CJEU cases

By Fulltext
By Case type
By Year
By Foundation
By Institutions
By Cooperation
By Specific Areas of Crime
By Procedural Criminal Law
Case Information Subject Matter Stage of Proceedings
C-255/23
Party

A, B, C, D, F, E, G, SIA AVVA, SIA Liftu alianse

Type of proceeding
Reference for a preliminary ruling
Referring court

Ekonomisko lietu tiesa (Latvia)

Request for a preliminary ruling - accused person residing in a different Member State - possibility of participation by videoconference, as an accused person, in judicial proceedings

Categories
European Investigation Order
Request Judgment
C-208/23
Party

Martiesta

Type of proceeding
Reference for a preliminary ruling
Referring court

Corte suprema di cassazione

European Arrest Warrant - Interpretation of Art. 1(2) and Art. 1(3) Framework Decision 2002/584/JHA - Refusal or, in any event, deferral of surrender of a pregnant woman or a mother who has minor children living with her - significance of the "best interest of the child" - compatibility of Framework Decision 2002/584/JHA with Articles 3, 7, 4, 24 and 35 of the Charter of Fundamental Rights of the European Union, taking account also the case-law of the European Court of Human Rights and the constitutional traditions common to the Member States

Categories
Fundamental Rights European Arrest Warrant Judicial Cooperation
Request
C-205/23
Party

Engie România SA v Autoritatea Națională de Reglementare în Domeniul Energiei

Type of proceeding
Reference for a preliminary ruling
Referring court

Tribunalul București

duty of transparency - principle of freedom to fix prices - Article 3(1) of Directive 2009/73/EC - ne bis in idem - Article 52 of the Charter of Fundamental Rights of the European Union - principle of proportionality

Request Opinion (AG)
C-107/23 PPU
Party

C.I., C.O., K.A., L.N., S.P.

Type of proceeding
Reference for a preliminary ruling
Referring court

Curtea de Apel Brașov (Romania)

Reference for a preliminary ruling – Protection of the financial interests of the European Union – Article 325(1) TFEU – PFI Convention – Article 2(1) – Obligation to counter fraud affecting the financial interests of the European Union by taking effective deterrent measures – Obligation to provide for criminal penalties – Value added tax (VAT) – Directive 2006/112/EC – Serious VAT fraud – Limitation period for criminal liability – Judgment of a constitutional court invalidating a national provision governing the grounds for interrupting that period – Systemic risk of impunity – Protection of fundamental rights – Article 49(1) of the Charter of Fundamental Rights of the European Union – Principle that offences and penalties must be defined by law – Requirements of foreseeability and precision of criminal law – Principle of the retroactive application of the more lenient criminal law …

More
Related links
Request Opinion (AG) Judgment
T-828/22
Party

ACE-Avocats, ensemble (Paris, France) v Council of the European Union

Type of proceeding
Action for annulment

Article 1(12), amending Article 5n(1), (2) and (5) of Regulation (EU) No 833/2014 - right of lawyers to provide legal advice services without specific restrictions - Article 47 of the Charter of Fundamental Rights of the European Union - Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms - Article 52(1) of the Charter of Fundamental Rights of the European Union

Application
C-814/22
Party

R.I. v Inspecția Judiciară, N.L.

Type of proceeding
Reference for a preliminary ruling
Referring court

Curtea de Apel București (Romania)

Effective judicial protection - Independence of the judiciary - Disciplinary investigation and proceedings - Inspecţia Judiciară (Judicial Inspectorate) - Powers of a chief inspector - Handling of disciplinary proceedings against a chief inspector - Function of a deputy chief inspector

Categories
Corruption
Related links
T-798/22
Party

Ordre des avocats à la cour de Paris and Couturier v Council

Type of proceeding
Action for annulment

Article 1(12) of Council Regulation (EU) 2022/1904 of 6 October 2022 amending Regulation (EU) No 833/2014 - restrictive measures in view of Russia’s actions destabilising the situation in Ukraine - obligation to state reasons - Article 7 of the Charter of Fundamental Rights of the European Union - right to be ‘advised’ by a lawyer

Application
T-797/22
Party

Ordre néerlandais des avocats du barreau de Bruxelles and Others v Council

Type of proceeding
Action for annulment

Article 1(12) of Council Regulation (EU) 2022/1904 of 6 October 2022 amending Regulation (EU) No 833/2014 - restrictive measures in view of Russia’s actions destabilising the situation in Ukraine - infringement of the fundamental rights to protection of privacy and access to justice - breach of the principle of proportionality - not suitable for achieving the legitimate objectives - breach of the principle of legal certainty

Application
C-763/22
Party

Procureur de la République v OP

Type of proceeding
Reference for a preliminary ruling
Referring court

Tribunal judiciaire de Marseille

Does Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States 1 preclude the legislation of a Member State from granting a governmental authority the power to decide, between a European arrest warrant and a concurrent extradition request issued by a third country, which of the two is to be executed, without any possibility of legal remedy?

