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-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

More
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

More
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

More
Categories
Area of Freedom, Security and Justice Tax Evasion
Request Opinion (AG) Judgment
C-376/17 PPU
Party

Arkadiusz Piotr Lipinski

Type of proceeding
Reference for a preliminary ruling
Referring court

Supreme Court, Ireland

Definition of "the trial" in Article 4a of the Framework Decision - Extradition

More
Categories
Fundamental Rights European Arrest Warrant
Request
C-324/17
Party

Ivan Gavanozov

Type of proceeding
Reference for a preliminary ruling
Referring court

Spetsializiran nakazatelen sad, Bulgarien

Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive 2014/41/EU — European Investigation Order (EIO) in criminal matters — Article 5(1) — Form set out in Annex A — Section J — Absence of legal remedies in the issuing Member State

More
Categories
European Investigation Order Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-271/17
Party

Sławomir Andrzej Zdziaszek

Type of proceeding
Reference for a preliminary ruling
Referring court

Rechtbank Amsterdam

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 or a detention order - ‘Trial resulting in the decision’ - Legal proceedings amending or combining a sentence passed previously - Decision handing down a cumulative sentence - Decision handed down without the person concerned having appeared in person - Person convicted not having appeared in person at the trial in the context of his initial conviction, either at first instance or on appeal - Person represented by a legal counsellor in the appeal proceedings - Arrest warrant not providing any information in that regard - Consequences for the executing judicial authority

Categories
European Arrest Warrant Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-270/17
Party

Tadas Tupikas

Type of proceeding
Reference for a preliminary ruling
Referring court

Request for a Preliminary Ruling from Rechtbank Amsterdam — Netherlands

European arrest warrant — Surrender procedures between Member States — Conditions for execution — Reasons for optional non-execution — Arrest warrant issued for the purpose of executing a custodial sentence or a detention order — ‘Trial resulting in the decision’ — Person concerned having appeared in person at first instance — Appeal proceedings involving a re-examination of the substance of the case — Arrest warrant providing no information making it possible to check whether the rights of the defence of the person convicted were upheld during the appeal proceedings

Categories
European Arrest Warrant Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-268/17
Party

Applicant: Ured za suzbijanje korupcije i organiziranog kriminaliteta

Defendant: AY

Type of proceeding
Reference for a preliminary ruling
Referring court

Request for a Preliminary Ruling from the Županijski Sud u Zagrebu, Croatia

Judicial cooperation in criminal matters — European arrest warrant — Grounds for the refusal to execute — Closure of a criminal investigation — Principle ne bis in idem — Requested person who had the status of a witness in previous proceedings concerning the same acts — Issue of several European arrest warrants against the same person

More
Categories
European Arrest Warrant Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-247/17
Party

Denis Raugevicius

Type of proceeding
Reference for a preliminary ruling
Referring court

Korkein oikeus (Supreme Court, Finland)

European Union Citizenship — Request to a Member State by a third country seeking extradition of an EU citizen who is a national of another Member State and who has exercised his right to free movement in the first Member State — Request made for the purpose of enforcing a custodial sentence and not for the purpose of prosecution — Prohibition on extradition applied only to own nationals — Restriction on free movement — Justification based on the prevention of impunity — Proportionality

Categories
Fundamental Rights Area of Freedom, Security and Justice Law Enforcement Cooperation
Related links
Request Opinion (AG) Judgment
C-234/17
Party

XC, YB, ZA

Type of proceeding
Reference for a preliminary ruling
Referring court

Oberster Gerichtshof, Austria

Principles of EU law — Sincere cooperation — Procedural autonomy — Principles of equivalence and effectiveness — National legislation laying down a remedy allowing criminal proceedings to be reheard in the event of infringement of the European Convention for the Protection of Human Rights and Fundamental Freedoms — No obligation to extend that procedure to cases of alleged infringement of the fundamental rights enshrined in EU law

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Categories
Fundamental Rights Area of Freedom, Security and Justice Human Rights Issues
Related links
Request Opinion (AG) Judgment
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