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-1106/23
Party

Alexander Semenovich Vinokurov 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 - restrictive measures against serious human rights violations and abuses

Categories
Ukraine conflict Council Freezing of Assets / Confiscation
Related links
Application Judgement
T-1077/23
Party

Bytedance Ltd (TikTok) v Commission

Type of proceeding
Action for annulment

Action for annulment brought by Bytedance Ltd (TikTok) against the European Commission’s decision to designate it as a gatekeeper under the Digital Markets Act (DMA).

An appeal has been subsequently brought by Bytedance Ltd in Case C-627/24 P

Categories
Digital Space Regulation Commission
Related links
Application Judgement Order
T-1031/23
Party

Eva Kaili v European Parliament

Type of proceeding
Action for annulment

Challenge to the European Parliament’s refusal to disclose documents concerning previous administrative cases on irregularities in the management of allowances for parliamentary assistants, based on the exception for the protection of court proceedings under Regulation (EC) No 1049/2001. The applicant, Eva Kaili, argued that access was crucial to prove differential treatment in her own case, and that the refusal violated the principles of equality of arms and transparency.

Categories
European Parliament Court of Justice of the European Union (CJEU) European Public Prosectutor's Office (EPPO) Procedural Safeguards
Application Judgement
C-722/23
Party

Rugu

Type of proceeding
Reference for a preliminary ruling
Referring court

Cour de cassation (Court of Cassation, Belgium)

Interpretation of the Framework Decision on the European Arrest Warrant - Consequences of the ECJ judgment in Aranyosi and Căldăraru for the enforcement of custodial sentences imposed against the requested person. Question: Must Art. 4(6) of Framework Decision 2002/584 be interpreted as meaning that the executing judicial authority, where it refuses to execute an EAW on the basis of a ground for non-execution under Art. 1(3) thereof because there is a risk that the person concerned would, if surrendered to the issuing judicial authority, suffer a breach of his or her fundamental rights as a result f the conditions of detention in the issuing Member State, has the option or is required, in order to avoid impunity of that person, to examine whether to order that that sentence be served in the territory of the executing Member State, where it …

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Categories
Fundamental Rights European Arrest Warrant
Related links
C-711/23 P
Party

Viktor Filippovich Rashnikov v Council of the European Union

Type of proceeding
Appeal

Challenge to the interpretation and legality of Article 2(1)(g) of Decision 2014/145/CFSP and Article 3(1)(g) of Regulation (EU) No 269/2014, in the context of the appellant’s inclusion on sanctions lists following Russia’s invasion of Ukraine.
Central legal issues include the proper meaning of “substantial source of revenue to the Government of the Russian Federation”, the scope of judicial review, and whether mandatory tax payments by businesspersons in sanctioned sectors can justify restrictive measures.
The appellant also raises a plea of illegality under Article 277 TFEU concerning the compatibility of criterion (g) with EU primary law.

Categories
Fundamental Rights Ukraine conflict Council Freezing of Assets / Confiscation Procedural Safeguards
Appeal Opinion (AG)
C-704/23 P
Party

Tigran Khudaverdyan v Council of the European Union

Type of proceeding
Appeal

Interpretation and validity of Article 2(1)(g) of Decision 2014/145/CFSP, concerning the listing of “leading businesspersons” involved in economic sectors providing a substantial source of revenue to the Russian government – particularly in light of proportionality, fundamental rights, and burden of proof.
The case also raises questions of whether personal conduct or a link to the Russian regime is required for listing, using the example of the appellant’s executive position at Yandex and his presence at a Kremlin meeting with President Putin.

Categories
Fundamental Rights Ukraine conflict Council Freezing of Assets / Confiscation Procedural Safeguards
Appeal Opinion (AG)
C-701/23
Party

Procureur de la République v SWIFTAIR (a company)

Type of proceeding
Reference for a preliminary ruling
Referring court

Tribunal Judiciaire de Paris

Request for a preliminary ruling - Article 50 of the Charter - ne bis in idem

More
Request Judgment
C-696/23 P
Party

Dmitry Alexandrovich Pumpyanskiy v Council of the European Union

Type of proceeding
Appeal

Interpretation and lawfulness of Article 2(1)(g) of Decision 2014/145/CFSP (restrictive measures following the Russian aggression against Ukraine) – specifically, the legal basis for listing “leading businesspersons” involved in economic sectors providing substantial revenue to the Russian government, without requiring individual conduct or influence over the regime.

(Appeal Case before the General Court T-270/22).

