CJEU cases

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Case Information Subject Matter Stage of Proceedings
C-400/23
Party

VB

Type of proceeding
Reference for a preliminary ruling
Referring court

Sofiyski gradski sad

second sentence of Article 8(4) of Directive (EU) 2016/343 (1) - person who is convicted in absentia - 'informed about the decision'

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Request Opinion (AG)
C-398/23
Party

PT

Type of proceeding
Reference for a preliminary ruling
Referring court

Sofiyski gradski sad

national law which stipulates that the co-defendants and their defence counsel must give their consent in order for an agreement discontinuing criminal proceedings against a defendant to receive approval when those proceedings are at the trial stage - proceedings at the pre-trial stage - Article 4(1) and Article 5 of Framework Decision 2004/757 (1) and Article 4 of Framework Decision 2008/841, (2) - Article 20 of the Charter - national law that provides for that limitation also as a consequence of providing the defendant with detailed information on the accusation

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Request
C-338/23
Party

M.S.S. and Others

Type of proceeding
Reference for a preliminary ruling
Referring court

Sofiyski gradski sad

‘conflict of interests’ between the defendant and the judge - deliberately and knowingly create artificial conditions for recusal and a conflict of interests between the defendant and the judge - Directive 2013/48/EU, (2)

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Request Order
C-331/23
Party

Dranken Van Eetvelde NV v Belgische Staat

Type of proceeding
Reference for a preliminary ruling
Referring court

Rechtbank van eerste aanleg Oost-Vlaanderen, afdeling Gent

Request for a preliminary ruling - Article 205 of Directive 2006/112 - principle of proportionality - tax fraud - principle of VAT neutrality - Article 50 of the Charter of Fundamental Rights of the European Union - cumulation of (administrative and criminal) penalties of a criminal nature

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Request Opinion (AG)
C-292/23
Party

European Public Prosecutor’s Office v I.R.O., F.J.L.R

Type of proceeding
Reference for a preliminary ruling
Referring court

Juzgado Central de Instrucción No 6 de la Audiencia Nacional (Spain)

Interpretation of Art. 42(1) EPPO Regulation - judicial review of procedural acts of the EPPO - summoning of witnesses - exclusion of judicial review under the Spanish law implementing the EPPO Regulation - investigative powers of the European Delegated Prosecutor - compatibility with Union law with regard to judicial review of acts of European Delegated Prosecutors which limits the situations in which there is a right to contest decisions to a closed number of situations such as that provided for in Spanish law in Articles 90 and 91 of LO 9/2021

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Categories
European Public Prosectutor's Office (EPPO)
Request Opinion (AG)
C-285/23
Party

A, B, C, Z, F, AS Latgales Invest Holding, SIA METEOR HOLDING, METEOR Kettenfabrik GmbH, SIA Tool Industry, AS Ditton pievadķēžu rūpnīca

Intervener: Latvijas Investīciju un attīstības aģentūra

Type of proceeding
Reference for a preliminary ruling
Referring court

Ekonomisko lietu tiesa (Latvia)

Request for a preliminary ruling - hearing of an accused person by videoconference - Article 24(1) of Directive 2014/41/EU of the European Parliament and of the Council - presumption of innocence and of the right to be present at the trial also be ensured by participating by videoconference - Article 8(1) of Directive (EU) 2016/343 of the European Parliament and of the Council - may the videoconference be arranged only via the competent authorities of the Member State

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Categories
European Investigation Order
Request
C-271/23
Party

Alfa-Bank JSC (Moscow, Russia)

Type of proceeding
Action for annulment

In Alfa-Bank v. Council, the applicant seeks the annulment of paragraph 198 of Council Decision (CFSP) 2023/432 and paragraph 198 of Council Implementing Regulation (EU) 2023/429. In doing so, the applicant has put forward pleas in law, primarily referring to the Council’s alleged lack of evidence, leading to an alleged erroneous assessment which resulted in the applicant being classified as ‘leading businesspersons or legal persons, entities or bodies involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation, which is responsible for the annexation of Crimea and the destabilization of Ukraine, and natural or legal persons, entities, or bodies associated with them.

Categories
Fundamental Rights Ukraine conflict Council Financial Penalties Freezing of Assets / Confiscation
Related links
Application
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

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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

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Request Opinion (AG)
C-109/23
Party

Jemerak

Type of proceeding
Reference for a preliminary ruling
Referring court

Regional Court of Berlin (Germany)

Restrictive measures – Russia’s actions destabilising the situation in Ukraine – Interpretation of Council Regulation (EU) No 833/2014 – term "legal advisory services" in Art. 5n(2) and (6) of the Regulation – Prohibition on the provision of legal advisory services to legal persons established in Russia – Exemption – Services which are strictly necessary to ensure access to judicial, administrative or arbitral proceedings in a Member State – Authentication and execution by a notary of a contract of sale of immovable property 

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Categories
Ukraine conflict
Request Opinion (AG) Judgment
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 …

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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

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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

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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

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Application Judgement