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-627/19 PPU
Party

Openbaar Ministerie v ZB

Type of proceeding
Reference for a preliminary ruling
Referring court

Rechtbank Amsterdam

European Arrest Warrant for the purpose of enforcement of sentence - Belgian prosecutor as issuing authority within the meaning of Art. 6(1) FD EAW.

Categories
European Arrest Warrant Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-625/19 PPU
Party

Openbaar Ministerie

Type of proceeding
Reference for a preliminary ruling
Referring court

Rechtbank Amsterdam (Netherlands)

Framework Decision on the European Arrest Warrant - Swedish Prosecution Authority as issuing judicial authority within the meaning of Art. 6(1) FD.

Categories
European Arrest Warrant
Related links
Request Opinion (AG) Judgment
C-615/19
Party

Dalli v Commission

Type of proceeding
Reference for a preliminary ruling

Appeal to judgment T-399/17 - Action for damages – Non-contractual liability – Compensation for damage purportedly suffered by the appellant as a result of allegedly illegal conduct of the Commission and the European Anti-Fraud Office (OLAF) connected with the termination of his office as a Member of the Commission on 16 October 2012)

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Categories
Fundamental Rights OLAF Protection of Financial Interests
Related links
Request Opinion (AG) Judgment
C-603/19
Party

Úrad špeciálnej prokuratúry Generálnej prokuratúry Slovenskej republiky v TG and UF

Type of proceeding
Reference for a preliminary ruling
Referring court

Špecializovaný trestný súd (Slovakia)

Applicability of Directive 2012/29/'EU establishing minimum standards on the rights, support and protection of victims of crime to legal persons or state authorities - misappropriation of funds - compensation claims by States - lack of appeal - compatibility of national legislation with Articles 17 and 47 of the Charter of Fundamental Rights of the European Union, Article 325 TFEU and Article 38(1)(h) of Council Regulation (EC) No 1260/1999 of 21 June 1999 on Structural Funds - interpretation of the term "damage" according to the Convention on the protection of the European Communities’ financial interests of 26 July 1995

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Categories
Protection of Financial Interests
Related links
Request Judgment
C-584/19
Party

Staatsanwaltschaft Wien

Type of proceeding
Reference for a preliminary ruling
Referring court

Landgericht für Strafsachen Wien (Austria)

Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters - German public prosecutor as competent issuing "judicial authority" within the meaning of Art. 1 and Art. 2(c) of the Directive.

Categories
European Investigation Order
Related links
Request Opinion (AG) Judgment
C-566/19 PPU
Party

Parquet général du Grand-Duché de Luxembourg v JR

Type of proceeding
Reference for a preliminary ruling
Referring court

Cour d’appel de Luxembourg

Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States - French public prosecutor's office as issuing judicial authority within the within the autonomous meaning of that term in Article 6(1) FD.

The case was joined with caseC-626/19 ( Openbaar Ministerie v YC) - reference for preliminary ruling by the Rechtbank Amsterdam.

Categories
European Arrest Warrant Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-564/19
Party

IS

Type of proceeding
Reference for a preliminary ruling
Referring court

Pesti Központi Kerületi Bíróság (Central District Court, Pest, Hungary)

Reference for a preliminary ruling – Judicial cooperation in criminal matters – Right to information in criminal proceedings – Directive 2012/13/EU – Right to interpretation and translation – Directive 2010/64/EU – Right to be present at one's trial in criminal proceedings – Directive 2016/343/EU – Right to an effective remedy and an impartial tribunal – Article 47 of the Charter of Fundamental Rights of the European Union – Article 267 TFEU – Admissibility – Appeal in the interests of the law against an order for reference – Power of the higher court to declare that order unlawful

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Categories
Fundamental Rights
Related links
Request Opinion (AG) Judgment
C-561/19
Party

Consorzio Italian Management,

Catania Multiservizi SpA

v

Rete Ferroviaria Italiana SpA

Type of proceeding
Reference for a preliminary ruling
Referring court

Consiglio di Stato (Council of State, Italy)

Reference for a preliminary ruling – third paragraph of Article 267 TFEU – Court or tribunal of a Member State against whose decisions there is no judicial remedy under national law – Duty to refer – Scope – Exceptions and criteria deriving from the judgment in CILFIT and Others

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Categories
European Court of Justice (ECJ)
Related links
Request Opinion (AG) Judgment
C-554/19
Party

FU

Type of proceeding
Reference for a preliminary ruling
Referring court

Amtsgericht Kehl, Germany

Schengen Borders Code - Identity checks in the vicinity of an internal border of the Schengen area - Possibility of checks without regard to the conduct of the person concerned or the existence of special circumstances - National legal framework on the intensity, frequency and selectivity of checks.