Categories
Fundamental Rights Ukraine conflict Council Freezing of Assets / Confiscation Procedural Safeguards
Appeal Opinion (AG)
C-679/23 P
Party

WS u. a. v. European Border and Coast Guard Agency (Frontex)

Type of proceeding
Appeal

Non-contractual liability – Frontex’s obligations relating to the protection of fundamental rights – Joint return operation carried out by Frontex and the Hellenic Republic - No abuse of process – Admissibility – Causal link

Appeal following the General's Court judgment in Case T-600/21

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Categories
Fundamental Rights Frontex
Appeal Opinion (AG)
C-675/23
Party

M.R. / Staatsanwaltschaft Berlin

Type of proceeding
Reference for a preliminary ruling
Referring court

Regional Court of Berlin (Landgericht Berlin), Germany

Second reference for preliminary ruling in the context of the EncroChat law enforcement operation - Compliance with Directive 2014/41 relating to the European Investigation Order in criminal matters - Similar question as in Case C-670/22 but under different factual circumstances - legitimacy of the EncroChat infiltration - consequences for the use of evidence in case of breach of EU law. Questions referred in detail:

1.   On Art. 6(1)(b) of Directive 2014/41

Does Article 6(1)(b) of Directive 2014/41 preclude a European Investigation Order (‘EIO’) for the transfer of telecommunications data already available in the executing State (France) if, under the law of the issuing State (Germany), a comparable domestic surveillance measure would be inadmissible and the data obtained from it may not, for that reason, be used for criminal prosecution in other proceedings?

2.   On Art. 6(1)(a) of Directive 2014/41

a) …

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Categories
European Investigation Order Law Enforcement Cooperation
Related links
Request
C-671/23
Party

Lietuvos bankas

Type of proceeding
Reference for a preliminary ruling
Referring court

Lietuvos vyriausiasis administracinis teismas - Lithuania

Interpretation of Art. 59 4th AML Directive - treatment of multiple infringements - seriousness of infringements - fines on financial institutions

Categories
Money Laundering
Request Judgment
C-635/23
Party

WBS GmbH v. Generalstaatsanwaltschaft Berlin

Type of proceeding
Reference for a preliminary ruling
Referring court

Kammergericht Berlin (Higher Regional Court, Berlin)

Judicial cooperation in criminal matters – European Investigation Order – Concepts of ‘issuing authority’ and ‘other competent authority acting in its capacity as an investigating authority in criminal proceedings’ – Competence to order the gathering of evidence in accordance with national law – Search measures requiring the authorisation of an investigating judge – Conditions for issuing a European Investigation Order

Categories
European Investigation Order Judicial Cooperation
Related links
C-595/23
Party

Cuprea

Type of proceeding
Reference for a preliminary ruling
Referring court

Corte di appello di Napoli

Article 4(6) of Council Framework Decision 2002/584/JHA of 13 June 2002; (2) - Articles 22(1) and 25 of Council Framework Decision 2008/909/JHA of 27 November 2008; (3) - Articles 24, 25, 26 and 55(1) of Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018; (4) - recital 46 of Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 - potential obligation of the issuing State to delete the alert entered in the SIS and to discharge the European arrest warrant - power of the executing State to request the SIRENE Bureau of the issuing State to delete the alert from the SIS - obligation of the SIRENE Bureau to comply with that request

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Request
C-583/23
Party

Delda (AK v Ministère public)

Type of proceeding
Reference for a preliminary ruling
Referring court

Court de Cassation, France

Material scope of Directive regarding the European Investigation Order in criminal matters – Concept of "investigative measure" – Service of an indictment accompanied by an order that the person be remanded in custody pending trial and make a bail payment – Additionally, order for a hearing of the accused person - Refusal of an EIO in part

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Categories
European Investigation Order
Related links
Request Opinion (AG) Judgment
C-563/23
Party

Natsionalna agentsia za prihodite

Type of proceeding
Reference for a preliminary ruling
Referring court

Sofiyski rayonen sad (Bulgaria)

Data protection and fundamental rights - inquiries in income tax evasion - request for disclosure of personal data under banking secrecy - granting procedure before court - court as "controller" within the meaning of the GDPR - supervision of data access - court as "supervisory authority - effective protection against a further breach of the security of personal data - judicial control

More
Categories
Fundamental Rights Tax Evasion Data Protection
Request
C-556/23
Party

Zougla SA v. Ethniko Symvoulio Radioteliorasis (ESR)

Type of proceeding
Reference for a preliminary ruling
Referring court

Symvoulio tis Epikrateias (Council of State, Greece)

Directive 2010/13 on audiovisual media services, as amended by Directive 2018/1808 - nullum crimen, nulla poena sine lege certa - Article 49(1) of the Charter of Fundamental Rights of the European Union - principle of certainty - human value and dignity - broadcasting of inappropriate content

The case was joined with Case C-555/23 (Makeleio)

Categories
Fundamental Rights Area of Freedom, Security and Justice
Related links
Request