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-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?

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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

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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

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Categories
Procedural Safeguards
Related links
Request Opinion (AG) Judgment
C-467/19 PPU
Party

Criminal proceedings against QR

Type of proceeding
Reference for a preliminary ruling
Referring court

Spetsializiran nakazatelen sad (Bulgaria)

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 - negotiated penalty concluded between the prosecution and the defence - consistency with Article 7(4) of Directive 2016/343, with Article 47 and Article 52 of the Charter, and with the principles of effectiveness and equality

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Categories
Fundamental Rights Procedural Safeguards
Request Order
C-439/19
Party

B v Latvijas Republikas Saeima

Type of proceeding
Reference for a preliminary ruling
Referring court

Satversmes tiesa (Latvia)

General Data Protection Regulation (2016/679) - Art. 10 - processing of information relating to penalty points recorded against drivers for motoring offences

Categories
Data Protection
Request Opinion (AG) Judgment
C-398/19
Party

Generalstaatsanwaltschaft Berlin - BY

Type of proceeding
Reference for a preliminary ruling
Referring court

Kammergericht Berlin (Germany)

Extradition of Union citizens to third countries - non-discrimination on grounds of nationality - Right of entry and residence - Union citizenship, but not at the time of arrest - follow-up to the Petruhhin judgment (C-182/15)

Categories
Fundamental Rights Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-397/19
Party

AX v Statul Român ‑ Ministerul Finanţelor Publice

Type of proceeding
Reference for a preliminary ruling
Referring court

Tribunalul Bucureşti (Regional Court, Bucharest, Romania

Commission Decision 2006/928/EC establishing a Mechanism for Cooperation and Verification (MCV) – Art. 47 of the Charter of Fundamental Rights of the European Union – Second subparagraph of Article 19(1) TEU ‑ Rule of law – Judicial independence – State liability – Civil liability of members of the judiciary for judicial error)

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Categories
Fundamental Rights
Related links
Request Opinion (AG)
C-393/19
Party

Criminal proceedings against OM

Type of proceeding
Reference for a preliminary ruling
Referring court

Apelativen sad Plovdiv - Bulgaria

Freezing and confiscation of instrumentalities and proceeds of crime in the European Union - fundamental rights - right to property and right to effective remedy (Art. 17 and 47 CFR) - Framework Decision 2005/212/JHA - Directive 2014/42/EU - National legislation providing for the confiscation, for the benefit of the State – Property belonging to a third party acting in good faith

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Categories
Freezing of Assets / Confiscation
Related links
Request Opinion (AG) Judgment
T-386/19
Party

CQ v. European Court of Auditors

Type of proceeding
Action for annulment

Activity incompatible with the duties of a Member of the Court of Auditors – Expenses considered undue – Recovery decision – Decision of the Court of Justice ruling on the breach of the obligations arising from the office of Member of the Court of Auditors – Lawfulness of OLAF’s investigation and final report – Duty to state reasons – Limitation period – Legitimate expectations – Error of assessment – Non-contractual liability – Non-material damage

Categories
OLAF Protection of Financial Interests
Related links
Application Judgement Order
C-379/19
Party

DNA- Serviciul Teritorial Oradea

Type of proceeding
Reference for a preliminary ruling
Referring court

Tribunalul Bihor (Regional Court of Bihor, Romania)

Commission Decision 2006/928/EC establishing a mechanism for cooperation and verification (MCV) – Legal effects of the MCV and of the reports established by the Commission on its basis – Criminal proceedings relating to corruption – Decisions of a constitutional court ruling on the exclusion of evidence obtained by or in collaboration with the intelligence services – Article 47 of the Charter of Fundamental Rights of the European Union – Judicial independence – Primacy of EU law – Disciplinary proceedings against judges

More
Categories
Rule of Law Corruption
Request Opinion (AG)
C-357/19
Party

Ministerul Public – Parchetul de pe lângă Înalta Curte de Casaţie şi Justiţie – Direcţia Naţională Anticorupţie, and others v QN and others

and

CY, Asociaţia ‘Forumul Judecătorilor din România’ v Inspecţia Judiciară,
Consiliul Superior al Magistraturii, Înalta Curte de Casaţie şi Justiţie

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 – Convention on the protection of the European Communities’ financial interests – Criminal proceedings concerning corruption – Projects partially funded by European funds – Decision of a constitutional court ruling on the legality of the composition of judicial panels – National legislation providing for the composition of judicial panels by drawing lots – Extraordinary appeal against final judgments – 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 members of the judiciary

More
Categories
Protection of Financial Interests
Related links
Request Opinion (AG) Judgment Order
C-272/19
Party

VQ v Land Hessen

Type of proceeding
Reference for a preliminary ruling
Referring court

Verwaltungsgericht Wiesbaden (Administrative Court of Wiesbaden, Germany)

Reference for a preliminary ruling — Article 267 TFEU — Concept of ‘court or tribunal’ — Protection of natural persons with regard to the processing of personal data — Regulation (EU) 2016/679 — Scope — Article 2(2)(a) — Meaning of ‘activity which falls outside the scope of Union law’ — Article 4(7) — Concept of ‘controller’ — Petitions Committee of the parliament of a Federated State of a Member State — Article 15 — Right of access by the data subject

More
Categories
Data Protection
Related links
Request Judgment
C-221/19
Party

Criminal proceedings against AV

Type of proceeding
Reference for a preliminary ruling
Referring court

Sąd Okręgowy w Gdańsku (Poland)

Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union - Art. 3(3) - interference - aggregate sentences

Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union - taking over of aggregate sentences

More
Categories
Judicial Cooperation Taking Account of Convictions Transfer of Sentenced Persons
Request Opinion (AG) Judgment
C-154/19
Party

Kypriaki Kentriki Archi v GA

Type of proceeding
Reference for a preliminary ruling
Referring court

Eparchiako Dikastirio Larnakas (District Court of Larnaka, Cyprus)

European Arrest Warrant - independence - Hamburg Public Prosecutor’s Office as issuing judicial authority within the meaning of Art. 6(1) FD EAW

See judgments of 27 Mai 2019, OG and PI (Parquets de Lübeck et de Zwickau) (C-508/18 et C-82/19 PPU, EU:C:2019:456)

Categories
European Arrest Warrant Judicial Cooperation
Request
C-129/19
Party

Appellant: Presidenza del Consiglio dei Ministri
Respondent: BV

Type of proceeding
Reference for a preliminary ruling
Referring court

Corte suprema di cassazione (Italy)

Fair and appropriate compensation to crime victims - implementation of Directive - effet utile

Categories
Fundamental Rights Victim Protection
Related links
Request Opinion (AG) Judgment