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-397/20
Party

VD (C-339/20)

SR (C-397/20)

Type of proceeding
Reference for a preliminary ruling
Referring court

Cour de cassation, France

Single Market for financial services - Market abuse - Insider dealing - Directive 2003/6/EC - Article 12(2)(a) and (d) - Regulation (EU) No 596/2014 - Article 23(2)(g) and (h) - Supervisory and investigatory powers of the Autorité des marchés financiers (AMF) - General interest objective seeking to protect the integrity of financial markets in the European Union and public confidence in financial instruments - Option open to the AMF to require the traffic data records held by an operator providing electronic communications services - Processing of personal data in the electronic communications sector - Directive 2002/58/EC - Article 15(1) - Charter of Fundamental Rights of the European Union - Articles 7, 8 and 11 and Article 52(1) - Confidentiality of communications - Restrictions - Legislation providing for the general and indiscriminate retention of traffic data by operators providing electronic communications …

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Categories
Data Protection
Related links
Request Opinion (AG)
C-368/20
Party

Appellant: NW

Respondent authority: Landespolizeidirektion Steiermark

Type of proceeding
Reference for a preliminary ruling
Referring court

Landesverwaltungsgericht Steiermark (Austria)

Does EU law preclude domestic legislation in the form of consecutive domestic decrees prolonging border control which, cumulatively, allow for the reintroduction of border control for a period which exceeds the two-year time limit laid down in Article 25 and Article 29 of Regulation (EU) 2016/399 1 without a corresponding Council recommendation pursuant to Article 29 of that regulation?

If Question 1 is answered in the negative:

Is the right to freedom of movement of EU citizens laid down in Article 21(1) TFEU and Article 45(1) of the Charter of Fundamental Rights of the European Union 2 to be interpreted, especially in the light of the principle of the absence of checks on persons at internal borders established in Article 22 of Regulation 2016/399, as meaning that it includes the right not to be subject to checks on persons …

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Categories
Schengen
Related links
Request Opinion (AG) Judgment
C-354/20 PPU
Party

L (C‑354/20 PPU),
P (C‑412/20 PPU

Type of proceeding
Reference for a preliminary ruling
Referring court

Rechtbank Amsterdam

Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 6(1) – Surrender procedures between Member States – Conditions for execution – Charter of Fundamental Rights of the European Union – Second paragraph of Article 47 – Right of access to an independent and impartial tribunal – Systemic or generalised deficiencies – Concept of ‘issuing judicial authority’ – Taking into consideration of developments after the European arrest warrant concerned has been issued – Obligation of the executing judicial authority to determine specifically and precisely whether there are substantial grounds for believing that the person concerned will run a real risk of breach of his or her right to a fair trial if he or she is surrendered)

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Categories
European Arrest Warrant
Related links
Request Opinion (AG) Judgment
C-339/20
Party

VD (C‑339/20)

SR (C‑397/20)

Type of proceeding
Reference for a preliminary ruling
Referring court

Court of Cassation, France

Reference for a preliminary ruling – Insider dealing and market manipulation – Directive 2003/6/EC – Article 12(2)(a) and (d) – Regulation (EU) No 596/2014 – Article 23(2)(g) and (h) – Directive 2002/58/EC – Article 15(1) – Supervisory and investigatory powers of the competent authorities – Power of the competent authorities to require existing telephone and exchanged data records – National legislation imposing on electronic communications operators an obligation to retain connection data on a temporary but general basis

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Categories
Data Protection
Related links
Request Opinion (AG) Judgment
C-338/20
Party

Prokuratura Rejonowa Łódź-Bałuty v D.P.

Type of proceeding
Reference for a preliminary ruling
Referring court

Sąd Rejonowy dla Łodzi-Śródmieścia w Łodzi

Does the service on a sentenced person of a decision imposing a financial penalty, without providing a translation into a language which the addressee understands, entitle the authority of the enforcing State to refuse to enforce the decision on the basis of the provisions implementing Article 20(3) of Framework Decision 2005/214/JHA on the grounds of a breach of the right to fair trial?

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Categories
Financial Penalties Procedural Safeguards
Related links
Request Opinion (AG) Judgment
C-282/20
Party

Criminal proceedings against ZX

Type of proceeding
Reference for a preliminary ruling
Referring court

Spetsializiran nakazatelen sad, Bulgaria

Compatibility of national criminal procedure law with Art. 6(3) of Directive 2012/13 on the right to information in criminal proceedings and Art. 47 CFR - Lack of a procedural rule for the rectification, after completion of the first hearing in criminal proceedings (preliminary hearing), of substantive ambiguities and shortcomings in the bill of indictment - Interpretation obligations of national criminal courts.

Categories
Procedural Safeguards
Related links
Request Judgment
C-222/20
Party

OC v Bundesrepublik Deutschland

Type of proceeding
Reference for a preliminary ruling
Referring court

Verwaltungsgericht Wiesbaden

Are Article 21 and Article 67(2) TFEU to be interpreted as meaning that they preclude national legislation (in this case, Paragraph 2(3) of the Gesetz über die Verarbeitung von Fluggastdaten zur Umsetzung der Richtlinie (EU) 2016/681 of 6 June 2017 (Law on the Processing of Passenger Name Record (PNR) Data for the purpose of transposing Directive (EU) 2016/681 [BGBl (Federal Law Gazette) I, p. 1484], as amended by Article 2 of the Law of 6 June 2017, BGBl I, p. 1484), (‘the FlugDaG’), that provides, in application of the flexibility clause in Article 2(1) of Directive (EU) 2016/681 1 (‘the PNR Directive’), for air carriers to transfer comprehensive data on every single passenger of also intra-EU flights to the passenger information units (PIUs) established by the Member States where, except for the flight booking, the data are retained without …

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Categories
Fundamental Rights Law Enforcement Cooperation Data Protection
Related links
Request
C-215/20
Party

JV v Bundesrepublik Deutschland

Type of proceeding
Reference for a preliminary ruling
Referring court

Verwaltungsgericht Wiesbaden (Germany)

Compatibility of the PNR Directive 2016/681 with fundamental rights

Categories
Fundamental Rights Data Protection
Related links
Request
C-206/20
Party

VA v Prosecutor of the regional prosecutor’s office in Ruse, Bulgaria

Type of proceeding
Reference for a preliminary ruling
Referring court

High Court of Justice, Queen's Bench Division (Administrative Court)

Framework Decision on the European Arrest Warrant - follow-up to CJEU judgment in Bob-Dogi C-241/15, (ECLI:EU:C:2016:385) - dual level of protection - national arrest warrant (NAW) and European arrest warrant both taken by a public prosecutor - NAW is limited to detaining the individual for a maximum of 72 hours for the purpose of bringing him before a Court

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Categories
European Arrest Warrant
Related links
Request Order
C-203/20
Party

Defendants: AB, CD, EF, GH, IJ, LM, NO, PR, ST, UV, WZ, BC, DE, FG and JL

Other parties: HI and Krajská prokuratúra v Bratislave

Type of proceeding
Reference for a preliminary ruling
Referring court

Okresný súd Bratislava III

Does the ne bis in idem principle preclude the issuance of a European arrest warrant within the meaning of Council Framework Decision 2002/584/JHA 1 of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, and taking into account Article 50 of the Charter of Fundamental Rights of the European Union, where the criminal case has been finally closed by a judicial decision to acquit or to discontinue the case, if those decisions have been adopted on the basis of an amnesty that has been revoked by the legislature after the decisions became final and the domestic legal order provides that revocation of such an amnesty entails annulment of decisions of public authorities, where they have been adopted and substantiated on the basis of amnesties or pardons, and the legal obstacles of criminal prosecutions that …

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Categories
Area of Freedom, Security and Justice Judicial Cooperation Ne bis in idem
Related links
Request Opinion (AG) Judgment
C-195/20 PPU
Party

XC v Generalbundesanwalt beim Bundesgerichtshof

Type of proceeding
Reference for a preliminary ruling
Referring court

Bundesgerichtshof (Federal Court of Justice, Germany)

