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-537/16
Party

Garlsson Real Estate SA, in liquidation
Stefano Ricucci,
Magiste International SA
v
Commissione Nazionale per le Società e la Borsa (Consob)

Type of proceeding
Reference for a preliminary ruling
Referring court

Court of Cassation, Italy

Market manipulation — Penalties — National legislation which provides for an administrative penalty and a criminal penalty for the same acts — Charter of Fundamental Rights of the European Union — Ne bis in idem principle — Criminal nature of the administrative penalties — Existence of the same offence

More
Categories
Fundamental Rights Ne bis in idem
Related links
Request Opinion (AG) Judgment
C-496/16
Party

Aranyosi

Type of proceeding
Reference for a preliminary ruling
Referring court

Hanseatischen Oberlandesgericht Bremen (Germany)

Inhuman or degrading treatment - Conditions of detention - Extradition

Categories
Fundamental Rights Human Rights Issues
Related links
Request Order
C-477/16
Party

Openbaar Ministerie
Ruslanas Kovalkovas

Type of proceeding
Reference for a preliminary ruling
Referring court

Rechtbank Amsterdam

Police and judicial cooperation in criminal matters — European arrest warrant — Concept of ‘judicial decision’ — Article 6(1) — Concept of ‘issuing judicial authority’ — European arrest warrant issued by the Ministry of Justice of the Republic of Lithuania with a view to executing a custodial sentence’

Categories
European Arrest Warrant Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-473/16
Party

F/Bevándorlási és Állampolgársági Hivatal

Type of proceeding
Reference for a preliminary ruling
Referring court

Szegedi Közigazgatási és Munkaügyi Bíróság (Ungarn)

Charter of Fundamental Rights of the European Union — Respect for private and family life — Standards for granting refugee status or subsidiary protection status — Fear of persecution on grounds of sexual orientation — Assessment of facts and circumstances — Recourse to an expert’s report — Psychological tests

More
Categories
Fundamental Rights
Request Opinion (AG) Judgment
C-453/16
Party

Openbaar Ministerie
Krzysztof Marek Poltorak

Type of proceeding
Reference for a preliminary ruling
Referring court

Rechtbank Amsterdam, Netherlands

Police and judicial cooperation in criminal matters — European arrest warrant —Concept of ‘arrest warrant’ — Autonomous concept of EU law — National arrest warrant issued by a police service and confirmed by a public prosecutor for the purpose of criminal proceedings’

Categories
European Arrest Warrant Judicial Cooperation Police Cooperation
Related links
Request Opinion (AG) Judgment
C-452/16
Party

Openbaar Ministerie gegen Krzysztof Marek Poltorak

Type of proceeding
Reference for a preliminary ruling
Referring court

Vorabentscheidungsersuchen der Rechtbank Amsterdam

Police and judicial cooperation in criminal matters — European arrest warrant — Concept of ‘judicial decision’ — Concept of ‘issuing judicial authority’ — European arrest warrant issued by the Rikspolisstyrelsen (National Police Board, Sweden) with a view to executing a custodial sentence

Categories
European Arrest Warrant Judicial Cooperation Police Cooperation
Related links
Request Opinion (AG) Judgment
C-390/16
Party

Dániel Bertold Lada

Type of proceeding
Reference for a preliminary ruling
Referring court

Szombathely Court, Hungary

Judicial cooperation in criminal matters — Taking account in new criminal proceedings of a previous conviction in another Member State — Special procedure for recognition of a conviction in another Member State — Review and legal reclassification of the earlier decision — Principle of mutual recognition

Categories
Judicial Cooperation Law Enforcement Cooperation
Related links
Request Opinion (AG) Judgment
C-367/16
Party

Piotrowski

Type of proceeding
Reference for a preliminary ruling

Police and judicial cooperation in criminal matters — European arrest warrant — Surrender procedures between Member States — Grounds for mandatory non-execution — Minors — Requirement to verify the minimum age at which a minor may be regarded as criminally responsible or assessment, in each individual case, of the additional conditions laid down by the law of the executing Member State in order specifically to prosecute or convict a minor

More
Categories
Fundamental Rights European Arrest Warrant Judicial Cooperation Police Cooperation
Related links
Request Opinion (AG) Judgment
C-310/16
Party

Petar Dzivev et al.

