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.
Case Information | Subject Matter | Stage of Proceedings |
---|---|---|
C-486/20
|
Is point 8 of Annex I to Directive (EU) 2016/681 1 compatible with Articles 7 and 8 and the first paragraph of Article 52 of the Charter of Fundamental Rights of the European Union in view of the fact that it is not clear whether it includes only the information relating to the fact that the person concerned has frequent flier status, or also other information relating to flights and bookings covered by the frequent flyer programme, which might mean that the requirement relating to the clarity and precision of rules affecting the right to protection of private life and the right to protection of personal data is not met? Is point 12 of Annex I to Directive (EU) 2016/681 compatible with Articles 7 and 8 and the first paragraph of Article 52 of the Charter of Fundamental Rights of … MoreCategoriesHuman Rights Issues |
Request |
C-454/20
|
Principle of legality of criminal offences and penalties - National legislation that provides for both administrative and criminal liability for the same act (driving a motor vehicle that is not duly registered) - Proportionality of penalties within the meaning of Art. 49(3) of the Charter of Fundamental Rights of the European Union MoreCategoriesNe bis in idem Procedural Safeguards |
Request Order |
C-420/20
|
Interpretation of Art. 8(1) of Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings - Relationship between a ban under administrative law on entering and residing in the country in which the criminal proceedings are being conducted and the right to be present in person at the trial - Conversion of the "right to be present" into an obligation to be present under national implementation legislation - Waiver of the right to be present. MoreCategoriesProcedural Safeguards |
Request Opinion (AG) Judgment |
C-416/20 PPU
|
Refusal of a European Arrest Warrant for trials in absentia - non-compliance with Art. 8 and 9 of Directive 343/2016 in the issuing Member State - obligations to execute EAWs - flight of the requested person - examination of in absentia constellations - Art. 4a FD EAW as facultative refusal ground CategoriesEuropean Arrest WarrantRelated links |
Request Opinion (AG) Judgment |
C-414/20
|
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Surrender procedures between Member States – Article 6(1) and Article 8(1)(c) – European arrest warrant issued on the basis of a national measure putting a person under investigation – Concept of an ‘arrest warrant or any other enforceable judicial decision having the same effect’ – No national arrest warrant – Consequences – Effective judicial protection – Article 47 of the Charter of Fundamental Rights of the European Union MoreCategoriesEuropean Arrest WarrantRelated links |
Request Opinion (AG) Judgment |
C-397/20
|
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 … MoreCategoriesData ProtectionRelated links |
Request Opinion (AG) |
C-368/20
|
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 … MoreCategoriesSchengenRelated links |
Request Opinion (AG) Judgment |
C-354/20 PPU
|
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) MoreCategoriesEuropean Arrest WarrantRelated links |
Request Opinion (AG) Judgment |
C-339/20
|
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 MoreCategoriesData ProtectionRelated links |
Request Opinion (AG) Judgment |
C-338/20
|
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? MoreCategoriesFinancial Penalties Procedural SafeguardsRelated links |
Request Opinion (AG) Judgment |
C-282/20
|
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. CategoriesProcedural SafeguardsRelated links |
Request Judgment |
C-222/20
|
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 … MoreCategoriesFundamental Rights Law Enforcement Cooperation Data ProtectionRelated links |
Request |
C-215/20
|
Compatibility of the PNR Directive 2016/681 with fundamental rights CategoriesFundamental Rights Data ProtectionRelated links |
Request |
C-206/20
|
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 MoreCategoriesEuropean Arrest WarrantRelated links |
Request Order |
C-205/20
|
Interpretation of Directive 2014/67/EU - Posting of workers - enforcement through administrative fines - Obligations relating to the reporting of workers and the retention of records of wages – Penalties for failure to comply – Requirement of proportionality of the said penalties, laid down in Article 20 of that directive – Direct effect The case is related to Case C-384/17 and involves a change of approach by the CJEU in view of the direct effect of a Directive's obligation to foresee effective, proportionate and dissuasive penalties. MoreCategoriesArea of Freedom, Security and Justice Illegal Employment |
Request Opinion (AG) Judgment |
C-203/20
|
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 … MoreCategoriesArea of Freedom, Security and Justice Judicial Cooperation Ne bis in idemRelated links |
Request Opinion (AG) Judgment |