Interpretation of Art. 27 Framework Decision 2002/584/JI on the European Arrest Warrant - Possible prosecution for other crimes - principle of speciality

Categories
European Arrest Warrant
Related links
Request Opinion (AG) Judgment Order
C-151/20
Party

Bundeswettbewerbsbehörde

v

Nordzucker AG,

Südzucker AG,

Agrana Zucker GmbH

Type of proceeding
Reference for a preliminary ruling
Referring court

Court of Appeal, Brussels, Belgium

Reference for a preliminary ruling – Competition – Conduct investigated by two national competition authorities – Principle ne bis in idem – Simultaneous application of EU and national competition law – Identity of the protected legal interest – Territorial effects of a decision of a national competition authority – Leniency programme

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Categories
Fundamental Rights Ne bis in idem
Related links
Request Opinion (AG) Judgment
C-150/20
Party

Applicant: BD

Defendant: Deutsche Lufthansa AG

Type of proceeding
Reference for a preliminary ruling
Referring court

Amtsgericht Köln

Is Directive (EU) 2016/681 1 compatible with Articles 7 and 8 of the Charter of Fundamental Rights of the European Union (the Charter) in relation to the following points:

(1) Are the PNR data to be transferred under the directive sufficiently specified, having regard to Articles 7 and 8 of the Charter?

(2) In view of its scope and having regard to Articles 7 and 8 of the Charter, does the directive provide for sufficient objective differentiation when PNR data are collected and transferred, in relation to the type of flights and the threat level in a particular country and in relation to the comparison against databases and patterns?

(3) Is the blanket, indiscriminating retention period for all PNR data compatible with Articles 7 and 8 of the Charter?

(4) Having regard to Articles 7 and 8 of the Charter, …

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Categories
Fundamental Rights Data Protection
Related links
Request
C-148/20
Party

AC, DF, BD v Deutsche Lufthansa AG

Type of proceeding
Reference for a preliminary ruling
Referring court

Amtsgericht Köln

Compatibility of the PNR Directive (Directive (EU) 2016/681 of 27 April 2016) with Articles 7 and 8 of the Charter of Fundamental Rights - Sufficient Specification - Objective differentiation in relation to the type of flights and the threat level in a particular country and in relation to the comparison against databases and patterns - Retention period - Adequate procedural protection of passengers - Data transfer to third countries and adequate protection level

Categories
Fundamental Rights Procedural Safeguards
Request
C-140/20
Party

G.D.

v

The Commissioner of the Garda Síochána,

Minister for Communications, Energy and Natural Resources,

Attorney General

Type of proceeding
Reference for a preliminary ruling
Referring court

Supreme Court (Ireland)

Reference for a preliminary ruling – Telecommunications – Processing of personal data – Confidentiality of communications – Electronic communications service providers – Directive 2002/58/EC – Article 15(1) – Article 4(2) TEU – Charter of Fundamental Rights of the European Union – Articles 7, 8, 11 and 52(1) – General and indiscriminate retention of traffic and location data – Access to retained data – Use of retained data as evidence in criminal proceedings

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Categories
Data Protection
Related links
Request Opinion (AG) Judgment
C-136/20
Party

LU

Type of proceeding
Reference for a preliminary ruling
Referring court

Zalaegerszegi Járásbíróság (District Court, Zalaegerszeg, Hungary)

Reference for a preliminary ruling – Area of freedom, security and justice – Framework Decision 2005/214/JHA – Mutual recognition of financial penalties – Article 5(1) – Offence relating to ‘conduct which infringes road traffic regulations’ – Scope of the offence – Financial penalty imposed by the issuing State on the vehicle owner on account of a breach of the obligation to identify the driver suspected of being responsible for committing a road traffic offence – Article 7(1) – Grounds for non-recognition and non-execution – Scope of and procedures for the verification by the executing State vis-à-vis the legal classification of the offence

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Categories
Area of Freedom, Security and Justice
Related links
Request Opinion (AG) Judgment