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
T-797/22
Party

Ordre néerlandais des avocats du barreau de Bruxelles and Others v Council

Type of proceeding
Action for annulment

Article 1(12) of Council Regulation (EU) 2022/1904 of 6 October 2022 amending Regulation (EU) No 833/2014 - restrictive measures in view of Russia’s actions destabilising the situation in Ukraine - infringement of the fundamental rights to protection of privacy and access to justice - breach of the principle of proportionality - not suitable for achieving the legitimate objectives - breach of the principle of legal certainty

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Related links
Application Judgement
T-793/22
Party

TU v European Parliament

Type of proceeding
Action for annulment

EU Staff Regulation - Duties of EU institutions to protect informants - Necessary protection beyond the discharge of the informant's duties - Parliamentary Assistants - renewal of contract - collaboration with OLAF - retaliation of whistleblowers - non-material damage and compensation

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Categories
European Parliament OLAF Protection of Financial Interests Victim Protection
Related links
Application Judgement
C-792/22
Party

Energotehnica (Criminal proceedings against MG)

Type of proceeding
Reference for a preliminary ruling
Referring court

Curtea de Apel Braşov (Court of Appeal of Brașov (Romania))

Protection of the safety and health of workers – Directive 89/391/EEC – General obligations relating to the protection of safety and health – Parallel national proceedings – Judgment of an administrative court having force of res judicata before the criminal court – Classification of an event as an "accident at work" – Effectiveness of the protection of the rights guaranteed by Directive 89/391 – Art. 47 of the Charter of Fundamental Rights of the European Union – Right to be heard – Disciplinary proceedings against a judge of an ordinary court in the event of failure to comply with a decision of a constitutional court that is contrary to EU law – Primacy of EU law.

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Categories
Fundamental Rights Rule of Law Area of Freedom, Security and Justice Procedural Safeguards Victim Protection
Related links
Request Opinion (AG) Judgment
C-769/22
Party

Commission v Hungary

Type of proceeding
Actions for failure to fulfil obligations

Commission's infringement action against the Hungarian Law LXXIX of 2021 adopting stricter measures against persons convicted of paedophilia and amending certain laws for the protection of children - Commission's application to declare the Hungarian law incompatible with EU law in several areas, including media freedom, advertising, electronic commerce and education - infringement of principles of EU law and fundamental rights guaranteed in the Charter of Fundamental Rights of the EU

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Categories
Fundamental Rights Rule of Law
Related links
Action
C-763/22
Party

Procureur de la République v OP

Type of proceeding
Reference for a preliminary ruling
Referring court

Tribunal judiciaire de Marseille

Does Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States 1 preclude the legislation of a Member State from granting a governmental authority the power to decide, between a European arrest warrant and a concurrent extradition request issued by a third country, which of the two is to be executed, without any possibility of legal remedy?

Categories
European Arrest Warrant Judicial Cooperation
Request Opinion (AG)
C-760/22
Party

FP, QV, IN, YL, VD, JF and OL

Type of proceeding
Reference for a preliminary ruling
Referring court

Sofiyski gradski sad

Right of a defendant to be present at his or her trial - Article 8(1) of Directive 2016/343 - video conference - effective and confidential means of conferring with his or her lawyer

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Categories
Procedural Safeguards
Related links
Request Opinion (AG) Judgment
T-740/22
Party

Pumpyanskiy v Council

Type of proceeding
Action for annulment

The applicant successfully seeked the annulment of Council restrictive measures taken in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.

The Council brought an appeal against the judgment of the General Court on 5 September 2024 in C-584/24 P.

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’

Categories
Ukraine conflict Council Freezing of Assets / Confiscation
Related links
Application Judgement
C-730/22
Party

LG & Others v Commission

Type of proceeding
Action for annulment

Investigations conducted by the European Anti-Fraud Office (OLAF) - Article 9(4) of Regulation 883/2013, as amended by Regulation 2020/2223 - Not providing suspects with reasonably detailed and clear fact statements and an additional opportunity to comment on such statements

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Categories
OLAF Procedural Safeguards
Related links
C-670/22
Party

M.N. v Staatsanwaltschaft Berlin

Type of proceeding
Reference for a preliminary ruling
Referring court

Landgericht Berlin (Regional Court of Berlin, Germany)

Reference for preliminary ruling in EncroChat case - Judicial cooperation in criminal matters – Interpretation of Directive 2014/41/EU on the European Investigation Order in criminal matters – Concept of "issuing authority" – Spying on and transmitting traffic, location, and communication data of an internet-based communications service provider from France to Germany – Mobile phones equipped with encryption software – Illicit trafficking in substantial quantities of narcotic drugs – Use of evidence in criminal proceedings