Categories
European Arrest Warrant Judicial Cooperation
Request
C-760/22
Party

FP, QV, IN, YL, VD, JF and OL

Type of proceeding
Reference for a preliminary ruling
Referring court

Sofiyski gradski sad

Right of a defendant to be present at his or her trial - Article 8(1) of Directive 2016/343 - video conference - effective and confidential means of conferring with his or her lawyer

Categories
Procedural Safeguards
Request Opinion (AG) Judgment
C-730/22
Party

LG & Others v Commission

Type of proceeding
Action for annulment

Investigations conducted by the European Anti-Fraud Office (OLAF) - Article 9(4) of Regulation 883/2013, as amended by Regulation 2020/2223 - Not providing suspects with reasonably detailed and clear fact statements and an additional opportunity to comment on such statements

Categories
OLAF Procedural Safeguards
Related links
C-670/22
Party

M.N. v Staatsanwaltschaft Berlin

Type of proceeding
Reference for a preliminary ruling
Referring court

Landgericht Berlin (Regional Court of Berlin, Germany)

Reference for preliminary ruling in EncroChat case - Judicial cooperation in criminal matters – Interpretation of Directive 2014/41/EU on the European Investigation Order in criminal matters – Concept of "issuing authority" – Spying on and transmitting traffic, location, and communication data of an internet-based communications service provider from France to Germany – Mobile phones equipped with encryption software – Illicit trafficking in substantial quantities of narcotic drugs – Use of evidence in criminal proceedings

Categories
Organised Crime European Investigation Order Judicial Cooperation Police Cooperation Procedural Safeguards
Related links
Request Opinion (AG) Judgment
C-603/22
Party

M.S., J.W., M.P.

Type of proceeding
Reference for a preliminary ruling
Referring court

Sąd Rejonowy w Słupsku, Poland

Interpretation of Union law in the area of procedural guarantees for children in criminal proceedings with regard to the right to defense counsel and the obligations to provide information incumbent on the prosecuting authorities - Compatibility of provisions of national law with Union law - Right or obligation to disregard national provisions that are incompatible with directives - Possibility, right or duty to exclude evidence obtained in breach of provisions of directives in criminal proceedings - Duties of the public prosecutor in connection with effective judicial protection - Compatibility with Union law of provisions empowering the Minister for Justice to issue binding instructions to public prosecutors and to order the suspension of a judge from the performance of his duties - Art. 267 of the Treaty on the Functioning of the European Union.

Categories
Procedural Safeguards
Request Opinion (AG)
C-583/22 PPU
Party

MV

Type of proceeding
Reference for a preliminary ruling
Referring court

Bundesgerichtshof (Federal Court of Justice, Germany)

Framework Decision 2008/675/JHA – Article 3(1) – Principle of assimilation of earlier convictions handed down in another Member State – Obligation to ensure that the effects attached to those convictions are equivalent to those attached to previous national convictions – National rules concerning subsequent formation of a cumulative sentence – Multiple offences – Determination of an aggregate sentence – Maximum of 15 years for non-life custodial sentences – Article 3(5) – Exception – Offence committed before the handing down or execution of sentences in another Member State

Categories
Area of Freedom, Security and Justice Judicial Cooperation Police Cooperation
Request Opinion (AG) Judgment
C-578/22
Party

EDPS v Parliament and Council

Type of proceeding
Action for annulment

requested annulment of Article 74a and Article 74b of Regulation 2016/794 as amended by Regulation 2022/991

Categories
Europol European Data Protection Supervisor (EDPS) Police Cooperation Data Protection
Related links
Application
C-492/22 PPU
Party

CJ

Type of proceeding
Reference for a preliminary ruling
Referring court

Rechtbank Amsterdam (Netherlands)

European arrest warrant - Framework Decision 2002/584/JHA - Art. 6(2) - Determination of competent judicial authorities - Decision to postpone surrender of requested person issued by an institution which is not an executing judicial authority - Art. 23 - Expiry of time limits for surrender - Consequences - Art. 12 and Art. 24, para. 1 - Detention of the requested person for the purpose of prosecution in the executing Member State - Art. 6, 47 and 48 of the Charter of Fundamental Rights of the European Union - Right of the prosecuted person to appear in person at the trial

Categories
Judicial Cooperation Procedural Safeguards
Request Opinion (AG) Judgment