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 |
---|---|---|
C-261/22
|
Fundamental rights protection under the Framework Decision on the European Arrest Warrant - (Non-)surrender of a mother who has minor children living with her? - Compatibility of Arts. 1(2) and (3), 3 and 4 of the FD EAW with Arts. 7 and 24(3) of the Charter of Fundamental Rights of the European Union, also considering ECtHR case-law in relation to Art. 8 ECHR and the constitutional traditions common to the Member States, in so far as they require the surrender of the mother, thus severing ties with minor children living with her without considering the best interest of the child MoreCategoriesEuropean Arrest Warrant Judicial CooperationRelated links |
Request Opinion (AG) Judgment |
C-242/22 PPU
|
Interpretation of Art. 1 to 3 of Directive 2010/64 on the right to interpretation and translation in criminal proceedings - "essential document" - information on the right to interpretation and translation according to Art. 3(1)(d) of Directive 2012/13 - non-transposition into national law - direct effect - revocation of a probation sentence - relative nullity and compatibility with Union law CategoriesProcedural SafeguardsRelated links |
Request Opinion (AG) Judgment |
T-233/22
|
Action for annulment – Common foreign and security policy – Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine – Prohibition on any non-Russian-registered aircraft owned, chartered or otherwise controlled by any Russian natural or legal person, entity or body, from landing in, taking off from, or overflying the territory of the European Union – Article 4e of Decision 2014/512/CFSP – Lack of jurisdiction of the General Court – Article 3d of Regulation (EU) No 833/2014 – Lack of locus standi – Inadmissibility MoreCategoriesFundamental Rights Ukraine conflictRelated links |
Application Judgement |
C-219/22
|
Conformity of provisions of the Bulgarian Code of Criminal Procedure with 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 - taking into account of a conviction handed down in another Member State for the revocation of probation - interpretation of the notion "altering the arrangements for executing that sentence" CategoriesTaking Account of Convictions |
Request Opinion (AG) Judgment |
C-209/22
|
Application of Directives 2013/48 on the right of access to a lawyer in criminal proceedings and Directive 2012/13 on the right to information in criminal proceedings factual situations in which coercive measures in the form of personal search and seizure were carried out against a natural person believed by the police to be in possession of narcotics during the investigation of an offence relating to the possession of narcotics - legal concept of "suspect" not recognised in the national law of the Member State in question - judicial review of coercive measures in cases of serious breach of fundamental rights - limitation of review by national courts in this sense CategoriesProcedural SafeguardsRelated links |
Request Opinion (AG) Judgment |
C-179/22
|
Relationship between Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union and Framework Decision 2002/584 on the European arrest warrant - no effective execution by imprisonment of the sentenced person following a pardon and suspension of the sentence, in accordance with the law of the executing State, and without obtaining the consent of the sentencing State in the context of the recognition procedure. MoreCategoriesEuropean Arrest Warrant Transfer of Sentenced Persons |
Request |
C-178/22
|
Processing of personal data in the electronic communications sector – Confidentiality of communications – Providers of electronic communications services – Directive 2002/58/EC – Article 1(3) and Article 15(1) – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 11 and Article 52(1) – Request by a public prosecutor for access to data for the investigation and prosecution of aggravated theft of a mobile telephone – Definition of ‘serious crime’ capable of justifying serious interference with fundamental rights – Scope of prior review to ensure compliance with the requirement of the commission of a serious crime – Principle of proportionality MoreRelated links |
Request Opinion (AG) Judgment |
C-175/22
|
Interpretation of Art. 6(3) and (4) of Directive 2012/13/EU on the right to information in criminal proceedings - national case law on the possibility to give a legal classification of the offence in the final judgment, although the offence differs from that set out in the bill of indictment, provided that it is not classified as an offence attracting a more severe penalty - accused person not properly informed of the new, different legal classification before the delivery of the judgment and unable to defend himself against it. MoreCategoriesProcedural SafeguardsRelated links |
Request Opinion (AG) Judgment |
C-164/22
|
Interpretation of "bis in idem" in Art. 50 CFR and Art. 54 CISA - convictions in Portugal and Spain based on similar pattern of behaviour (pyramid fraud scheme) - totality principle. Compatibility of Spanish legislation on the recognition of judgments delivered in other EU Member States with Union law. CategoriesTaking Account of Convictions Ne bis in idemRelated links |
Request Judgment |
C-162/22
|
Telecommunications - Processing of personal data in the electronic communications sector - Directive 2002/58/EC - Scope - Article 15(1) - Data retained by providers of electronic communications services and made available to authorities in charge of criminal proceedings - Subsequent use of those data in an investigation into misconduct in office MoreCategoriesData ProtectionRelated links |
Request Opinion (AG) Judgment |
C-147/22
|
Interpretation of Art. 50 CFR and Art. 54 CISA - discontinuance of criminal proceedings by the public prosecutor in the pre-trial investigation - preclusion of the pursuit of criminal proeceedings in another Member State - possibilities of reopening the case and their compatibility with Art. 50 CFR/Art. 54 CISA. CategoriesNe bis in idemRelated links |
Request Opinion (AG) Judgment |
C-143/22
|
Question referred: In the event of the temporary reintroduction of border controls at internal borders, under the conditions laid down in Chapter II of Title III of the Schengen Border Code can foreign nationals arriving directly from the territory of a State party to the Schengen Convention signed on 19 June 1990 be refused entry, when entry checks are carried out at that border, on the basis of Art. 14 of that regulation, without Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals being applicable? MoreCategoriesSchengen |
Request Opinion (AG) Judgment |
C-142/22
|
Interpretation of Art. 27 (speciality rule) of Framework Decision 2002/584 on the European arrest warrant - consent procedure following a judgment of the CJEU declaring the issuing authority as not judicial (here: Dutch prosecutor) - validity of initial European Arrest Warrants - res iudicata and estoppel principle CategoriesEuropean Arrest WarrantRelated links |
Request Opinion (AG) Judgment |
C-123/22
|
The judgment follows from the earlier ruling in Commission v. Hungary (Reception of applicants for international protection I) (Case C-808/18), in which the Court of Justice held that Hungary had failed to comply with EU rules on procedures for the granting of international protection and the return of illegally staying third-country nationals. Taking the view that Hungary still had not complied with the 2020 judgment, the Commission brought a new action for failure to act, seeking the imposition of financial sanctions upon Hungary. the Court of Justice holds that Hungary has not taken the measures necessary to comply with the Court’s 2020 judgment. Among others, it has failed to comply with the required measures in relation to access to international protection; to the right of applicants for international protection to remain in Hungary pending a final decision on their situation; … MoreCategoriesFundamental Rights Area of Freedom, Security and Justice Commission Procedural SafeguardsRelated links |
Action Judgment |
C-118/22
|
Directive 2016/680 - processing of personal data by the competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties - requirements for the erasure of a police record. CategoriesData ProtectionRelated links |
Request Opinion (AG) Judgment |
C-061/22
|
Compatibility of the obligation to take fingerprints and store them in identity cards in accordance with Article 3(5) of Regulation (EU) 2019/1157 with higher-ranking EU law, in particular Art. 77(3) TFEU, Art. 7 and 8 CFR, Art. 35(10) GDPR MoreCategoriesData ProtectionRelated links |
Request Opinion (AG) Judgment |