Categories
Schengen Police Cooperation Procedural Safeguards
Request Order
C-510/19
Party

Openbaar Ministerie, YU, ZV v AZ

Type of proceeding
Reference for a preliminary ruling
Referring court

Hof van beroep te Brussel

Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States - autonomous interpretation of executing judicial authority in Art. 6(2) FD - Netherlands Openbaar Ministerie (Public Prosecution Service), more specifically the Officier van Justitie (Public Prosecutor), covered by the concept of judicial authority? - supplementary surrender according to Art. 27 FD - defendant’s right to be heard and right of access to the courts

See also AG: Independence of Executing Judicial Authority Necessary to Decide on EAW Issues

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Categories
European Arrest Warrant Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-508/19
Party

M.F.

v

J.M.,

joined parties:

Prokurator Generalny,

Rzecznik Praw Obywatelskich

Type of proceeding
Reference for a preliminary ruling
Referring court

Sąd Najwyższy (Supreme Court, Poland)

Reference for a preliminary ruling – Article 2, Article 4(3), Article 6(3) and the second subparagraph of Article 19(1) TEU – Article 267 TFEU – Article 47 of the Charter of Fundamental Rights of the European Union – Rule of law – Effective judicial protection – Principle of judicial independence – Appointment to the position of Supreme Court judge by the President of the Republic on the proposal by the National Council of the Judiciary – Launch of the recruitment procedure without a ministerial countersignature – Judge appointed despite an action attacking the resolution of that council and a preliminary reference procedure – Request for a finding that there is no employment relationship between such a judge and the Sąd Najwyższy (Supreme Court) – Primacy of EU law

Categories
Fundamental Rights
Related links
Request Opinion (AG) Judgment
C-505/19
Type of proceeding
Reference for a preliminary ruling
Referring court

Verwaltungsgericht Wiesbaden (Administrative Court, Wiesbaden, Germany)

Reference for a preliminary ruling – Convention implementing the Schengen Agreement – Article 54 – Charter of Fundamental Rights of the European Union – Article 50 – Ne bis in idem principle – Article 21 TFEU – Freedom of movement of persons – Interpol red notice – Directive (EU) 2016/680 – Lawfulness of the processing of personal data contained in such a notice

More
Categories
Judicial Cooperation Ne bis in idem
Related links
Request Opinion (AG) Judgment
C-489/19 PPU
Party

NJ (Parquet de Vienne)

Type of proceeding
Reference for a preliminary ruling
Referring court

Kammergericht Berlin

Does the dependence of a public prosecutor's office on instructions prevent him from effectively issuing a European arrest warrant, even if that decision is subject to a full judicial review before the execution of the European arrest warrant?

More
Categories
European Arrest Warrant Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-488/19
Party

Minister for Justice and Equality v JR

Type of proceeding
Reference for a preliminary ruling
Referring court

High Court (Ireland)

Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States - application to the situation where the requested person was convicted and sentenced in a third state but by virtue of a bilateral treaty between that third state and the issuing state, the judgment in the third state was recognised in the issuing state and enforced according to the laws of the issuing state - optional grounds for non-execution of EAW in Art. 4.1 and 4.7(b) FD EAW.

Categories
European Arrest Warrant
Related links
Request Opinion (AG) Judgment
C-487/19
Party

W.Ż.

joined parties:

Prokurator Generalny zastępowany przez Prokuraturę Krajową, formerly Prokurator Prokuratury Krajowej Bożena Górecka,

Rzecznik Praw Obywatelskich

Type of proceeding
Reference for a preliminary ruling
Referring court

Sąd Najwyższy (Supreme Court, Poland)

Reference for a preliminary ruling – Article 2, Article 6(1) and (3) and the second subparagraph of Article 19(1) TEU – Article 267 TFEU – Article 47 of the Charter of Fundamental Rights of the European Union – Rule of law – Effective judicial protection – Court established by law – Principle of judicial independence – Appointment to the position of Supreme Court judge by the President of the Republic on the proposal by the National Council of the Judiciary – Judge appointed despite a pending legal action attacking the resolution of the National Council of the Judiciary proposing the appointment of the interested party and of a judicial decision ordering the suspension of that resolution

More
Categories
Fundamental Rights
Related links
Request Opinion (AG) Judgment
C-481/19
Party

DB

v

Commissione Nazionale per le Società e la Borsa (Consob),

intervening parties:

Presidente del Consiglio dei ministri,

Type of proceeding
Reference for a preliminary ruling
Referring court

Corte costituzionale (Constitutional Court, Italy)

Reference for a preliminary ruling – Approximation of laws – Directive 2003/6/EC – Article 14(3) – Regulation (EU) No 596/2014 – Article 30(1)(b) – Market abuse – Administrative sanctions of a criminal nature – Failure to cooperate with the competent authorities – Articles 47 and 48 of the Charter of Fundamental Rights of the European Union – Right to remain silent and to avoid self-incrimination

More
Categories
Procedural Safeguards
Related links
Request Opinion (AG) Judgment