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-509/18
Party

Minister for Justice and Equality v
PF (Procureur général de Lituanie)

Type of proceeding
Reference for a preliminary ruling
Referring court

Irish Supreme Court

Police and judicial cooperation in criminal matters — European arrest warrant — Concept of ‘judicial authority’ — Public Prosecutor’s Office — Independence from the executive

Categories
European Arrest Warrant Judicial Cooperation Police Cooperation
Related links
Request Opinion (AG) Judgment
C-508/18
Party

Minister for Justice and Equality v O.G. and P.I.

Type of proceeding
Reference for a preliminary ruling
Referring court

Supreme Court (Ireland)

Police and judicial cooperation in criminal matters — European arrest warrant —Concept of ‘issuing judicial authority’ — European arrest warrant issued by a public prosecutor’s office of a Member State — Legal position — Whether subordinate to a body of the executive — Power of a Ministry of Justice to issue an instruction in a specific case — No guarantee of independence

Categories
European Arrest Warrant Judicial Cooperation Police Cooperation
Related links
Request Opinion (AG) Judgment
C-492/18
Party

TC

Type of proceeding
Reference for a preliminary ruling
Referring court

Rechtbank Amsterdam

Judicial cooperation in criminal matters - European Arrest Warrant - Decision to surrender - rights of the person sought - Charter of Fundamental Rights

Categories
Fundamental Rights European Arrest Warrant Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-467/18
Party

Criminal proceedings against EP

Type of proceeding
Reference for a preliminary ruling
Referring court

Rayonen sad Lukovit (Bulgaria)

Procedural rights Directives 2012/13/EU (Article 8(2)) ; 2013/48/EU (Article 12) and 2016/343 (Article 3) — National legislation authorising, on therapeutic and safety grounds, the committal to a psychiatric hospital of persons who, in a state of insanity, have committed acts representing a danger to society — Right to information about rights — Right of access to a lawyer — Right to an effective remedy — Presumption of innocence — Vulnerable persons

Categories
Fundamental Rights Procedural Safeguards
Related links
Request Opinion (AG) Judgment
C-377/18
Party

AH and others

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 (EU) 2016/343 — Article 4(1) — Presumption of innocence — Public references to guilt — Agreement concluded between the prosecutor and the perpetrator of an offence — National case-law providing for the identification of accused persons who have not concluded such an agreement — Charter of Fundamental Rights — Article 48

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Categories
Procedural Safeguards
Request Opinion (AG) Judgment
C-327/18 PPU
Party

RO

Type of proceeding
Reference for a preliminary ruling
Referring court

High Court (Ireland)

Police and judicial cooperation in criminal matters — European arrest warrant — Grounds for non-execution — Warrant issued by the judicial authorities of a Member State that has initiated the procedure for withdrawal from the European Union — Uncertainty as to the law applicable to the relationship between that State and the Union following withdrawal

More
Categories
European Arrest Warrant Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-314/18
Party

SF

Type of proceeding
Reference for a preliminary ruling
Referring court

Rechtbank Amsterdam

Interpretation of Art. 5(3) Framework Decision 2002/584/JHA on the European Arrest Warrant - Surrender of the person concerned made subject to a guarantee that that person will be returned to the executing Member State in order to serve there a custodial sentence or a measure involving deprivation of liberty imposed on that person in the issuing Member State — Question on time of return; Interpretation of Art. 3(3), 8, 25 Framework Decision 2008/909/JHA - Adaptation of the sentence imposed in the issuing Member State - Enforcement of a sentence under Art. 5(3) of FD 2002/584.

More
Categories
European Arrest Warrant Judicial Cooperation
Request Opinion (AG) View Judgment
C-311/18
Type of proceeding
Reference for a preliminary ruling
Referring court

High Court (Ireland)

Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data — Charter of Fundamental Rights of the European Union — Articles 7, 8 and 47 — Regulation (EU) 2016/679 — Article 2(2) — Scope — Transfers of personal data to third countries for commercial purposes — Article 45 — Commission adequacy decision — Article 46 — Transfers subject to appropriate safeguards — Article 58 — Powers of the supervisory authorities — Processing of the data transferred by the public authorities of a third country for national security purposes — Assessment of the adequacy of the level of protection in the third country — Decision 2010/87/EU — Protective standard clauses on the transfer of personal data to third countries — Suitable safeguards provided by the data controller — Validity — Implementing Decision (EU) 2016/1250 …

More
Categories
Data Protection
Related links
Request Opinion (AG) Judgment
C-310/18 PPU
Party

