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-246/24
Party

ZZ v Generalstaatsanwaltschaft Frankfurt am Main (Exportation d’argent liquide en Russie)

Type of proceeding
Reference for a preliminary ruling
Referring court

Oberlandesgericht Frankfurt am Main (Higher Regional Court, Frankfurt am Main, Germany)

Restrictive measures against Russia – Art. 5i(2)(a) Reg. 833/2014 – export of euro-denominated banknotes – exemption for personal use – interpretation – cash for medical treatment in Russia not covered by exemption

Categories
Ukraine conflict Freezing of Assets / Confiscation
Related links
Request Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
C-241/24
Party

Tsenochev (criminal proceedings against M. N. D. and Y. G. Ts.)

Type of proceeding
Reference for a preliminary ruling
Referring court

Okrazhen sad Pleven, Bulgaria

Interpretation of Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA - scope of victim's participation in penalty determination procedure - "offence-related" and "non-offence-related" damage - compatibility of the Bulgarian Court of Criminal Procedure with the right to an effective remedy enshrined in Art. 47 of the Charter in relation with the prohibition to settle criminal cases by means of agreement for serious and intentionally committed offences - interpretation of the term "effective, proportionate and dissuasive" penalty - deals in the pre-trial stage of criminal proceedings - scope of court's assessment.

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Categories
Fundamental Rights Trafficking in Human Beings
Request Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
C-225/24
Party

European Parliament vs. European Commission

Type of proceeding
Action for annulment

The European Parliament seeks annulment of a Commission Implementing Decision which positively assessed Hungary’s judicial reforms. The Parliament alleges that the Commission wrongly found the horizontal enabling condition on judicial independence fulfilled, thereby allowing Hungary access to EU funds, despite ongoing concerns over the rule of law and the independence of the judiciary.

Application Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
C-202/24
Party

Alchaster (EAW against MA)

Type of proceeding
Reference for a preliminary ruling
Referring court

Supreme Court Ireland

Surrenders under the Trade and Cooperation Agreement between the EU and UK - Competences of the executing authority of an EU Member State - Risk of breach of a fundamental rights - Test of examination of EU ordre public - transfer of Aranyosi case law - Legality principle pursuant to Art. 49(1) of the Charter of Fundamental Rights of the EU - Changes of the release on licence to the detriment of the convicted person

Categories
Fundamental Rights Brexit European Arrest Warrant Judicial Cooperation
Related links
Request Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
C-136/24 P
Party

Hamoudi v Frontex

Type of proceeding
Appeal

Appeal against the order of the General Court (T-136/22) – action for damages – evidence regarding pushback allegations against Frontex – legal errors in the General Court’s assessment of proof and of actual damage

Categories
Fundamental Rights Frontex
Related links
Appeal Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
C-111/24 P
Party

German Khan v Council of the European Union

Type of proceeding
Appeal

Challenge to the interpretation and application of Article 2(1)(g) of Decision 2014/145/CFSP and Article 3(1)(g) of Regulation (EU) No 269/2014 – following the appellant’s listing as a leading businessperson in Russia.
The appeal focuses on alleged misinterpretation of the legal criterion, improper judicial reasoning, reversal of the burden of proof, and a violation of the duty to state reasons.
The case raises questions of whether being a business executive in a sector generating tax revenue for the Russian government suffices to justify restrictive measures, and whether that interpretation violates general principles of EU law.

Categories
Fundamental Rights Ukraine conflict Council Freezing of Assets / Confiscation Procedural Safeguards
Appeal Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
C-091/24
Party

Aucroix

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
Request Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
T-058/24
Party

TikTok Technology Ltd (Dublin, Ireland) vs. European Commission

Type of proceeding
Action for annulment

The case concerns the annulment of Commission Implementing Decision C(2023) 8173, which determined the supervisory fee for TikTok for the year 2023 under the Digital Services Act (DSA, Regulation (EU) 2022/2065). TikTok challenged the Commission’s use of a common methodology to calculate the number of average monthly active recipients (AMAR), which was used to apportion supervisory fees among designated very large online platforms (VLOPs). The General Court found that the Commission unlawfully adopted this methodology via an implementing act instead of using the delegated act procedure required under Article 43(4) DSA. As this methodology formed a core part of the fee determination, the Court annulled the decision. However, to preserve legal certainty and allow the Commission time to adopt a lawful delegated act, the effects of the annulled decision were maintained for up to 12 months after the judgment becomes …

