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.
Case Information | Subject Matter | Stage of Proceedings |
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C-506/23
|
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))? CategoriesProtection of Financial Interests Tax Evasion |
Request Judgment |
C-460/23
|
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. CategoriesFundamental Rights Schengen Human Rights Issues FrontexRelated links |
Request Opinion (AG) |
C-432/23
|
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
|
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 More |
Request |
C-400/23
|
second sentence of Article 8(4) of Directive (EU) 2016/343 (1) - person who is convicted in absentia - 'informed about the decision' More |
Request Opinion (AG) Judgment |
C-398/23
|
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 More |
Request Judgment |
C-383/23
|
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 MoreCategoriesData Protection |
Request Opinion (AG) Judgment |
C-338/23
|
‘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) More |
Request Order |
C-331/23
|
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
|
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 MoreCategoriesEuropean Public Prosectutor's Office (EPPO) |
Request Opinion (AG) Judgment |
T-289/23
|
The judgment concerns the European Union’s restrictive measures related to actions affecting Ukraine’s territorial integrity, sovereignty, and independence. The measures include freezing funds and economic resources. The legal challenge focuses on the Council’s decision (CFSP) 2023/572 and the implementing regulation (EU) 2023/571, modifying the 2014/145/PESC decision and the regulation (EU) no 269/2014. The General Court rendered a judgment on a similar question in Aven v Council (T-283/23). Common foreign and security policy (CFSP) – Restrictive measures 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 and maintenance of the applicant’s name on the lists – Concept of ‘leading businessperson’ CategoriesFundamental Rights Ukraine conflict Council Freezing of Assets / ConfiscationRelated links |
Application |
C-285/23
|
Request for a preliminary ruling - hearing of an accused person by videoconference - Article 24(1) of Directive 2014/41/EU of the European Parliament and of the Council - presumption of innocence and of the right to be present at the trial also be ensured by participating by videoconference - Article 8(1) of Directive (EU) 2016/343 - may the videoconference be arranged only via the competent authorities of the Member State Note: The case was joined with Case C-255/23. For details on the procedure see this case. MoreCategoriesEuropean Investigation OrderRelated links |
Request |
T-283/23
|
The cases concerns an action for annulment against Council Decision (CFSP) 2023/572 and Council Implementing Regulation (EU) 2023/571 regarding restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty, and independence of Ukraine. Common foreign and security policy (CFSP) – Restrictive measures 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 and maintenance of the applicant’s name on the lists – Concept of ‘leading businessperson’ CategoriesFundamental Rights Ukraine conflict Council Freezing of Assets / Confiscation |
Application |
C-271/23
|
In Alfa-Bank v. Council, the applicant seeks the annulment of paragraph 198 of Council Decision (CFSP) 2023/432 and paragraph 198 of Council Implementing Regulation (EU) 2023/429. In doing so, the applicant has put forward pleas in law, primarily referring to the Council’s alleged lack of evidence, leading to an alleged erroneous assessment which resulted in the applicant being classified as ‘leading businesspersons or legal persons, entities or bodies involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation, which is responsible for the annexation of Crimea and the destabilization of Ukraine, and natural or legal persons, entities, or bodies associated with them. CategoriesFundamental Rights Ukraine conflict Council Financial Penalties Freezing of Assets / ConfiscationRelated links |
Application Opinion (AG) |
C-255/23
|
Request for a preliminary ruling - accused person residing in a different Member State - possibility of participation by videoconference, as an accused person, in judicial proceedings CategoriesEuropean Investigation Order Procedural SafeguardsRelated links |
Request Judgment |
C-208/23
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European Arrest Warrant - Interpretation of Art. 1(2) and Art. 1(3) Framework Decision 2002/584/JHA - Refusal or, in any event, deferral of surrender of a pregnant woman or a mother who has minor children living with her - significance of the "best interest of the child" - compatibility of Framework Decision 2002/584/JHA with Articles 3, 7, 4, 24 and 35 of the Charter of Fundamental Rights of the European Union, taking account also the case-law of the European Court of Human Rights and the constitutional traditions common to the Member States MoreCategoriesFundamental Rights European Arrest Warrant Judicial Cooperation |
Request |