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-182/15
Type of proceeding
Reference for a preliminary ruling
Referring court

Augstākā tiesa (Latvia)

Reference for a preliminary ruling — Citizenship of the Union — Extradition to a third State of a national of a Member State who has exercised his right to freedom of movement — Scope of EU law — Protection of a Member State’s nationals against extradition — No protection for nationals of the other Member States — Restriction of freedom of movement — Justification based on the prevention of impunity — Proportionality — Verification of the guarantees provided for in Article 19 of the Charter of Fundamental Rights of the European Union

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Categories
Fundamental Rights Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-554/14
Party

Atanas Ognyanov
Sofiyska gradska prokuratura

Type of proceeding
Reference for a preliminary ruling
Referring court

Sofiyski gradski sad (Sofia City Court, Bulgaria)

Judicial cooperation in criminal matters — Law governing the enforcement of a sentence — Interpretation of a national rule of the executing State providing for reduction of a custodial sentence on account of work carried out by the sentenced person while detained in the issuing State — Legal effects of framework decisions — Obligation to interpret national law in conformity with EU law

Categories
Fundamental Rights Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-255/14
Party

Robert Michal Chmielewski

Type of proceeding
Reference for a preliminary ruling
Referring court

Kecskeméti Közigazgatási és Munkaügyi Bíróság (Hungary)

Controls of cash entering or leaving the European Union — Regulation (EC) No 1889/2005 — Breach of the obligation to declare — Proportionality of penalties — Free movement of capital and payments

See also case C-707/17 (Daniela Pinzaru, Robert-Andrei Cirstinoiu) and Joined cases C-335/18 and C-336/18 (AK and EP)

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Categories
Fundamental Rights
Request Opinion (AG) Judgment
C-293/12
Party

Digital Rights Ireland Ltd (C‑293/12)

v

Minister for Communications, Marine and Natural Resources,
Minister for Justice, Equality and Law Reform,
Commissioner of the Garda Síochána,
Ireland,
The Attorney General,

intervener:

Irish Human Rights Commission,

and

Kärntner Landesregierung (C‑594/12),
Michael Seitlinger,
Christof Tschohl and others

Type of proceeding
Reference for a preliminary ruling
Referring court

High Court (Ireland) and the Verfassungsgerichtshof (Austria)

Electronic communications — Directive 2006/24/EC — Publicly available electronic communications services or public communications networks services — Retention of data generated or processed in connection with the provision of such services — Validity — Articles 7, 8 and 11 of the Charter of Fundamental Rights of the European Union

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Categories
Data Protection
Related links
Request Opinion (AG) Judgment
C-399/11
Party

Stefano Melloni v Ministerio Fiscal

Type of proceeding
Reference for a preliminary ruling
Referring court

Tribunal Constitucional (Spain)

Police and judicial cooperation in criminal matters – European arrest warrant – Surrender procedures between Member States – Decisions rendered at the end of proceedings in which the person concerned has not appeared in person – Execution of a sentence pronounced in absentia – Possibility of review of the judgment

Categories
Fundamental Rights European Arrest Warrant
Request Opinion (AG) Judgment
C-396/11
Party

Ciprian Vasile Radu

Type of proceeding
Reference for a preliminary ruling
Referring court

Curte de Apel Constanţa (Romania)

Framework Decision 2002/584/JHA – European arrest warrant and surrender procedures between Member States – European arrest warrant issued for the purposes of prosecution – Grounds for refusing execution - Interpretation of the Framework Decision in conformity with fundamental rights

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Categories
Fundamental Rights European Arrest Warrant
Request Opinion (AG) Judgment
C-436/04
Party

Leopold Henri Van Esbroeck

Type of proceeding
Reference for a preliminary ruling
Referring court

Hof van Cassatie (Belgium)

Convention implementing the Schengen Agreement – Articles 54 and 71 – Ne bis in idem principle – Application ratione temporis – Concept of ‘the same acts’ – Import and export of narcotic drugs subject to legal proceedings in different Contracting States

Categories
Schengen Ne bis in idem
Related links
Opinion (AG) Judgment
C-193/04
Party

Hans-Martin Tillack v Commission

Type of proceeding
Action for annulment

Investigation by the European Anti-Fraud Office (OLAF) into the publication of confidential information - Suspicions of bribery and breach of professional secrecy - Communication to national judicial authorities of information relating to situations liable to lead to criminal proceedings - Search of the home and office of a journalist - Action for annulment - Admissibility - Action for damages - Causal link - Sufficiently serious breach.

Categories
OLAF
Judgment
C-187/01
Party

Gözütok and Brügge

Type of proceeding
Reference for a preliminary ruling
Referring court

Oberlandesgericht Köln (Germany) and the Rechtbank van eerste aanleg te Veurne (Belgium)

Convention implementing the Schengen Agreement - Ne bis in idem principle - Scope - Decisions by which the Public Prosecutor definitively discontinues criminal proceedings, without the involvement of a court, once the accused has satisfied certain conditions

REFERENCES to the Court under Article 35 EU by the Oberlandesgericht Köln (Germany) and the Rechtbank van eerste aanleg te Veurne (Belgium) for a preliminary ruling in the criminal proceedings before those courts against

Hüseyin Gözütok (C-187/01)

and

Klaus Brügge (C-385/01),

on the interpretation of Article 54 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ 2000 L 239, p. 19), signed on 19 June 1990 at Schengen (Luxembourg),

Categories
Ne bis in idem
Related links
Opinion (AG) Judgment