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Categories
Digital Space Regulation Commission Court of Justice of the European Union (CJEU)
Application Opinion (AG) Judgement Order
T-055/24
Party

Meta Platforms Ireland Ltd (Dublin, Ireland) vs. European Commission

Type of proceeding
Action for annulment

The case concerns the annulment of Commission Implementing Decision C(2023) 8176, which determined the supervisory fee for Facebook and Instagram for 2023 under the Digital Services Act (Regulation (EU) 2022/2065). Meta Platforms Ireland challenged the Commission’s method of calculating the “average monthly active recipients” (AMAR), which was used to set the fee. The General Court found that the Commission unlawfully introduced a detailed methodology for calculating AMAR via an implementing act, even though such methodology should have been adopted via a delegated act under Article 43(4) DSA. As this methodology was a key element of the fee calculation, the Court held that the Commission violated the legal basis and institutional balance by circumventing the delegated powers procedure. The contested decision was annulled, but its effects were temporarily maintained for up to 12 months to ensure legal certainty and continuity of …

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Categories
Digital Space Regulation Commission Court of Justice of the European Union (CJEU)
Application Opinion (AG) Judgement Order
C-035/24 P
Party

Dmitry Arkadievich Mazepin v Council of the European Union

Type of proceeding
Appeal

Appeal against the interpretation and application of Article 2(1)(g) of Decision 2014/145/CFSP and Article 3(1)(g) of Regulation (EU) No 269/2014, particularly the scope and meaning of “substantial source of revenue to the Government of the Russian Federation” in light of sanctions following Russia’s aggression against Ukraine.
The appellant alleges misinterpretation, insufficient reasoning, and violation of procedural guarantees, including the reversal of the burden of proof.
He also raises a plea of illegality of the underlying EU legal acts and argues discrimination and breach of equal treatment under general principles of EU law.

Categories
Fundamental Rights Ukraine conflict Council Freezing of Assets / Confiscation Procedural Safeguards
Appeal Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
C-015/24 PPU
Party

Stachev

Type of proceeding
Reference for a preliminary ruling
Referring court

Sofiyski rayonen sad (Bulgaria)

In this judgment, the Court was called to clarify the scope of EU law requirements flowing from Directive 2013/48 on the right of access to a lawyer and more particularly, the interpretation of the rules concerning the waiver of that right by illiterate persons.

Right of access to a lawyer under Directive 2013/48/EU - Art. 47(1) CFR - Bulgarian legislation and case-law depriving courts from assessing evidence collected in breach of the Directive - exclusion of evidence -fairness of the criminal proceedings - derogation from the right of access to a lawyer - waiver of the right by illiterate suspects - rights of information in cases of waiver

Categories
Fundamental Rights European Arrest Warrant Procedural Safeguards
Related links
Request Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
C-003/24
Party

"MISTRAL TRANS" SIA

Type of proceeding
Reference for a preliminary ruling
Referring court

Augstākā tiesa (Senāts) (Supreme Court (Senate), Latvia)

Fourth Anti-Money Laundering Directive (Directive (EU) 2015/849) – Personal Scope – Art. 2(1)(3)(a) – Obliged entity – Concept of "external accountants" – Accounting services provided, on an ancillary basis, to companies related to the entity providing them

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Categories
Money Laundering
Related links
Request Opinion (AG) View Judgment Order Opinion (Court) Ruling Decision
T-1180/23
Party

Applicant: BW (represented by J. Reisinger, lawyer)
Defendants: European Union Agency for Law Enforcement Cooperation (Europol), European Union Agency for Criminal Justice Cooperation (Eurojust)

Type of proceeding
Action for annulment

The case concerns the legality of Europol’s and Eurojust’s involvement in the establishment and operation of a Joint Investigation Team (JIT) between Belgium, France, and the Netherlands, formalised on 13 December 2019, and their role in the collection, processing, analysis, and exchange of encrypted communication data from the Sky ECC platform. The applicant challenges the legality of these actions on multiple grounds, including violations of EU data protection law, the Charter of Fundamental Rights, the European Convention on Human Rights (ECHR), and the International Covenant on Civil and Political Rights (ICCPR). He claims that the actions lacked proportionality and necessity, failed to ensure the legality and usability of evidence, led to double prosecution (in the Netherlands and Serbia), and lacked sufficient safeguards for the protection of personal data. The applicant seeks annulment of the measures, a declaration of inapplicability, and …

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Application
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 Opinion (AG) Judgement Order
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 Opinion (AG) 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 Opinion (AG) Judgement Order