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.

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-650/18
Party

Hungary v European Parliament

Type of proceeding
Action for annulment

Action for annulment – Article 7(1) TEU – European Parliament resolution on a proposal calling on the Council of the European Union to determine the existence of a clear risk of a serious breach of the values on which the European Union is founded – Articles 263 and 269 TFEU – Jurisdiction of the Court – Admissibility of the appeal – Challengeable act – Article 354 TFEU – Rules for counting votes in the Parliament – Rules of Procedure of the Parliament – Rule 178(3) – Concept of ‘votes cast’ – Abstentions – Principles of legal certainty, equal treatment, democracy and sincere cooperation

More
Categories
Fundamental Rights
Related links
Application Opinion (AG) Judgment
C-645/18
Party

NE v Bezirkshauptmannschaft Hartberg-Fürstenfeld I

Type of proceeding
Reference for a preliminary ruling
Referring court

Landesverwaltungsgericht Steiermark (Regional Administrative Court, Styria, Austria)

Posting of workers — Article 56 TFEU — Articles 9 and 20 of Directive 2014/67/EU — Reporting of workers — Retention of records of wages — Penalties — Proportionality — Fines of a predefined minimum amount — Cumulative — No upper limit - Conformity of Austrian legislation and sanctioning provisions with EU law

The case was decided by order on 19 December 2019.

The case involves a subsequent reference for preliminary ruling in Case C-205/20.

More
Categories
Area of Freedom, Security and Justice Illegal Employment
Request Order
C-634/18
Party

Criminal proceedings against JI

Type of proceeding
Reference for a preliminary ruling
Referring court

Sąd Rejonowy w Słupsku (Poland)

Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking - definition and assessment of the expression "a significant quantity of drugs" - compatibility of Polish law on combating drug addiction with EU law - principles of equality and non-discrimination

More
Categories
Fundamental Rights Organised Crime
Request Opinion (AG) Judgment
C-619/18
Party

European Commission v Republic of Poland

Type of proceeding
Actions for failure to fulfil obligations

Failure of a Member State to fulfil obligations — Second subparagraph of Article 19(1) TEU — Rule of law — Effective judicial protection in the fields covered by Union law — Principles of the irremovability of judges and judicial independence — Lowering of the retirement age of Supreme Court judges — Application to judges in post — Possibility of continuing to carry out the duties of judge beyond that age subject to obtaining authorisation granted by discretionary decision of the President of the Republic

More
Categories
Fundamental Rights Area of Freedom, Security and Justice
Related links
Action Opinion (AG) Judgment
C-615/18
Party

Criminal proceedings against UY

Type of proceeding
Reference for a preliminary ruling
Referring court

Amtsgericht Kehl (Germany)

Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings - appointments of a person authorised to accept service of a penalty orders made against an offender - force of res judicata - discrimination against accused persons who had been resident - freedom of movement - EU citizenship

More
Categories
Procedural Safeguards
Related links
Request Opinion (AG) Judgment
C-558/18
Party

Miasto Łowicz
v
Skarb Państwa — Wojewoda Łódzki,

Type of proceeding
Reference for a preliminary ruling
Referring court

Sąd Okręgowy w Łodzi (Regional Court, Łódz, Poland) and Sąd Okręgowy w Warszawie (Regional Court, Warsaw, Poland)

References for a preliminary ruling — Second subparagraph of Article 19(1) TEU — Rule of law — Effective judicial protection in the fields covered by Union law — Principle of judicial independence — Disciplinary regime applicable to national judges — Jurisdiction of the Court — Article 267 TFUE — Admissibility — Interpretation necessary for the referring court to be able to give judgment — Meaning

More
Categories
Fundamental Rights Area of Freedom, Security and Justice
Related links
Request Opinion (AG) Judgment
C-551/18 PPU
Party

IK

Type of proceeding
Reference for a preliminary ruling
Referring court

Court of Cassation, Belgium

Police and judicial cooperation in criminal matters — European arrest warrant and the surrender procedures between Member States — European arrest warrant issued for the purposes of enforcing a custodial sentence — Substance and form — Failure to refer to an additional sentence — Validity — Consequences — Effect on detention

More
Categories
European Arrest Warrant Judicial Cooperation Police Cooperation
Related links
Request Opinion (AG) Judgment
C-520/18
Party

Ordre des barreaux francophones and germanophone and Others

Type of proceeding
Reference for a preliminary ruling
Referring court

Cour constitutionnelle (Belgium)

Right to security - Right to respect for personal data - Obligation for operators and providers of electronic communications services to retain the traffic and location data - Collection and retention of data.

NOTE: Case was joined with C-511/18 and C-512/18. For judgment, see entry of Case C-511/18

Categories
Data Protection
Related links
Request Opinion (AG)
C-512/18
Party

French Data Network, La Quadrature du Net, Fédération des fournisseurs d’accès à Internet associatifs

Type of proceeding
Reference for a preliminary ruling
Referring court

Conseil d’État

NOTE: Case was joint with C-511/18 and C-520/18. For judgment, see entry of Case C-511/18.

Is the general and indiscriminate retention obligation imposed on providers on the basis of the permissive provisions of Article 15(1) of Directive [2002/58/EC] of 12 July 2002 1 to be regarded, inter alia in the light of the guarantees and checks to which the collection and use of such connection data are then subject, as interference justified by the right to security guaranteed in Article 6 of the Charter of Fundamental Rights of the European Union and the requirements of national security, responsibility for which falls to the Member States alone pursuant to Article 4 of the Treaty on European Union?

Are the provisions of Directive [2000/31/EC] of 8 June 2000 2 , read in the light of Articles 6, 7, 8 and 11 and …

More
Categories
Data Protection
Related links
Request
C-511/18
Party

La Quadrature du Net and Others

Type of proceeding
Reference for a preliminary ruling
Referring court

Conseil d’État (France)

Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Providers of electronic communications services – Hosting service providers and Internet access providers – General and indiscriminate retention of traffic and location data – Automated analysis of data – Real-time access to data – Safeguarding national security and combating terrorism – Combating crime – Directive 2002/58/EC – Scope – Article 1(3) and Article 3 – Confidentiality of electronic communications – Protection – Article 5 and Article 15(1) – Directive 2000/31/EC – Scope – Charter of Fundamental Rights of the European Union – Articles 4, 6, 7, 8 and 11 and Article 52(1) – Article 4(2) TEU

More
Categories
Data Protection
Related links
Request Opinion (AG) Judgment Order
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

More
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