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-097/18
Party

ET

Type of proceeding
Reference for a preliminary ruling
Referring court

Rechtbank Noord-Nederland (District Court, Northern Region, Netherlands)

Judicial cooperation in criminal matters — Principle of mutual recognition of confiscation orders — Law governing the execution — Law of the executing State authorising recourse to imprisonment for the non-execution of the confiscation order — Conformity — Law of the issuing State also authorising recourse to a term of imprisonment — Lack of effect

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Categories
Judicial Cooperation Law Enforcement Cooperation
Related links
Request Judgment
C-078/18
Party

European Commission v Hungary

Type of proceeding
Reference for a preliminary ruling

Failure of a Member State to fulfil obligations — Admissibility — Article 63 TFEU — Free movement of capital — Existence of a restriction — Burden of proof — Indirect discrimination linked to the origin of the capital — Article 12 of the Charter of Fundamental Rights of the European Union — Right to freedom of association — National rules imposing on associations receiving financial support sent from other Member States or from third countries legally binding obligations of registration, declaration and publication which can be enforced — Article 7 of the Charter of Fundamental Rights — Right to respect for private life — Article 8(1) of the Charter of Fundamental Rights — Right to the protection of personal data — National rules imposing the disclosure of information on persons providing financial support to associations and of the amount of …

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Categories
Fundamental Rights
Related links
Request Opinion (AG) Judgment
C-048/18
Party

Sigma Orionis SA

Type of proceeding
Reference for a preliminary ruling

Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) and ‘Horizon 2020 — the Framework Programme for Research and Innovation’ — Suspension of payments and termination of grant contracts following a financial audit — Action seeking to obtain payment of the amounts owed by the Commission in the context of the implementation of the grant contracts — Non-contractual liability

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Categories
Fundamental Rights
C-038/18
Party

Massimo Gambino and Shpetim Hyka

Type of proceeding
Reference for a preliminary ruling
Referring court

Tribunale di Bari (Italy)

Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime - hearing of victims before first instance court - replacement of judges - reexamination of victims as witness - Art. 47 and 48 of the Charter on Fundamental Rights - right to a fair trial - right of victims to protection during criminal proceedings

Categories
Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-018/18
Party

Eva Glawischnig-Piesczek v Facebook Ireland Limited

Type of proceeding
Reference for a preliminary ruling
Referring court

Oberster Gerichtshof (Supreme Court, Austria)

Free movement of services — Interpretation of Directive 2000/31/EC ("e-commerce Directive") — Liability of intermediary service providers — Possibility of requiring the service provider to terminate or prevent an infringement — Personal, material and territorial limits on the scope of an injunction — obligations to monitor

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Categories
Data Protection
Request Opinion (AG) Judgment
C-646/17
Party

Gianluca Moro

Type of proceeding
Reference for a preliminary ruling
Referring court

Tribunale di Brindisi (Italy)

Reference for a preliminary ruling — Judicial cooperation in criminal matters — Right to information in criminal proceedings — Modification of the accusation in terms of classification of the act — No possibility to apply for a negotiated settlement after the trial proceedings had begun

Categories
Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-623/17
Party

Privacy International

Type of proceeding
Reference for a preliminary ruling
Referring court

Investigatory Powers Tribunal - London

Applicability of the ‘Tele2 Sverige/Watson requirements’ in the national security field

Having regard to Article 4 TEU and Article 1(3) of Directive 2002/58/EC4 on privacy and electronic communications (the “e-Privacy Directive”), does a requirement in a direction by a Secretary of State to a provider of an electronic communications network that it must provide bulk communications data to the Security and Intelligence Agencies (SIAs) of a Member State fall within the scope of Union law and of the e-Privacy Directive?

If the answer to Question (1) is “yes”, do any of the Watson Requirements, or any other requirements in addition to those imposed by the ECHR, apply to such a direction by a Secretary of State? And, if so, how and to what extent do those requirements apply, taking into account the essential necessity of the SIAs to …

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Categories
Data Protection
Related links
Request Opinion (AG) Judgment
C-617/17
Party

Vialto Consulting Kft.

