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-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

More
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

More
Categories
Area of Freedom, Security and Justice
Related links
Request Opinion (AG) Judgment
C-117/20
Party

bpost SA

Type of proceeding
Reference for a preliminary ruling
Referring court

Court of Appeal, Brussels, Belgium

(Reference for a preliminary ruling – Article 50 of the Charter of Fundamental Rights of the European Union – Principle ne bis in idem – Fine imposed by a national postal regulator – Fine imposed by a national competition authority

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Categories
Fundamental Rights Ne bis in idem
Related links
Request Opinion (AG) Judgment
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?

More
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

More
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

More
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

More
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

More
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

More
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

More
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