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-743/24
Party

Alchaster II

Type of proceeding
Reference for a preliminary ruling
Referring court

Supreme Court of Ireland

Surrender in accordance with the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community (TCA) - Art. 49(1) of the Charter - Incompatibility with the principle that offences and penalties must be defined by law - Unfavourable change to the rules on release on licence adopted by the UK after the suspected commission of the offences in question - Question whether concept of ‘heavier penalty’ contained in Art. 49 of the Charter covers the situation of an amended parole regime.

The request concerns the same dispute in the main proceedings as that which gave rise to the judgment of 29 July 2024, Alchaster (C-202/24)

Categories
Fundamental Rights Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-685/24
Party

Unione Fiduciaria SpA, Assoservizi Fiduciari, Torino Fiduciaria – Fiditor Srl, Ser-Fid Italiana Fiduciaria e di Revisione SpA vs. Presidency of the Council of Ministers (Italy), Ministry of Economy and Finance, Ministry of Enterprises and Made in Italy, Italian Data Protection Authority (Garante per la protezione dei dati personali), Unioncamere (Union of Chambers of Commerce), Infocamere Scpa, Various local Chambers of Commerce (e.g. Rome, Milan, Bologna, Turin)

Type of proceeding
Reference for a preliminary ruling
Referring court

Consiglio di Stato

Joined Cases C‑684/24 & C‑685/24

Challenges by several fiduciary companies against the implementation and interpretation of Article 31 of Directive (EU) 2015/849 (AMLD IV as amended by AMLD V) regarding the transparency of beneficial ownership in fiduciary structures, such as trusts or trust-like arrangements.

The referring court raises key questions on:

  • the validity of Article 31(4), (7 bis), (1), (2), and (10) of Directive 2015/849,
  • the compatibility with Articles 7, 8, 16, and 47 of the Charter
  • the interpretation of legitimate interest for data access,
  • and the proportionality and scope of national implementing legislation concerning fiduciary mandates in Italy.

The cases build upon and test the limits of the CJEU judgment in C‑37/20 and C‑601/20 (Luxembourg Business Registers).

Request
C-682/24
Party

Across Fiduciaria SpA, Galvani Fiduciaria Srl, Sfo Fiduciaria Srl vs. Presidency of the Council of Ministers (Italy), Ministry of Economy and Finance, Ministry of Enterprises and Made in Italy, Italian Data Protection Authority (Garante per la protezione dei dati personali), Unioncamere (Union of Chambers of Commerce), Infocamere Scpa, Various local Chambers of Commerce (e.g. Rome, Milan, Bologna, Turin)

Type of proceeding
Reference for a preliminary ruling
Referring court

Consiglio di Stato

Joined Cases C‑684/24 & C‑685/24

Challenges by several fiduciary companies against the implementation and interpretation of Article 31 of Directive (EU) 2015/849 (AMLD IV as amended by AMLD V) regarding the transparency of beneficial ownership in fiduciary structures, such as trusts or trust-like arrangements.

The referring court raises key questions on:

  • the validity of Article 31(4), (7 bis), (1), (2), and (10) of Directive 2015/849,
  • the compatibility with Articles 7, 8, 16, and 47 of the Charter
  • the interpretation of legitimate interest for data access,
  • and the proportionality and scope of national implementing legislation concerning fiduciary mandates in Italy.

The cases build upon and test the limits of the CJEU judgment in C‑37/20 and C‑601/20 (Luxembourg Business Registers).

C-666/24
Party

Asociación Catalana de Víctimas de Organizaciones Terroristas (ACVOT)

Type of proceeding
Reference for a preliminary ruling
Referring court

Audiencia Nacional, Sala de lo Penal, Sección Tercera (Spain)

Several questions on the interpretation of Directive (EU) 2017/541 on combating terrorism - interpretation in light of a national amnesty law (Organic Law 1/2024 of 10 June 2024) adopted in Spain to promote political and social normalisation in Catalonia. The referring court questions whether the Directive precludes provisions which prevent prosecution or criminal punishment for participation in terrorist activities, particularly when such participation is linked to ideological motivations or does not meet specific thresholds of severity, such as causing serious breaches of human rights. The case further raises issues of legal certainty, legitimate expectations, primacy of EU law, and non-discrimination under the Charter of Fundamental Rights of the European Union.

