European Arrest Warrants issued by Polish authorities for the purposes of executing a custodial sentence - right of the defendant to a tribunal established by law - test of assessment- judicial reforms in Poland since 2017 - real risk of a trial involving judges appointed by the Polish KRS - no effective remedy available in this Member State for any breach of the right to a tribunal established by law

See also reference C-563/21 PPU

The request for a preliminary ruling has been made by the Landesverwaltungsgericht Tirol (Austria). The complainant is a German national living in Austria who refused the police access to his mobile device after the detection of drugs. The Court of Justice is asked to interpret and clarify the interpretation of Article 15(1) of Directive 2002/58/EC in light of Articles 7, 8 and 11 and Article 52(1) of the Charter of Fundamental Rights, to determine whether EU law precludes the national rule in Paragraph 18 of the Austrian Strafprozessordnung that grants security authorities full access to digital data in the course of a criminal investigation.

PIF Convention and PIF Directive - concepts of "irregularity" and "fraud" regarding conduct which is likely, in the abstract, to favour one of the participants in a tendering procedure, even in the absence of complete proof of the conduct and of the effects of such conduct on the selection of the successful bidder - compatibility of Italian legislation with Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts regarding the grounds for execution from tender of economic operators who has attempted to influence the decision-making process of the contracting authority - interpretation of EU legislation in relation to the recovery of aid disbursed by the Member State, where it was used in accordance with its intended purpose for a project eligible for EU funding and actually implemented.

Interpretation of Art. 19(1) TEU and Art. 47 Charter – judicial independence – appointment of judges via non-independent National Council of the Judiciary – right to judicial review – power of courts to disapply Constitutional Court rulings that conflict with EU law

Trial in absentia - European Arrest Warrant for the purposes of enforcing a sentence of a first offence which was suspended ab initio but subsequently ordered to be enforced because of a conviction of a second offence within the probation period - Criminal proceedings that led to the conviction of the second offence as well as the enforcement order conducted in absentia - interpretation of the notion " 'trial resulting in the decision" for the purposes of Art. 4a(1) of Council Framework Decision 2002/584/JHA - violation of Art. 6 ECHR and Art. 47, 48(2) CFR due to the absence of the defendant in the second set of proceedings - consequences for the decision to surrender - lack of a right to retrial or appeal for the requested person - breach of essence of fundamental rights - delineation to Case C-571/17 …

See Case C-515/21

European Arrest Warrant issued by Polish authorities - right to a "tribunal established by law" - real risk of breach of this right - applicability of the "LM test" - impossibility of the defendant to establish the composition of the court at the moment of surrender - absence of an effective remedy to challenge the validity of the appointment of judges in Poland - consequences for surrender decision.

See also the references for preliminary rulings by the Rechtbank Amsterdam in Cases C-562/21 PPU and 563/21 PPU

Validity of the continuance of the EAW regime between Ireland and the United Kingdom considering the specific content of the protocol for Ireland in relation to measures in the Area of Freedom, Security and Justice - Irish possibility for opting-in - EU competence to bind Ireland to surrender provisions - Endangering Ireland's benefits from the retention of sovereignty in the AFSJ.

Processing of personal data and protection of privacy in the electronic communications sector - Directive 2002/58/EC - Article 15(1) - Power of Member States to restrict the scope of certain rights and obligations - Requirement of prior review by a court or independent administrative body whose decision is binding - Identity data associated with an IP address

Appeal to the judgment of the General Court in Joined Cases T-516/18 and T-525/18 - alleged infringement of Article 107 TFEU - tax rulings at issue conferred a ‘selective’ advantage in the light of the ‘narrow’ reference framework used by the Commission - discrimination between cross-border transactions and purely national transactions - legal classification of ‘selectivity’ by the General Court

The request for a preliminary ruling issued by the Oberster Gerichtshof (Supreme Court, Austria) pertains to the question as to whether or not an online social network such as Facebook can use all of the personal data obtained for the purposes of targeted advertising, without restriction as to time and without distinction as to type of data. The refering Court asked if:

1. The principle of data minimisation under Art. 5(1)(c) GDPR should mean that all personal data held by a platform may be aggregated analysed and processed for the purposes of targeted advertising without any restriction;
   
2. Art. 5(1)(b) GDPR read in conjunction with Art. 9(2)(e) GDPR should mean that a statement made by a person about their sexual orientation for the purposes of a panel discussion permits a controller to process other data concerning their sexual orientation to offer them …

References for preliminary ruling - Primacy of EU law – Lack of jurisdiction of a national court to examine the conformity with EU law of national legislation found to be constitutional by the constitutional court of the Member State concerned – Disciplinary proceedings

European Arrest Warrant - Framework Decision 2002/584/JHA - Interpretation of Art. 27(3)(g) and (4) – Request for consent to extension of the offences – and Ar. 28(3) – Request for consent to subsequent surrender – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Right to be heard of the person surrendered – Place where that right is exercised – Procedures

The case was joined with Case C-428/21 PPU

The Case was joined with Case C-429/21 - See description there

Questions referred:

Is Art. 55 of the Convention implementing the Schengen Agreement (‘the CISA’) compatible with Art. 50 of the Charter of Fundamental Rights of the European Union and does it continue to be valid in so far as it admits, as an exception to the prohibition of double prosecution, that a Contracting Party may, when ratifying, accepting or approving that Convention, declare that it is not bound by Article 54 of the CISA where the acts to which the foreign judgment relates constitute an offence against national security or other equally significant interests of that Contracting Party?

If Question 1 is answered in the affirmative:

Do Articles 54 and 55 of the CISA and Articles 50 and 52 of the Charter preclude an interpretation by the German courts of the declaration made by the Federal Republic of Germany when …

Questions referred:

Is national legislation (Article 251b(1) of the Zakon za elektronnite saobshtenia (Law on electronic communications)) providing for the general and indiscriminate retention of all traffic data (traffic data and location data of users of electronic means of communication) for a period of 6 months in order to fight serious crime compatible with Article 15(1) of Directive 2002/58, read in combination with Article 5(1) and recital 11 thereof, provided that the national legislation contains certain safeguards?

Is national legislation (Article 159a of the Nakazatelno-protsesualen kodeks (Code of Criminal Procedure)) which does not limit access to traffic data to what is strictly necessary and does not grant the persons whose traffic data are accessed by the law enforcement authorities the right to be notified thereof, provided that that does not impede criminal proceedings, or the right to a legal remedy …