Type of proceeding
Action for annulment

Non-contractual liability - Instrument for pre-accession assistance - Third country - National public procurement - Devolved management - Decision of a national authority - Investigations by OLAF - Nonmaterial damage - Sufficiently serious breach of a rule of law conferring rights on individuals - Article 7(1) of Regulation (EC) No 2185/96 - Principle of sound administration - Legitimate expectations - Proportionality - Right to be heard

Categories
Fundamental Rights OLAF
Application Opinion (AG) Judgment
C-597/17
Party

Enzo Di Puma
v
Commissione Nazionale per le Società e la Borsa (Consob) (C‑596/16),
and
Commissione Nazionale per le Società e la Borsa (Consob)
v
Antonio Zecca (C‑597/16),

Type of proceeding
Reference for a preliminary ruling
Referring court

Court of Cassation, Italy

References for a preliminary ruling — Directive 2003/6/EC — Insider dealing — Penalties — National legislation which provides for an administrative penalty and a criminal penalty for the same acts — Res judicata attached to a final criminal judgment relating to administrative proceedings — Final criminal judgment ordering acquittal in respect of insider dealing — Effectiveness of the penalties — Charter of Fundamental Rights of the European Union — Article 50 — Ne bis in idem principle — Criminal nature of the administrative sanction — Existence of the same offence — Article 52(1) — Limitations to the ne bis in idem principle — Conditions

Categories
Fundamental Rights Ne bis in idem
Related links
Request Judgment
C-573/17
Party

Daniel Adam Poplawski II

Type of proceeding
Reference for a preliminary ruling
Referring court

Rechtbank Amsterdam

Judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — 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 — Framework Decision 2008/909/JHA — Declaration by a Member State allowing it to continue to apply earlier legal instruments — Withdrawal of the declaration by the executing State — Late declaration by the issuing State — Lack of direct effect of framework decisions — Primacy of EU law —

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Categories
European Arrest Warrant Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-571/17
Party

ML

Type of proceeding
Reference for a preliminary ruling
Referring court

Okresný súd Bratislava II, Slovakia

Police and judicial cooperation in criminal matters — European arrest warrant — Surrender procedures between Member States — Conditions for execution — Grounds for optional non-execution — Arrest warrant issued for the purpose of executing a custodial sentence — ‘Trial resulting in the decision’ — Person sentenced to a custodial sentence in final proceedings conducted in his presence — Execution of sentence subsequently suspended in part subject to certain conditions — Subsequent proceedings leading to revocation of the suspension due to non-compliance with those conditions — Revocation proceedings conducted in the absence of the person concerned

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Categories
European Arrest Warrant Judicial Cooperation Police Cooperation
Related links
Request Opinion (AG) Judgment
C-515/17
Party

Uniwersytet Wrocławski v Research Executive Agency (REA)

Type of proceeding
Reference for a preliminary ruling

Individual complaint to the General Court - Appeal — Article 19 of the Statute of the Court of Justice of the European Union — Representation of non-privileged applicants in direct actions — Concept of a lawyer — Autonomous concept of EU law — Opportunity to remedy a defect in legal representation

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Categories
Fundamental Rights
Request Opinion (AG) Judgment
C-514/17
Party

Marin-Simion Sut

Type of proceeding
Reference for a preliminary ruling
Referring court

Cour d’Appel de Liège, Belgium

Judicial cooperation in criminal matters — European arrest warrant — Grounds for optional non-execution of the European arrest warrant — Offence underlying the imposition of a custodial sentence in the issuing Member State being punishable in the executing Member State by fine only

See also:

CJEU: Surrender of Resident if Executing State Unable to Enforce Custodial Sentence

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Categories
European Arrest Warrant
Related links
Request Opinion (AG) Judgment
C-510/17
Type of proceeding
Reference for a preliminary ruling
Referring court

Okresný súd Bratis-lava II, Slovakia

Access to information of the detainee - Pre-trial detention - term of imprinsonment

Categories
Fundamental Rights
Request
C-399/17
Party

Dalli v Commission

Type of proceeding
Reference for a preliminary ruling

Non-contractual liability — Investigation by OLAF — Sufficiently serious breach of a rule of law conferring rights on individuals — Non-material damage — Causal link

Appeal is referred to as C-615/19 P.

Categories
Fundamental Rights OLAF Protection of Financial Interests Criminal Records
Related links
C-384/17
Party

Dooel Uvoz-Izvoz Skopje Link Logistic N&N

Type of proceeding
Reference for a preliminary ruling
Referring court

Szombathelyi Közigazgatási és Munkaügyi Bíróság (Administrative and Labour Court, Szombathely, Hungary)

Obligation of the Member States to establish effective, proportionate and dissuasive penalties - Charging of heavy goods vehicles for the use of certain infrastructures - Flat-rate fine — Principle of proportionality — (No) direct applicability of the directive

The case is related to Case C-205/20 (ECJ, Grand Chamber judgment), in which the ECJ changed its approach on the direct applicability of obligations to establish effective, proportionate and dissuasive penalties

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Categories
Area of Freedom, Security and Justice Tax Evasion
Request Opinion (AG) Judgment