Еmil Milev

Type of proceeding
Reference for a preliminary ruling
Referring court

Spetsializiran nakazatelen sad

Judicial cooperation in criminal matters — Presumption of innocence — Public references to guilt — Remedies — Procedure for reviewing the lawfulness of pre-trial detention

Categories
Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-234/18
Party

AGRO IN 2001

Type of proceeding
Reference for a preliminary ruling
Referring court

Sofiyski gradski sad (Bulgaria)

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 - possibilities of civil-law confiscations - non conviction-based confiscation - confiscation from third parties - presumption of innocence

More
Categories
Freezing of Assets / Confiscation
Related links
Request Opinion (AG) Judgment
C-220/18 PPU
Party

ML
Generalstaatsanwaltschaft Bremen

Type of proceeding
Reference for a preliminary ruling
Referring court

Hanseatisches Oberlandesgericht in Bremen

Police and judicial cooperation in criminal matters — European arrest warrant –Surrender procedures between Member States –Conditions for execution –– Grounds for non-execution — Charter of Fundamental Rights of the European Union — Prohibition of inhuman or degrading treatment –– Detention conditions in the issuing Member State — Scope of the assessment undertaken by the executing judicial authorities – Existence of a legal remedy in the issuing Member State — Assurance given by the authorities of that Member State

More
Categories
Fundamental Rights European Arrest Warrant Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-216/18 PPU
Party

LM

Type of proceeding
Reference for a preliminary ruling
Referring court

High Court (Ireland)

Police and judicial cooperation in criminal matters — European arrest warrant — Surrender procedures between Member States — Conditions for execution — Charter of Fundamental Rights of the European Union — Right of access to an independent and impartial tribunal

More
Categories
Fundamental Rights European Arrest Warrant Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-183/18
Party

Bank BGŻ BNP Paribas S.A. in Gdańsk

Type of proceeding
Reference for a preliminary ruling
Referring court

Sąd Rejonowy Gdańsk-Południe w Gdańsku (Poland)

Council Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties - execution of financial penalty on a legal person despite the fact that the national implementing provisions implementing in the executing State do not provide for the possibility of executing a decision which imposes such a penalty on a legal person - definition of the term "legal person" as used in Article 1(a) and Article 9(3) FD.

More
Categories
Judicial Cooperation Law Enforcement Cooperation
Related links
Request Opinion (AG) Judgment
C-128/18
Party

Dumitru-Tudor Dorobantu
Generalstaatsanwaltschaft Hamburg

Type of proceeding
Reference for a preliminary ruling
Referring court

Hanseatisches Oberlandesgericht Hamburg (Germany)

Area of freedom, security and justice — Police and judicial cooperation in criminal matters — European arrest warrant — Charter of Fundamental Rights of the European Union — Prohibition of inhuman or degrading treatment — Obligation on the part of the executing judicial authorities to assess the conditions of detention in the issuing Member State — Scope of the examination — Criteria

Categories
Fundamental Rights Area of Freedom, Security and Justice European Arrest Warrant Judicial Cooperation Police Cooperation
Related links
Request Opinion (AG) Judgment
C-097/18
Party

ET

Type of proceeding
Reference for a preliminary ruling
Referring court

Rechtbank Noord-Nederland (District Court, Northern Region, Netherlands)

Judicial cooperation in criminal matters — Principle of mutual recognition of confiscation orders — Law governing the execution — Law of the executing State authorising recourse to imprisonment for the non-execution of the confiscation order — Conformity — Law of the issuing State also authorising recourse to a term of imprisonment — Lack of effect

More
Categories
Judicial Cooperation Law Enforcement Cooperation
Related links
Request Judgment
C-078/18
Party

European Commission v Hungary

Type of proceeding
Reference for a preliminary ruling

Failure of a Member State to fulfil obligations — Admissibility — Article 63 TFEU — Free movement of capital — Existence of a restriction — Burden of proof — Indirect discrimination linked to the origin of the capital — Article 12 of the Charter of Fundamental Rights of the European Union — Right to freedom of association — National rules imposing on associations receiving financial support sent from other Member States or from third countries legally binding obligations of registration, declaration and publication which can be enforced — Article 7 of the Charter of Fundamental Rights — Right to respect for private life — Article 8(1) of the Charter of Fundamental Rights — Right to the protection of personal data — National rules imposing the disclosure of information on persons providing financial support to associations and of the amount of …

More
Categories
Fundamental Rights
Related links
Request Opinion (AG) Judgment