Type of proceeding
Reference for a preliminary ruling
Referring court

Spetsializiran nakazatelen sad (Specialised Criminal Court, Bulgaria)

Value added tax (VAT) — Protection of the European Union’s financial interests — Convention on the protection of the European Communities’ financial interests — Criminal proceedings concerning VAT offences — Principle of effectiveness — Taking of evidence — Interception of telecommunications — Authorisation granted by a court that lacks jurisdiction — Taking those interceptions into consideration as evidence — Provisions of national law — Prohibition

Categories
Protection of Financial Interests Tax Evasion
Related links
Request Opinion (AG) Judgment
C-207/16
Party

Ministerio Fiscal

Type of proceeding
Reference for a preliminary ruling
Referring court

Audiencia Provincial de Tarragona (Provincial Court, Tarragona, Spain)

Electronic communications — Processing of personal data — Confidentiality of electronic communications — Protection — Article 5 and Article 15(1) — Charter of Fundamental Rights of the European Union — Data processed in connection with the provision of electronic communications services — Access of national authorities to the data for the purposes of an investigation — Threshold of seriousness of an offence capable of justifying access to the data

Categories
Fundamental Rights Data Protection
Related links
Request Opinion (AG) Judgment
C-191/16
Type of proceeding
Reference for a preliminary ruling

Citizenship of the Union — Extradition to the United States of America of a national of a Member State who has exercised his right to freedom of movement — Extradition agreement between the European Union and that third State — Scope of EU law — Prohibition on extradition applied only to own nationals — Restriction on free movement — Justification based on the prevention of impunity — Proportionality — Informing the Union citizen’s Member State of origin

More
Categories
Fundamental Rights Area of Freedom, Security and Justice Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-108/16 PPU
Party

Paweł Dworzecki

Type of proceeding
Reference for a preliminary ruling
Referring court

Rechtbank Amsterdam (District Court, Amsterdam, Netherlands)

Police and judicial cooperation in criminal matters — European arrest warrant — Surrender procedures between Member States — Conditions of execution — Reasons for optional non-execution — Exceptions — Mandatory execution — Sentence handed down in absentia — Concepts of ‘summons in person’ and ‘official notification by other means — Autonomous concepts of EU law

More
Categories
European Arrest Warrant Judicial Cooperation Police Cooperation
Related links
Request Opinion (AG) View Judgment
C-612/15
Party

Nikolay Kolev, Milko Hristov, Stefan Kostadinov

Type of proceeding
Reference for a preliminary ruling
Referring court

Spetsializiran nakazatelen sad (Specialised Criminal Court, Bulgaria)

Reference for a preliminary ruling — Article 325 TFEU — Fraud or any other illegal activities affecting the financial interests of the European Union in customs matters — Effectiveness of prosecution — Closure of criminal proceedings — Reasonable time — Directive 2012/13/EU — Right of a person to be informed of the charges against him — Right of access to case materials — Directive 2013/48/EU — Right of access to a lawyer

More
Categories
Fundamental Rights Protection of Financial Interests
Related links
Request Opinion (AG) Judgment
C-524/15
Party

Luca Menci
Procura della Repubblica

Type of proceeding
Reference for a preliminary ruling
Referring court

District Court, Bergamo, Italy

Failure to pay VAT due — Penalties — National legislation which provides for an administrative penalty and a criminal penalty for the same acts — Charter of Fundamental Rights of the European Union — Ne bis in idem principle — Criminal nature of the administrative penalty — Existence of the same offence

More
Categories
Fundamental Rights Ne bis in idem
Related links
Request Opinion (AG) Judgment
C-404/15
Party

Pál Aranyosi und Robert Căldăraru

Type of proceeding
Reference for a preliminary ruling
Referring court

Hanseatisches Oberlandesgericht Bremen (Higher Regional Court Bremen, Germany)

Framework Decision on the European arrest warrant — Human rights as grounds for refusal to execute — Article 4 of Charter of Fundamental Rights of the European Union — Prohibition of inhuman or degrading treatment — Conditions of detention in the issuing Member State

More
Categories
Fundamental Rights European Arrest Warrant
Related links
Request Opinion (AG) Judgment
C-203/15
Party

Tele2 Sverige AB (C‑203/15) v Post- och telestyrelsen,

and

Secretary of State for the Home Department (C‑698/15) v Tom Watson, Peter Brice, Geoffrey Lewis

Type of proceeding
Reference for a preliminary ruling
Referring court

Kammarrätten i Stockholm (Administrative Court of Appeal, Stockholm, Sweden) and the Court of Appeal (England & Wales)

Reference for a preliminary ruling — Electronic communications — Processing of personal data — Confidentiality of electronic communications — Protection — Directive 2002/58/EC — Articles 5, 6 and 9 and Article 15(1) — Charter of Fundamental Rights of the European Union — Articles 7, 8 and 11 and Article 52(1) — National legislation — Providers of electronic communications services — Obligation relating to the general and indiscriminate retention of traffic and location data — National authorities — Access to data — No prior review by a court or independent administrative authority — Compatibility with EU law

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