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.

By Fulltext
By Case type
By Year
By Foundation
By Institutions
By Cooperation
By Specific Areas of Crime
By Procedural Criminal Law
Case Information Subject Matter Stage of Proceedings
C-601/20
Party

SOVIM

Type of proceeding
Reference for a preliminary ruling
Referring court

Tribunal d'arrondissement - Luxembourg

Interpretation of Directive 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing - Limit of public access to information of beneficial owners of a company - Luxembourgish "Register for Beneficial Owners" (RBO) - infringements of the right to respect for private and family life, the right to protection of data and/or the right to an effective judicial remedy - Access without monitoring and justification and without any knowledge of beneficial owner - compatibility of access to beneficial owner information by the general public with the principles of the General Data Protection Regulation (GDPR)

Categories
Fundamental Rights Money Laundering Data Protection
Related links
Request Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
C-570/20
Party

BV v Direction départementale des finances publiques de la Haute-Savoie

Type of proceeding
Reference for a preliminary ruling
Referring court

Court de Cassation, France

Value added tax (VAT) – Directive 2006/112/EC – Fraudulent concealment of tax due – Penalties – National legislation which provides for an administrative penalty and a criminal penalty for the same acts – Charter of Fundamental Rights of the European Union – Article 49 – Article 50 – Principle ne bis in idem – Article 52(1) – Limitations to the principle ne bis in idem – Requirement to provide for clear and precise rules – Possibility of taking into account the interpretation of national legislation by national courts – Need to provide for rules ensuring the proportionality of all of the penalties imposed – Penalties of different kinds

More
Categories
Fundamental Rights Protection of Financial Interests Ne bis in idem
Related links
Request Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
C-569/20
Party

IR

Type of proceeding
Reference for a preliminary ruling
Referring court

Spetsializiran nakazatelen sad, Bulgaria

Investigative measures carried out in absentia - interpretation and scope of Art. 8(2)(b) in conjunction with recitals 36 to 39 of Directive 2016/343 and Art. 4а(1)(b) in conjunction with recitals 7 to 10 of Framework Decision 2009/299 - sufficiency of legal protection under the Bulgarian Code of Criminal Procedure

More
Categories
Procedural Safeguards
Related links
Request Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
C-562/20
Party

SIA ‘Rodl & Partner’ v. Valsts ieņēmumu dienests

Type of proceeding
Reference for a preliminary ruling
Referring court

Administratīvā rajona tiesa, Latvia

Prevention of the use of the financial system for the purposes of money laundering or terrorist financing - Directive (EU) 2015/849 - Article 18(1) and (3) - Point 3(b) of Annex III - Risk-based approach - Risk assessment carried out by obliged entities - Identification of risks by Member States and obliged entities - Customer due diligence measures - Enhanced due diligence measures - High-corruption-risk third countries - Article 13(1)(c) and (d) - Evidence and documentation requirements for obliged entities - Article 14(5) - Ongoing monitoring of customers by obliged entities - Publication of decisions imposing a sanction

More
Categories
Money Laundering Protection of Financial Interests
Request Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
C-520/20
Party

DB, LY

Type of proceeding
Reference for a preliminary ruling
Referring court

Administrativen sad Silistra, Bulgaria

Question referred: Must Article 39 of Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II), and in particular Article 39(3) thereof, be interpreted as meaning that it allows national rules and administrative practices under which, if the competent executing authority has valid reason to conclude that the alert entered in the SIS is not covered by the objectives for which it has been registered, and in particular the objectives laid down in Article 38(1), that authority can and must refuse to execute it?

More
Categories
Schengen Judicial Cooperation Data Protection
Request Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
C-505/20
Party

RR and JG

Type of proceeding
Reference for a preliminary ruling
Referring court

Spetsializiran nakazatelen sad, Bulgaria

Interpretation of 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 - freezing of alleged instrumentalities and alleged proceeds of a criminal offence - rights of accused and third parties

More
Categories
Financial Penalties
Request Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
C-486/20
Type of proceeding
Reference for a preliminary ruling
Referring court

Ustavno sodišče Republike Slovenije

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 …

More
Categories
Human Rights Issues
Request Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
C-454/20
Party

Criminal proceedings against AZ

Type of proceeding
Reference for a preliminary ruling
Referring court

Rayonen sad Lukovit, Bulgaria

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

More
Categories
Ne bis in idem Procedural Safeguards
Request Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
C-420/20
Party

Criminal proceedings against HN

Type of proceeding
Reference for a preliminary ruling
Referring court

Sofiyski rayonen sad, Bulgaria

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.

More
Categories
Procedural Safeguards
Request Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
C-416/20 PPU
Party

TR v Generalstaatsanwaltschaft Hamburg

Type of proceeding
Reference for a preliminary ruling
Referring court

Hanseatisches Oberlandesgericht Hamburg (Higher Regional Court of Hamburg)

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

Categories
European Arrest Warrant
Related links
Request Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
C-414/20
Party

MM

Type of proceeding
Reference for a preliminary ruling
Referring court

Spetsializiran nakazatelen sad (Specialised Criminal Court, Bulgaria)

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

More
Categories
European Arrest Warrant
Related links
Request Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
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 …

More
Categories
Data Protection
Related links
Request Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
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 …

More
Categories
Schengen
Related links
Request Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
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)

More
Categories
European Arrest Warrant
Related links
Request Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
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

More
Categories
Data Protection
Related links
Request Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
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?

More
Categories
Financial Penalties Procedural Safeguards
Related links
Request Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision