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-078/20
Party

M.B.

Generálna prokuratúra Slovenskej republiky

Type of proceeding
Reference for a preliminary ruling
Referring court

Najvyšší súd Slovenskej republiky

Must the requirements which an European arrest warrant must satisfy as a judicial decision under Articles 1(1) and 6(1) of Framework Decision 2002/584 1 be applied also to supplementary information provided pursuant to Article 15(2) thereof, where, for the purposes of the decision of the executing judicial authority, it substantially supplements or changes the content of the arrest warrant originally issued?

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Categories
European Arrest Warrant
Request
C-077/20
Party

K.M. v Director of Public Prosecutions

Type of proceeding
Reference for a preliminary ruling
Referring court

Court of Appeal, Ireland

Common fisheries policy - National provision which, to penalise a breach of Article 32 of Regulation No 850/98, provides for not only the imposition of a fine but also the mandatory forfeiture of the catches and the prohibited or non-compliant fishing gear found on board the vessel concerned, is compliant with the principle of proportionality enshrined in Art. 49(3) of the Charter

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Categories
Fundamental Rights Environmental Crime
Request Judgment
C-066/20
Party

XK / Finanzamt für Steuerstrafsachen und Steuerfahndung Münster

Type of proceeding
Reference for a preliminary ruling
Referring court

Procura della Repubblica di Trento - Italy

Directive 2014/41/EU – European Investigation Order in criminal matters – Issuing authority – Administrative authority designated as a public prosecutor’s office in criminal proceedings relating to tax offences – Requirement of judicial validation

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Categories
European Investigation Order
Related links
Request Opinion (AG) Judgment
C-055/20
Type of proceeding
Reference for a preliminary ruling
Referring court

Sąd Dyscyplinarny Izby Adwokackiej w Warszawie (Disciplinary Court of the Bar Association in Warsaw, Poland)

Reference for a preliminary ruling – Freedom to provide legal advice – Disciplinary proceedings against a lawyer – Respective scopes of application of Directive 2006/123/EC and Directive 98/5/EC – Applicability of Directive 2006/123/EC to disciplinary proceedings – Authorisation schemes – Concept of ‘court or tribunal’ – Local Bar Association Disciplinary Court composed of non-professional judges – Article 47 of the Charter of Fundamental Rights and Article 19(1) TEU – Powers of lower courts where a higher national court lacks independence

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Categories
Fundamental Rights
Related links
Request Opinion (AG) Judgment
C-037/20
Party

WM (C-37/20), Sovim SA (C-601/20) v. Luxembourg Business Registers

Type of proceeding
Reference for a preliminary ruling
Referring court

Tribunal d’arrondissement de Luxembourg

Prevention of the use of the financial system for the purposes of money laundering or terrorist financing - Directive (EU) 2018/843 amending Directive (EU) 2015/849 - Amendment to Article 30(5), first subparagraph, point (c), of Directive 2015/849 - Access for any member of the general public to the information on beneficial ownership - Validity - Articles 7 and 8 of the Charter of Fundamental Rights of the European Union - Respect for private and family life - Protection of personal data

Categories
Money Laundering Protection of Financial Interests
Related links
Request Opinion (AG) Judgment
C-035/20
Party

A

intervening parties:

Syyttäjä

Type of proceeding
Reference for a preliminary ruling
Referring court

Korkein oikeus (Supreme Court, Finland)

Reference for a preliminary ruling – Citizenship of the Union – Right of Union citizens to move freely within the territories of the Member States – Article 21 TFEU – Directive 2004/38/EC – Articles 4 and 5 – Obligation to carry an identity card or a passport – Regulation (EC) No 562/2006 (Schengen Borders Code) – Annex VI – Crossing the maritime border of a Member State on board a pleasure boat – Rules on sanctions applicable when moving between Member States without an identity card or passport – Rules on daily fines in criminal cases – Calculation of the fine based on the offender’s average monthly income – Proportionality – Severity of the sanction in relation to the offence

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Categories
Schengen
Related links
Request Opinion (AG) Judgment
C-003/20
Party

LR Ģenerālprokuratūra

Type of proceeding
Reference for a preliminary ruling
Referring court

Riga District Court, Latvia

Applicability of the Protocol on the privileges and immunities of the European Union to Governors of the central bank of a Member State – Immunity from legal proceedings - Definition of "Acts of servants of the EU performed in their official capacity" – Functional immunity - Independence of the ECB, the ESCB and the central banks of the Member States – Waiver of immunity by the ECB – Interests of the EU – Immunity from main court proceedings – Immunity from coercive measures by public authorities

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Categories
Procedural Safeguards
Request Opinion (AG) Judgment
C-929/19
Party

CD and Others

Type of proceeding
Reference for a preliminary ruling
Referring court

Înalta Curte de Casație și Justiție - Romania

Compatibility of a decision of the Constitutional Court of Romania on the re-examination of corruption cases decided by the criminal chamber of the supreme court within a given period with Union law, in particular Art. 19 TEU, Art. 325 TFEU, and the PIF Directive 2017/1371 - Permittance for a national court to disapply a decision of the constitutional court which has been handed down in a case concerning a constitutional dispute and is binding under national law. For similar preliminary ruling questions, see also Case C-926/19

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Categories
Fundamental Rights Corruption Protection of Financial Interests
Request
C-926/19
Party

BR and Others

Type of proceeding
Reference for a preliminary ruling
Referring court

Înalta Curte de Casaţie şi Justiţie - Romania

Compatibility of a decision of the Constitutional Court of Romania on the organisation and composition of the High Court of Cassation of Romania with Union law, in particular Art. 325 TFEU, the Anti-Money Laundering Directive 2015/849 and the PIF Directive 2017/1371 - Permittance for a national court to disapply a decision of the constitutional court which interprets a rule of lower ranking than the Constitution.