Categories
Fundamental Rights Rule of Law Terrorism Procedural Safeguards Victim Protection
Related links
Request Opinion (AG)
C-661/24
Party

Ordre des barreaux francophones et germanophone, Académie Fiscale ASBL, UA, vzw Liga voor Mensenrechten, Ligue des droits humains ASBL, JU, LV, Ministry of Privacy v. Premier ministre/ Eerste Minister

Type of proceeding
Reference for a preliminary ruling
Referring court

Cour constitutionnelle (Belgium)

Right to a fair trial - Right to respect for private and family life - Freedom of expression - Limitation on use of restrictions on rights - Art. 47 of the Charter of Fundamental Rights - Confidentiality of the communications - Traffic data - Right to an effective judicial remedy against a controller or processor - Information to be made available or given to the data subject

Categories
Fundamental Rights Data Protection
Request
C-655/24
Party

Latranov

Type of proceeding
Reference for a preliminary ruling
Referring court

Rayonen sad – Veliki Preslav (District Court, Veliki Preslav, Bulgaria)

Application of EU's legal framework on asset recovery and confiscation to traffic offences committed after the consumption of alcohol and/or narcotics - Classification of a motor vehicle as an instrumentality used to commit the offence - Charter of Fundamental Rights and proportionality

More
Categories
Fundamental Rights Freezing of Assets / Confiscation
Request Opinion (AG)
C-640/24
Party

Giannaro

Type of proceeding
Reference for a preliminary ruling
Referring court

Corte suprema di cassazione (Court of Cassation, Italy)

Art. 12(2) of Directive 2004/80/EC – National schemes for the compensation of victims of violent intentional crime – The offence of homicide – Compensation for close family members of the deceased – A ‘cascading’ compensation scheme based on the order of succession – National legislation making the payment of compensation to the siblings of the deceased conditional upon there being no surviving spouse, children or parents of the deceased, and excluding any payment of compensation to the deceased’s grandparents, uncles and aunts – ‘Fair and appropriate’ compensation’

Categories
Victim Protection
Related links
Order
C-627/24 P
Party

Bytedance Ltd v Commission

Type of proceeding
Appeal

The appellant claims that the Court should set aside the judgment under appeal (Bytedance v Commission (T-1077/23)), thereby annulling the European Commission’s Decision designating ByteDance as a gatekeeper pursuant to Article 3 of Regulation (EU) 2022/1925 of the Digital Markets Act (DMA).

More
Categories
Digital Space Regulation Commission
Related links
Appeal
T-608/24
Party

Musa Yusopovich Bazhaev v. Council of the European Union

Type of proceeding
Action for annulment

Common foreign and security policy – Restrictive measures adopted in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion of the applicant’s name on the list

Categories
Ukraine conflict Council Freezing of Assets / Confiscation
Application Judgement
T-606/24
Party

Oleg Vladimirovich Deripaska v. Council of the European Union

Type of proceeding
Action for annulment

Common foreign and security policy – Restrictive measures adopted in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion and maintenance of the applicant’s name on the list – Concept of ‘leading businessperson involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation’

Categories
Ukraine conflict Council Freezing of Assets / Confiscation
Application
T-605/24
Party

Mikhail Fridman v. Council of the European Union

Type of proceeding
Action for annulment

Common foreign and security policy – Restrictive measures adopted in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion of the applicant’s name on the list

Categories
Ukraine conflict Council Freezing of Assets / Confiscation
Application
T-604/24
Party

Vyacheslav Aleksandrovich Boguslayev v. Council of the European Union

Type of proceeding
Action for annulment

Common foreign and security policy – Restrictive measures adopted in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion of the applicant’s name on the list

Categories
Ukraine conflict Council Freezing of Assets / Confiscation
Application Judgement
T-601/24
Party

Anastasia Ignatova v. Council of the European Union

Type of proceeding
Action for annulment

Common foreign and security policy – Restrictive measures adopted in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – immediate family member criterion

Categories
Ukraine conflict Council Freezing of Assets / Confiscation
Application Judgement
T-597/24
Party

Eduard Yurevich Khudaynatov v. Council of the European Union

Type of proceeding
Action for annulment

Common foreign and security policy – Restrictive measures adopted in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion and maintenance of the applicant’s name on the list – Concept of ‘leading businessperson involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation’

Categories
Ukraine conflict Council Freezing of Assets / Confiscation
Application
C-587/24
Party

VOX and Others

Type of proceeding
Reference for a preliminary ruling
Referring court

Tribunal Superior de Justicia de Cataluña (Spain)

Amnesty for offences of misappropriation of national public funds - budget of a Member State's region and effects on the protection of the EU's financial interests - Art. 325 TFEU - territorial integrity of the European Union - systemic risk of impunity and compliance with Art. 325 TFEU

More
Categories
Area of Freedom, Security and Justice Protection of Financial Interests
Request
C-584/24 P
Party

Council v Pumpyanskiy

Type of proceeding
Appeal

Pursuant to the successful challenge brought by Pumpyanskiy in T-740/22 - regarding Council's restrictive measures taken in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine - the Council of the EU brought an appeal 5 September 2024.

The central issue revolves around the criterion of ‘leading businesspersons operating in Russia’, criterion (g), as prescribed by Article 2(1) of Council Decision 2014/145/CFSP as amended by Council Decision (CFSP) 2023/1094.

Common foreign and security policy (CFSP) - Freezing of funds - List of persons, entities and bodies subject to the freezing of funds and economic resources - Concept of ‘leading businessperson’

More
Categories
Ukraine conflict Council Freezing of Assets / Confiscation
Related links
Appeal