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-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) View Judgment Order Opinion (Court) Ruling Decision
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) View Judgment Order Opinion (Court) Ruling Decision
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) View Judgment Order Opinion (Court) Ruling Decision
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 Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
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 Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
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) View Judgment Order Opinion (Court) Ruling Decision
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 Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
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) View Judgment Order Opinion (Court) Ruling Decision
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 Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
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) View Judgment Order Opinion (Court) Ruling Decision
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) View Judgment Order Opinion (Court) Ruling Decision
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) View Judgment Order Opinion (Court) Ruling Decision
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) View Judgment Order Opinion (Court) Ruling Decision
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) View Judgment Order Opinion (Court) Ruling Decision
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) View Judgment Order Opinion (Court) Ruling Decision
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) View Judgment Order Opinion (Court) Ruling Decision