Categories
Fundamental Rights Money Laundering Protection of Financial Interests
Request
C-919/19
Party

Generálna prokuratúra Slovenskej republiky, X.Y

Type of proceeding
Reference for a preliminary ruling
Referring court

Najvyšší súd Slovenskej republiky

1. Is Article 4(1)(a) of the Framework Decision ( 1 ) to be interpreted to the effect that the criteria set out therein are satisfied only when the sentenced person has, in the Member State of his nationality, such family, social, professional or other links that it is possible to reasonably assume from those links that enforcement in that State of the sentence may facilitate his social rehabilitation, and as therefore precluding national legislation such as Paragraph 4(1)(a) of Zákon č. 549/2011 Z.z. [Law No 549/2011] (in the version in force until 31 December 2019) which, in such cases, enables a judgment to be recognised and enforced in the event of merely formally recorded habitual residence in the executing State, regardless of whether the sentenced person has concrete links in that State which could enhance his social rehabilitation?

2. If …

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Categories
Judicial Cooperation Transfer of Sentenced Persons
Request Opinion (AG)
C-897/19 PPU
Party

I.N./Ruska Federacija,

Type of proceeding
Reference for a preliminary ruling
Referring court

Vrhovni sud (Supreme Court, Croatia)

Freedom to provide services (Art. 36 EEA Agreement) - Agreement on the surrender procedure between the Member States of the European Union and Iceland and Norway — Extradition to a third State of an Icelandic national — Protection of a Member State’s nationals against extradition — No equivalent protection for nationals of another State — Icelandic national who was granted asylum under national law before acquiring Icelandic citizenship — Restriction of freedom of movement — Justification based on the prevention of impunity — Proportionality — Verification of the guarantees provided for in Article 19(2) of the Charter of Fundamental Rights of the European Union

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Categories
Fundamental Rights European Arrest Warrant Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-863/19
Party

TS

Type of proceeding
Reference for a preliminary ruling
Referring court

Apelativen sad Varna

Are Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union (OJ 2014 L 127, p. 39, corrigendum OJ 2014 L 138, p. 114) and the Charter of Fundamental Rights of the European Union applicable with respect to a criminal offence consisting of possession of narcotics for the purpose of distribution thereof, committed by a Bulgarian citizen in the territory of the Republic of Bulgaria, and where the potential economic proceeds are also realised and located in the Republic of Bulgaria?

Should the answer to the first question be in the affirmative, how should the concept of ‘economic advantage derived […] indirectly from a criminal offence’ in Article 2(1) of the directive be understood, and can a sum of money, found …

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Categories
Area of Freedom, Security and Justice Money Laundering Terrorism Judicial Cooperation
Request Opinion (AG)
C-859/19
Party

FX, CS and ND

Type of proceeding
Reference for a preliminary ruling
Referring court

Înalta Curte de Casație și Justiție

Are Article 19(1) of the Treaty on European Union, Article 325(1) of the Treaty on the Functioning of the European Union, Article 58 of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC, 1 [and] Article 4 of Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law, 2 [which was] adopted on the basis of Article 83(2) of the Treaty on the Functioning of the …

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Categories
Area of Freedom, Security and Justice Money Laundering Terrorism Judicial Cooperation
Request Order
C-852/19
Party

Spetsializirana prokuratura

v

Ivan Gavanozov

Type of proceeding
Reference for a preliminary ruling
Referring court

Spetsializiran nakazatelen sad (Specialised Criminal Court, Bulgaria)

Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2014/41/EU – European Investigation Order – Search of residential and business premises of a person and the seizure of certain items – Hearing of the person concerned as a witness – Absence of remedies in the issuing Member State – Sincere cooperation – Mutual trust

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Categories
European Investigation Order
Related links
Request Opinion (AG) Judgment
C-845/19
Party

DR and TS / Okrazhna prokuratura – Varna,

Type of proceeding
Reference for a preliminary ruling
Referring court

Apelativen sad — Varna

Joined Cases C845/19 and C-863/19 - Scope of Directive 2014/42/EU on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union - Offences exclusively committed within a State - Concept of "economic benefit" derived from a criminal offence which has not been the subject of a conviction - Confiscation from a third party – Conditions – Confiscation of money allegedly belonging to a third party – Third party having no right to appear as a party in the confiscation proceedings – Art. 47 CFR.

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Categories
Area of Freedom, Security and Justice Freezing of Assets / Confiscation
Related links
Request Opinion (AG) Judgment
C-824/19
Party

TC, UB v Komisia za zashtita ot diskriminatsia, VA,

intervener: Varhovna administrativna prokuratura

Type of proceeding
Reference for a preliminary ruling
Referring court

Varhoven administrativen sad (Supreme Administrative Court, Bulgaria)

Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Prohibition of discrimination on grounds of disability – Article 2(2)(a) – Article 4(1) – Article 5 – Charter of Fundamental Rights of the European Union – Articles 21 and 26 – United Nations Convention on the Rights of Persons with Disabilities – Duties of juror in criminal proceedings – Blind person – Total exclusion from participation in criminal proceedings

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Categories
Fundamental Rights
Related links
Request Opinion (AG) Judgment