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-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
Request Opinion (AG) Judgment
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

More
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

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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
C-555/23
Party

Makeleio EPE 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 – Provision of audiovisual media services (AVMS) – Internet news portal also broadcasting AVMS – Broadcasts that violate human dignity - fines – Prohibition of broadcasting programmes of poor quality – Principle of conforming interpretation – Limits – Principles of legality and foreseeability

The case was joined with Case C-556/23

Categories
Fundamental Rights Area of Freedom, Security and Justice
Related links
Request Opinion (AG) Judgment
C-544/23
Party

T.T. and BAJI Trans, s.r. o. v. Národný inšpektorát práce

Type of proceeding
Reference for a preliminary ruling
Referring court

Najvyšší správny súd Slovenskej republiky (Supreme Administrative Court of the Slovak Republic)

Regulation (EEC) No 3821/85 – Obligation to carry out periodic inspections of tachygraphs – Exceptions – Article 49(1) and Article 51(1) Charter of Fundamental Rights – Principle of the retroactive application of the more lenient criminal law – Administrative penalties of a criminal nature – New law which entered into force subsequent to the judgment under appeal

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Categories
Fundamental Rights Area of Freedom, Security and Justice
Request Opinion (AG) Judgment
C-530/23
Party

Barało (criminal proceedings against KP)

Type of proceeding
Reference for a preliminary ruling
Referring court

Sąd Rejonowy we Włocławku (District Court, Włocławek, Poland)

Criminal proceedings against a person undergoing psychiatric treatment, suspected of possessing narcotic drugs and driving a vehicle under the influence of such drugs - Interpretation of Directive (EU) 2016/1919 on legal aid and Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings – Procedural safeguards for vulnerable persons – Determination of the vulnerability of those persons – No legal presumption – Direct effect – Interview of a suspect in the absence of a lawyer – Admissibility of evidence obtained in breach of procedural rights

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Categories
Procedural Safeguards
Related links
Request Opinion (AG) Judgment
C-509/23
Party

Laimz

Type of proceeding
Reference for a preliminary ruling
Referring court

Administratīvā rajona tiesa (Latvia)

Interpretation of certain provisions of Directive 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing- Identification of the criteria in accordance with which a person may be regarded as being a close associate of a politically exposed person - Obliged entities belonging to the same group - Sharing of customer screening information - Use of the information so obtained - Situations requiring customer due diligence measures.

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Categories
Money Laundering
Request Judgment
C-506/23
Party

Network One Distribution SRL

Type of proceeding
Reference for a preliminary ruling
Referring court

Curtea de Apel București, Romania

Question referred:

Must EU law and, in particular, Article 114 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code 1 be interpreted as precluding an administrative practice which, in circumstances such as those in the main proceedings, in respect of the amount of anti-dumping duty, imposes on a taxpayer, in addition to the periodic penalty payments provided for in Article 114 of the regulation, a periodic penalty payment provided for separately in national legislation (Codul de procedură fiscal (Romanian Tax Procedure Code))?

Categories
Protection of Financial Interests Tax Evasion
Request Judgment
C-483/23
Party

T Trust

Type of proceeding
Reference for a preliminary ruling
Referring court

Tribunale Amministrativo Regionale per il Lazio (Italy)

Restrictive measures against Russia – Asset freezing under Art. 2(1) Reg. 269/2014 – Inclusion of trust structures – Interpretation of ownership, association and control of assets transferred to a trust by a listed person

Categories
Ukraine conflict Freezing of Assets / Confiscation
Request Opinion (AG)
C-481/23
Party

Sangas

Type of proceeding
Reference for a preliminary ruling
Referring court

Audiencia Nacional (National High Court, Spain)

Interpretation of Art. 4(4) and (6) of Framework Decision 2002/584 on the European arrest warrant – optional grounds for non-execution – statute of limitations under the law of the executing Member State – residence of the requested person – refusal to surrender in absence of final conviction – no undertaking to execute sentence – limits of discretion of executing judicial authority under Union law

Categories
European Arrest Warrant Judicial Cooperation
Related links
Request Judgment