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-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
C-821/19
Party

European Commission
v
Hungary

Type of proceeding
Actions for failure to fulfil obligations

Failure of a Member State to fulfil obligations – Area of freedom, security and justice – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Article 33(2) – Grounds of admissibility of applications for international protection – Exhaustive nature – Additional ground of inadmissibility in national law – Article 8(2) – Access at border crossing points for organisations and persons providing advice and counselling to applicants for international protection – Article 12(1)(c) – Opportunity for applicants for international protection to communicate with organisations and persons providing advice and counselling – Article 22(1) – Opportunity for applicants for international protection to consult, at their own cost, a legal adviser or other counsellor – Directive 2013/33/EU – Article 10(4) – Possibility for the legal advisers and the other counsellors to communicate with applicants for international protection – Criminalisation, under …

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Categories
Fundamental Rights Procedural Safeguards
Related links
Action Opinion (AG) Judgment
C-817/19
Party

Ligue des droits humains

Type of proceeding
Reference for a preliminary ruling
Referring court

Cour constitutionelle (Belgium)

Compatibility of several provisions of Directive 2016/681 (EU PNR Directive) with Articles 7, 8, and 52 of the Charter of Fundamental Rights.

Categories
Fundamental Rights Data Protection
Related links
Request Opinion (AG) Judgment
C-811/19
Party

Ministerul Public – Parchetul de pe lângă Înalta Curte de Casaţie şi Justiţie – Direcţia Naţională Anticorupţie

v

FQ, GP, HO, IN

and

Ministerul Public – Parchetul de pe lângă Înalta Curte de Casație și Justiție – Direcția Națională Anticorupție

v

NC

Type of proceeding
Reference for a preliminary ruling
Referring court

Înalta Curte de Casaţie şi Justiţie (High Court of Cassation and Justice, Romania)

Reference for a preliminary ruling – Protection of the European Union’s financial interests – Article 325(1) TFEU – Criminal proceedings relating to corruption – Projects partially funded by European funds – National legislation establishing a specialisation requirement for judicial panels in corruption cases – Decision of a constitutional court ordering the re-examination at first instance of judicial decisions handed down by non-specialised panels – Right to a tribunal previously established by law – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Judicial independence – Second subparagraph of Article 19(1) TEU – Primacy of EU law – Disciplinary proceedings against judges

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Categories
Corruption Protection of Financial Interests
Related links
Request Opinion (AG)
C-794/19
Party

Telekom Deutschland

Type of proceeding
Reference for a preliminary ruling
Referring court

Bundesverwaltungsgericht (Federal Administrative Court)

Compatibility of the German rules on the retention of traffic and location data - interpretation of Art. 15 of Directive 2002/58/EC in the light of Arts. 7, 8, 11, and 52(1) CFR

Categories
Data Protection
Related links
Request
C-793/19
Party

SpaceNet AG

Type of proceeding
Reference for a preliminary ruling
Referring court

Bundesverwaltungsgericht (Federal Administrative Court of Germany)

Compatibility of the German rules on the retention of traffic and location data - Interpretation of Art. 15 of Directive 2002/58/EC in the light of Arts. 7, 8, 11 and 52(1) CFR.

Categories
Data Protection
Related links
Request Opinion (AG) Judgment Order
C-791/19
Party

Commission v Poland

Type of proceeding
Actions for failure to fulfil obligations

Infringement proceedings - Interim measures – Independence of the Disciplinary Chamber of the Polish Supreme Court - Art. 19(1) subpara. 2 TEU

Categories
Fundamental Rights
Related links
Action Opinion (AG) Judgment
C-790/19
Party

LG, MH

Type of proceeding
Reference for a preliminary ruling
Referring court

Curtea de Apel Braşov

Must Article 1(3)(a) 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 be interpreted as meaning that the person who commits the act which constitutes the offence of money laundering must always be a person other than the person who commits the predicate offence (the alleged offence from which is derived the money that is laundered)?

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Categories
Money Laundering
Related links
Request Opinion (AG) Judgment
C-754/19
Party

Applicant: Prokuratura Rejonowa Warszawa — Wola w Warszawie

Defendant: CU

Type of proceeding
Reference for a preliminary ruling
Referring court

Sąd Okręgowy w Warszawie

1.

Should the second subparagraph of Article 19(1) of the Treaty on European Union, in conjunction with Article 2 thereof and the principle of the rule of law enshrined therein, and Article 6(1) and (2) of Directive (EU) 2016/343 of the European Parliament and of the Council, (1) in conjunction with recital 22 thereof, be interpreted as meaning that the requirements of effective judicial protection, including the independence of the judiciary, and the requirements arising from the presumption of innocence are infringed in the case where judicial proceedings, such as criminal proceedings against a person accused under Article 296(2) of the Penal Code and other matters, are conducted in the following manner:

the composition of the court includes a judge (NI) delegated pursuant to a personal decision of the Minister Sprawiedliwości (Minister for Justice) from a court situated one …

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Categories
Area of Freedom, Security and Justice Judicial Cooperation
Request