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-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)
C-530/23
Party

KP

Type of proceeding
Reference for a preliminary ruling
Referring court

Sąd Rejonowy we Włocławku

Criminal proceedings against a person undergoing psychiatric treatment, suspected of possessing narcotic drugs and driving a vehicle under the influence of such drugs

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
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
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
Request Judgment
C-460/23
Party

OB

Type of proceeding
Reference for a preliminary ruling
Referring court

Tribunale di Bologna (Italy)

The subject matter concerns criminal proceedings against OB, of Congolese origin, who is accused of having carried out acts intended to procure the unauthorised entry of two minors, who are also foreign nationals, into Italian territory, and also charged with the offence of holding false identification documents concerning herself and the two minors. The referring court raises, pursuant to Article 267 TFEU, the issue of the compatibility with the Charter of Fundamental Rights of the European Union of the EU legislation on facilitating illegal immigration and the related Italian implementing provisions, which, as regards the offence of facilitating the unauthorised entry of foreign nationals, do not provide that the purpose of humanitarian assistance can be regarded as a justificatory ground for excluding criminal liability.

Categories
Fundamental Rights Schengen Human Rights Issues Frontex
Related links
Request Opinion (AG) Judgment
C-432/23
Party

F, société en commandite simple, Ordre des avocats du barreau de Luxembourg

Type of proceeding
Reference for a preliminary ruling
Referring court

Cour administrative (Luxembourg)

scope of the protection of exchanges between lawyers and their clients of Article 7 of the Charter - cooperation of lawyers as third parties - reduction of cooperation to what is appropriate and necessary

Related links
Request Opinion (AG) Judgment
C-402/23
Party

Dimas v Ministerio Fiscal

Type of proceeding
Reference for a preliminary ruling
Referring court

Audiencia Nacional

Article 18 and Article 21(1) TFEU - extension of the prohibition on the surrender of nationals contained in a bilateral extradition treaty concluded between a Member State of the European Union and a third State - nationals exercising their right of free movement - Member State refuses to issue an arrest warrant - does the decision of that Member State regarding its national bind the requested Member State in the case of an extradition requested by a third State

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Request
C-400/23
Party

VB

Type of proceeding
Reference for a preliminary ruling
Referring court

Sofiyski gradski sad

second sentence of Article 8(4) of Directive (EU) 2016/343 (1) - person who is convicted in absentia - 'informed about the decision'

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Request Opinion (AG) Judgment
C-398/23
Party

PT

Type of proceeding
Reference for a preliminary ruling
Referring court

Sofiyski gradski sad

national law which stipulates that the co-defendants and their defence counsel must give their consent in order for an agreement discontinuing criminal proceedings against a defendant to receive approval when those proceedings are at the trial stage - proceedings at the pre-trial stage - Article 4(1) and Article 5 of Framework Decision 2004/757 (1) and Article 4 of Framework Decision 2008/841, (2) - Article 20 of the Charter - national law that provides for that limitation also as a consequence of providing the defendant with detailed information on the accusation

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Request Judgment
C-383/23
Party

Anklagemyndigheden v. LVA A/S

Type of proceeding
Reference for a preliminary ruling
Referring court

Vestre Landsret (High Court of Western Denmark, Denmark)

Protection of personal data – Regulation (EU) 2016/679 – Administrative fines – Fines other than administrative fines – Concept of ‘undertaking’ – Articles 101 and 102 TFEU – Parent company and subsidiary – Infringement of Regulation 2016/679 by a subsidiary – Calculation of the amount of the fine – Consideration of the total turnover of the group of which the company concerned forms part – Criminal proceedings

More
Categories
Data Protection
Related links
Request Opinion (AG) Judgment
T-349/23
Party

Semedo v Parliament

Type of proceeding
Action for annulment

European Parliament – Members – Disciplinary measures – Penalties – Psychological harassment – Member’s right of access to the investigation file – Disclosure of an anonymised version of the witness statements that does not reflect the substance of the statements taken from the witnesses – No access to the written evidence relied on to determine that harassment had occurred – Member not able effectively to submit observations prior to the President’s decision – Infringement of the right to be heard – Consequences

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Categories
European Parliament Procedural Safeguards
Related links
Application Judgement
C-338/23
Party

M.S.S. and Others

Type of proceeding
Reference for a preliminary ruling
Referring court

Sofiyski gradski sad

‘conflict of interests’ between the defendant and the judge - deliberately and knowingly create artificial conditions for recusal and a conflict of interests between the defendant and the judge - Directive 2013/48/EU, (2)

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Request Order
C-331/23
Party

Dranken Van Eetvelde NV v Belgische Staat

Type of proceeding
Reference for a preliminary ruling
Referring court

Rechtbank van eerste aanleg Oost-Vlaanderen, afdeling Gent

Request for a preliminary ruling - Article 205 of Directive 2006/112 - principle of proportionality - tax fraud - principle of VAT neutrality - Article 50 of the Charter of Fundamental Rights of the European Union - cumulation of (administrative and criminal) penalties of a criminal nature

More
Request Opinion (AG) Judgment
C-292/23
Party

European Public Prosecutor’s Office v I.R.O., F.J.L.R

Type of proceeding
Reference for a preliminary ruling
Referring court

Juzgado Central de Instrucción No 6 de la Audiencia Nacional (Spain)

Interpretation of Art. 42(1) EPPO Regulation - judicial review of procedural acts of the EPPO - summoning of witnesses - exclusion of judicial review under the Spanish law implementing the EPPO Regulation - investigative powers of the European Delegated Prosecutor - compatibility with Union law with regard to judicial review of acts of European Delegated Prosecutors which limits the situations in which there is a right to contest decisions to a closed number of situations such as that provided for in Spanish law in Articles 90 and 91 of LO 9/2021

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Categories
European Public Prosectutor's Office (EPPO)
Request Opinion (AG) Judgment