, Italy

Ne bis in idem - classification of penalties imposed for unfair commercial practices as criminal administrative penalties - interpretation of Art. 50 of the Charter - criminal conviction handed down in another Member State for the same acts and against the same party to which the administrative penalty applies - derogations from the ne bis in idem principle

Categories
Fundamental Rights Ne bis in idem
Related links
Request Opinion (AG) Judgment
C-016/22
Party

Staatsanwaltschaft Graz v MS

Type of proceeding
Reference for a preliminary ruling
Referring court

Oberlandesgericht Graz (Austria)

Question referred: Must the first sentence of Article 1(1) and Article 2(c)(i) of Directive 2014/41/EU regarding the
European Investigation Order in criminal matters be interpreted as meaning that a German tax office for criminal tax matters and tax investigation which is empowered under national rules to exercise the rights and fulfil the obligations of the public prosecutor’s office in relation to certain offences is to be regarded as a ‘judicial authority’ and an ‘issuing authority’ within the meaning of those provisions of EU law?

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Categories
European Investigation Order
Related links
Request Judgment
C-823/21
Party

European Commission v Hungary

Type of proceeding
Actions for failure to fulfil obligations

Failure of a Member State to fulfil obligations - Area of freedom, security and justice - Policies on border checks, asylum and immigration - Procedures for granting international protection - Directive 2013/32/EU - Article 6 - Effective access - The making of an application - National legislation laying down prior administrative steps to be carried out outside the territory of the Member State - Public health objective

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Categories
Rule of Law
Related links
Action Judgment
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