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-314/18
Party

SF

Type of proceeding
Reference for a preliminary ruling
Referring court

Rechtbank Amsterdam

Interpretation of Art. 5(3) Framework Decision 2002/584/JHA on the European Arrest Warrant - Surrender of the person concerned made subject to a guarantee that that person will be returned to the executing Member State in order to serve there a custodial sentence or a measure involving deprivation of liberty imposed on that person in the issuing Member State — Question on time of return; Interpretation of Art. 3(3), 8, 25 Framework Decision 2008/909/JHA - Adaptation of the sentence imposed in the issuing Member State - Enforcement of a sentence under Art. 5(3) of FD 2002/584.

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Categories
European Arrest Warrant Judicial Cooperation
Request Opinion (AG) View Judgment
C-311/18
Type of proceeding
Reference for a preliminary ruling
Referring court

High Court (Ireland)

Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data — Charter of Fundamental Rights of the European Union — Articles 7, 8 and 47 — Regulation (EU) 2016/679 — Article 2(2) — Scope — Transfers of personal data to third countries for commercial purposes — Article 45 — Commission adequacy decision — Article 46 — Transfers subject to appropriate safeguards — Article 58 — Powers of the supervisory authorities — Processing of the data transferred by the public authorities of a third country for national security purposes — Assessment of the adequacy of the level of protection in the third country — Decision 2010/87/EU — Protective standard clauses on the transfer of personal data to third countries — Suitable safeguards provided by the data controller — Validity — Implementing Decision (EU) 2016/1250 …

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Categories
Data Protection
Related links
Request Opinion (AG) Judgment
C-310/18 PPU
Party

Еmil Milev

Type of proceeding
Reference for a preliminary ruling
Referring court

Spetsializiran nakazatelen sad

Judicial cooperation in criminal matters — Presumption of innocence — Public references to guilt — Remedies — Procedure for reviewing the lawfulness of pre-trial detention

Categories
Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-234/18
Party

AGRO IN 2001

Type of proceeding
Reference for a preliminary ruling
Referring court

Sofiyski gradski sad (Bulgaria)

Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union - possibilities of civil-law confiscations - non conviction-based confiscation - confiscation from third parties - presumption of innocence

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Categories
Freezing of Assets / Confiscation
Related links
Request Opinion (AG) Judgment
C-220/18 PPU
Party

ML
Generalstaatsanwaltschaft Bremen

Type of proceeding
Reference for a preliminary ruling
Referring court

Hanseatisches Oberlandesgericht in Bremen

Police and judicial cooperation in criminal matters — European arrest warrant –Surrender procedures between Member States –Conditions for execution –– Grounds for non-execution — Charter of Fundamental Rights of the European Union — Prohibition of inhuman or degrading treatment –– Detention conditions in the issuing Member State — Scope of the assessment undertaken by the executing judicial authorities – Existence of a legal remedy in the issuing Member State — Assurance given by the authorities of that Member State

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Categories
Fundamental Rights European Arrest Warrant Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-216/18 PPU
Party

LM

Type of proceeding
Reference for a preliminary ruling
Referring court

High Court (Ireland)

Police and judicial cooperation in criminal matters — European arrest warrant — Surrender procedures between Member States — Conditions for execution — Charter of Fundamental Rights of the European Union — Right of access to an independent and impartial tribunal

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Categories
Fundamental Rights European Arrest Warrant Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-183/18
Party

Bank BGŻ BNP Paribas S.A. in Gdańsk

Type of proceeding
Reference for a preliminary ruling
Referring court

Sąd Rejonowy Gdańsk-Południe w Gdańsku (Poland)

Council Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties - execution of financial penalty on a legal person despite the fact that the national implementing provisions implementing in the executing State do not provide for the possibility of executing a decision which imposes such a penalty on a legal person - definition of the term "legal person" as used in Article 1(a) and Article 9(3) FD.

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Categories
Judicial Cooperation Law Enforcement Cooperation
Related links
Request Opinion (AG) Judgment
C-128/18
Party

Dumitru-Tudor Dorobantu
Generalstaatsanwaltschaft Hamburg

Type of proceeding
Reference for a preliminary ruling
Referring court

Hanseatisches Oberlandesgericht Hamburg (Germany)

Area of freedom, security and justice — Police and judicial cooperation in criminal matters — European arrest warrant — Charter of Fundamental Rights of the European Union — Prohibition of inhuman or degrading treatment — Obligation on the part of the executing judicial authorities to assess the conditions of detention in the issuing Member State — Scope of the examination — Criteria

Categories
Fundamental Rights Area of Freedom, Security and Justice European Arrest Warrant Judicial Cooperation Police Cooperation
Related links
Request Opinion (AG) Judgment
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