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Categories
Organised Crime European Investigation Order Judicial Cooperation Police Cooperation Procedural Safeguards
Related links
Request Opinion (AG) Judgment
T-644/22
Party

Timchenko and Timchenko v Council of the European Union

Type of proceeding
Action for annulment

The applicants seek the annulment of Article 1, point 4, of Council Regulation (EU) 2022/1273 of 21 July 2022 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

Common foreign and security policy – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Action for annulment – Locus standi – Direct concern

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Categories
Ukraine conflict Council Freezing of Assets / Confiscation
Related links
Application Judgement
T-635/22
Party

Fridman and Others v. Council of the European Union

Type of proceeding
Action for annulment

The applicants seek the annulment of Council Regulation (EU) 2022/1273 of 21 July 2022 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine. They claimed that such measures should be within the powers of EU Member States, not the EU Council. Specifically, they contended that the obligations amounted to a misuse of power and should not be regarded as necessary for implementing decisions under the Common Foreign and Security Policy (CFSP).

Common foreign and security policy – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Action for annulment – Locus standi – Direct concern

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Categories
Ukraine conflict Council Freezing of Assets / Confiscation
Related links
Application Judgement
C-623/22
Type of proceeding
Reference for a preliminary ruling
Referring court

Belgian Constitutional Court

The Court of Justice is asked to clarify if Council Directive 2018/822 as regards mandatory automatic exchange of information in the field of taxation infringes Article 6(3) of the Treaty of the European Union and Articles 20 and 21 ECHR by not limiting the reporting obligation in respect of cross-border arrangements to corporation tax, but makes it applicable to all taxes falling within the scope of Council Directive 2011/16/EU on administrative cooperation in the field of taxation, which include under Belgian law not only corporation tax, but also direct taxes.

principle of legality in criminal matters - general principle of legal certainty - right to respect for private life

Categories
Fundamental Rights Human Rights Issues European Court of Justice (ECJ) European Judicial Network (EJN) Judicial Cooperation Data Protection Procedural Safeguards Victim Protection
Related links
Request Opinion (AG) Judgment
C-603/22
Party

M.S., J.W., M.P.

Type of proceeding
Reference for a preliminary ruling
Referring court

Sąd Rejonowy w Słupsku, Poland

Interpretation of Union law in the area of procedural guarantees for children in criminal proceedings with regard to the right to defense counsel and the obligations to provide information incumbent on the prosecuting authorities - Compatibility of provisions of national law with Union law - Right or obligation to disregard national provisions that are incompatible with directives - Possibility, right or duty to exclude evidence obtained in breach of provisions of directives in criminal proceedings - Duties of the public prosecutor in connection with effective judicial protection - Compatibility with Union law of provisions empowering the Minister for Justice to issue binding instructions to public prosecutors and to order the suspension of a judge from the performance of his duties - Art. 267 of the Treaty on the Functioning of the European Union.

Categories
Procedural Safeguards
Related links
Request Opinion (AG) Judgment
C-583/22 PPU
Party

MV

Type of proceeding
Reference for a preliminary ruling
Referring court

Bundesgerichtshof (Federal Court of Justice, Germany)

Framework Decision 2008/675/JHA – Article 3(1) – Principle of assimilation of earlier convictions handed down in another Member State – Obligation to ensure that the effects attached to those convictions are equivalent to those attached to previous national convictions – National rules concerning subsequent formation of a cumulative sentence – Multiple offences – Determination of an aggregate sentence – Maximum of 15 years for non-life custodial sentences – Article 3(5) – Exception – Offence committed before the handing down or execution of sentences in another Member State

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Categories
Area of Freedom, Security and Justice Judicial Cooperation Police Cooperation
Request Opinion (AG) Judgment
C-578/22
Party

EDPS v Parliament and Council

Type of proceeding
Action for annulment

requested annulment of Article 74a and Article 74b of Regulation 2016/794 as amended by Regulation 2022/991

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Categories
Europol European Data Protection Supervisor (EDPS) Police Cooperation Data Protection
Related links
Application
T-494/22
Party

NKO AO National Settlement Depository (NSD) v Council of the European Union

Type of proceeding
Action for annulment

The applicant seeks annulment of Council Decision (CFSP) 2022/883 of 3 June 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.

Common foreign and security policy – Freezing of funds – Action for annulment – Obligation to state reason

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Categories
Ukraine conflict Council Freezing of Assets / Confiscation
Related links
Application Judgement