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-391/24
Party

Nolgers

Type of proceeding
Reference for a preliminary ruling
Referring court

Strafuitvoeringsrechtbank van de Nederlandstalige rechtbank van eerste aanleg Brussel (Sentence Enforcement Court of the Court of First Instance (Dutch-speaking), Brussels, Belgium)

Scope of Framework Decision 2008/947/JHA on the mutual recognition of judgments and probation decisions – Supervised release with an obligation to undergo inpatient medical treatment in a closed institution – Measure involving deprivation of liberty – Obligation of recognition and enforcement

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Categories
Judicial Cooperation Supervision of Sentenced Persons
Request Judgment
C-325/24
Party

Bissilli

Type of proceeding
Reference for a preliminary ruling
Referring court

Tribunale ordinario di Firenze (District Court of Florence, Italy)

Material scope of Directive 2014/41/EU regarding the European Investigation Order - interpretation of Arts. 24 and 22 of the Directive - hearing of accused persons via videoconference - use of a different type of investigative measure – Grounds for non-recognition or non-execution – fundamental rights – fundamental principles of the law of the executing Member State – temporary transfer of the detained person to the issuing Member State for the purpose of carrying out an investigative measure – right to a fair trial - delineation between European Investigation Order and European Arrest Warrant

Categories
European Arrest Warrant European Investigation Order Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-318/24 PPU
Party

Breian

Type of proceeding
Reference for a preliminary ruling
Referring court

Curtea de Apel Braşov (Court of Appeal, Braşov, Romania),

Clarification of ECJ case-law on the ground for non-execution of a European arrest warrant (EAW) relating to the risk of infringement of the fundamental rights of the person concerned in the event of being surrendered - Effects produced, for other executing authorities and for the issuing authority, by an executing authority’s refusal to execute an EAW - the reasons underlying the French and Maltese executing authorities’ refusals to execute the EAW issued by the issuing authority - issuing authority's own obligation to make a reference to the ECJ for a preliminary ruling following such a refusal, and its right to participate in the proceedings for the execution of the EAW before the executing authority.

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Categories
Fundamental Rights Area of Freedom, Security and Justice European Arrest Warrant Judicial Cooperation
Related links
Request Opinion (AG) Judgment
T-297/24
Party

Boguslayev v Council of the European Union

Type of proceeding
Action for annulment

Restrictive measures against Russia – Extension of asset freeze – Art. 3(1)(a), (e) of Reg. 269/2014 – Right to property – Right to effective judicial protection – Proportionality – Presumption of innocence – Private/family life

Categories
Ukraine conflict Freezing of Assets / Confiscation
Application Judgement
C-291/24
Party

Steiermärkische Bank und Sparkasse and Others

Type of proceeding
Reference for a preliminary ruling
Referring court

Bundesverwaltungsgericht (Austria)

Interpretation of compatibility of the Austrian Finanzmarkt-Geldwäschegesetz (FM-GwG) with EU secondary law - Directive (EU) 2015/849 of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing) - and general principles of EU law, particularly the effectiveness of EU Directives (effet utile).

The Austrian provisions require that, in order to punish a legal person, an official representative or another natural person who has acted for the legal person has previously been given the formal party status of defendant and that this natural person or representative be declared of wrongdoing to attribute that conduct to the legal person.

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Categories
Fundamental Rights Court of Justice of the European Union (CJEU) Money Laundering
Request Opinion (AG) Judgment
C-288/24
Party

M.R. v Staatsanwaltschaft Berlin

Type of proceeding
Reference for a preliminary ruling
Referring court

Landgericht Berlin I (Regional Court, Berlin I, Germany)

The question was whether or not the refusal by the referring court to continue the criminal proceedings on the substance of the case until the response of the ECJ has been provided was legal.

Categories
Area of Freedom, Security and Justice Cybercrime Judicial Cooperation Procedural Safeguards
Related links
Order
C-284/24
Party

LD v Criminal Injuries Compensation Tribunal

Type of proceeding
Reference for a preliminary ruling
Referring court

High Court (Ireland)

Interpretation of Art. 12(2) of Directive 2004/80/EC – Compensation to victims of violent intentional crimes – Fair and appropriate compensation – National legislation excluding compensation for pain and suffering endured

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Categories
Victim Protection
Request Judgment
T-268/24
Party

Igor Rotenberg v Council of the European Union

Type of proceeding
Action for annulment

Challenge to the inclusion of the applicant, Igor Rotenberg, on the EU sanctions list under Council Decision 2014/145/CFSP and Council Regulation (EU) No 269/2014, as amended in March 2024. The applicant seeks annulment of the listing, arguing that the Council failed to provide adequate reasoning, committed a manifest error of assessment, and violated fundamental rights, including the rights to property and to conduct a business (Articles 16 and 17 of the Charter of Fundamental Rights).

Categories
Fundamental Rights Ukraine conflict Council Freezing of Assets / Confiscation Procedural Safeguards
Application Judgement
C-263/24
Party

Smiliev

Type of proceeding
Reference for a preliminary ruling
Referring court

Rayonen sad - Tutrakan, Bulgaria

Interpretation of Art. 3(1) of Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings in conjunction with Article 2(a) of Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States - National classifications and recognition in other EU Member States - exclusion of certain categories of acts - Conviction handed down by the foreign court concerns an act which is not illegal under the national law.

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Categories
Criminal Records Taking Account of Convictions
Request Judgment
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 Judgment
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 Order
C-239/24
Party

Aurnois

Type of proceeding
Reference for a preliminary ruling
Referring court

Cour d’appel de Bruxelles (Court of Appeal, Brussels, Belgium)

Applicability of Directive 2012/29/EU of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime - Concept of "victim" - Extraterritorial jurisdiction of the criminal courts of a Member State

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Categories
Victim Protection
Request Judgment
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)
C-215/24
Party

Fira

Type of proceeding
Reference for a preliminary ruling
Referring court

Tribunal Judicial da Comarca do Porto – Juízo Local Criminal de Vila Nova de Gaia (District Court, Oporto – Local Criminal Court, Vila Nova de Gaia, Portugal)

Question referred:

Must Art. 8(1) and Art. 17(1) of Framework Decision 2008/909 be interpreted as precluding, where the competent judicial authority of the executing State has refused, under Art. 4(6) of Framework Decision 2002/584, to execute a European arrest warrant issued by the competent judicial authority of the issuing State for the purposes of enforcing a custodial sentence and the competent judicial authority of the executing State has undertaken to enforce that sentence, another competent judicial authority of the executing State from subsequently suspending, under its national law, the enforcement of that sentence?

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Categories
European Arrest Warrant Judicial Cooperation Taking Account of Convictions Transfer of Sentenced Persons
Request Opinion (AG) Judgment Order
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) Judgment
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) Judgment