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-583/22 PPU
Party

MV

Type of proceeding
Reference for a preliminary ruling
Referring court

Bundesgerichtshof (Federal Court of Justice, Germany)

Framework Decision 2008/675/JHA – Article 3(1) – Principle of assimilation of earlier convictions handed down in another Member State – Obligation to ensure that the effects attached to those convictions are equivalent to those attached to previous national convictions – National rules concerning subsequent formation of a cumulative sentence – Multiple offences – Determination of an aggregate sentence – Maximum of 15 years for non-life custodial sentences – Article 3(5) – Exception – Offence committed before the handing down or execution of sentences in another Member State

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Categories
Area of Freedom, Security and Justice Judicial Cooperation Police Cooperation
Request Opinion (AG) Judgment
C-578/22
Party

EDPS v Parliament and Council

Type of proceeding
Action for annulment

requested annulment of Article 74a and Article 74b of Regulation 2016/794 as amended by Regulation 2022/991

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Categories
Europol European Data Protection Supervisor (EDPS) Police Cooperation Data Protection
Related links
Application
T-533/22
Party

Stichting Rechters voor Rechters

Type of proceeding
Action for annulment

Actions for annulment – Regulation (EU) 2021/241 of the European Parliament and of the Council – Council Implementing Decision of 17 June 2022 on the approval of the assessment of the recovery and resilience plan for Poland – Lack of direct concern – Inadmissibility

The case was joined with cases T-530/22, T-531/22, and T-532/22

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Categories
Rule of Law Protection of Financial Interests
Application
T-530/22
Party

Magistrats européens pour la démocratie et les libertés (Medel) and Others v Council

Type of proceeding
Action for annulment

Actions for annulment – Regulation (EU) 2021/241 of the European Parliament and of the Council – Council Implementing Decision of 17 June 2022 on the approval of the assessment of the recovery and resilience plan for Poland – Lack of direct concern – Inadmissibility

The case was joined with cases T-531/22, T-532/22, and T-533/22.

The case was decided by Order of the General Court on 4 June 2024. The Court dismissed the actions as inadmissible.

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Categories
Rule of Law Protection of Financial Interests
Application
C-494/22 P
Party

European Commmission v Czech Republic

Type of proceeding
Appeal

EU's own resources - obligations for EU Member States - establishment of Union's right for customs duties - OLAF mission report - effective measures to secure the EU's financial interests

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Categories
OLAF Protection of Financial Interests
Related links
Appeal Opinion (AG) Judgment
T-494/22
Party

NKO AO National Settlement Depository (NSD) v Council of the European Union

Type of proceeding
Action for annulment

The applicant seeks annulment of Council Decision (CFSP) 2022/883 of 3 June 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.

Common foreign and security policy – Freezing of funds – Action for annulment – Obligation to state reason

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Categories
Ukraine conflict Council Freezing of Assets / Confiscation
Related links
Application Judgement
C-492/22 PPU
Party

CJ

Type of proceeding
Reference for a preliminary ruling
Referring court

Rechtbank Amsterdam (Netherlands)

European arrest warrant - Framework Decision 2002/584/JHA - Art. 6(2) - Determination of competent judicial authorities - Decision to postpone surrender of requested person issued by an institution which is not an executing judicial authority - Art. 23 - Expiry of time limits for surrender - Consequences - Art. 12 and Art. 24, para. 1 - Detention of the requested person for the purpose of prosecution in the executing Member State - Art. 6, 47 and 48 of the Charter of Fundamental Rights of the European Union - Right of the prosecuted person to appear in person at the trial

Categories
Judicial Cooperation Procedural Safeguards
Request Opinion (AG) Judgment
C-481/22
Party

JMTB

Type of proceeding
Reference for a preliminary ruling
Referring court

Audiencia Nacional

Request Judgment
C-468/22
Party

VB

Type of proceeding
Reference for a preliminary ruling
Referring court

Spetsialisiran nakazatelen sad, Bulgaria

Compatibility of Art. 9 of Directive 2016/343 (1) and the principle of effectiveness of a national provision such as Art. 423(3) NPK with the obligation of a person who files an application for a retrial because he or she was not present at the first hearing and none of the cases of Art. 8(2) [of that Directive] applies, to appear in person before the court to have that application considered on the merits of the case.

NOTE: The case was joined with Case C-430/22. For details see there.

Categories
Procedural Safeguards
Request
C-442/22
Party

Dyrektor Izby Administracji Skarbowej w Lublinie (Fraude d’un employé)

Type of proceeding
Reference for a preliminary ruling
Referring court

Naczelny Sąd Administracyjny (Supreme Administrative Court, Poland)

Common system of value added tax (VAT) – Directive 2006/112/EC – Article 203 – Obligation to pay – Person who enters VAT on an invoice – Person liable to pay VAT – Fake invoices issued by an employee including the employer’s details without its knowledge or consent – Employer due diligence

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Categories
Tax Evasion
Related links
Request Opinion (AG) Judgment
C-435/22 PPU
Party

HF v Generalstaatsanwaltschaft München

Type of proceeding
Reference for a preliminary ruling
Referring court

Oberlandesgericht München, Germany

Interpretation of Art. 54 CISA and Art. 50 CFR - extradition to third countries (here: USA) - extradition of a non-EU citizen (third country national) against whom a final judgment has been passed by another Member State of the European Union for the same offences to which the extradition request relates - obligations from bilateral extradition treaty between the requested EU Member State and the third country - follow-up to the CJEU judgment of 12 May 2021 in Case C-505/19 (WS v Bundesrepublik Deutschland).

Categories
Judicial Cooperation Ne bis in idem
Related links
Request Opinion (AG) Judgment
C-432/22
Party

PT, SD

Type of proceeding
Reference for a preliminary ruling
Referring court

Spetsializiran nakazatelen sad, Bulgaria

Is it compatible with the second sentence of Article 19(1) TEU and the first and second paragraphs of Article 47 of the Charter for a national law to impose a requirement under which a court other than the one hearing the case and before which all the evidence has been taken is to examine the substance of an agreement entered into between the public prosecutor and an accused person, whereby the reason behind that requirement is the fact that there are other co-accused persons who have not entered into an agreement - Is a national law under which an agreement discontinuing criminal proceedings is to be approved only with the consent of all other co-accused persons and their defence counsel compatible with Article 5 of Framework Decision 2004/757

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Categories
Procedural Safeguards
Request Opinion (AG) Judgment
C-430/22
Party

VB

Type of proceeding
Reference for a preliminary ruling
Referring court

Spetsializiran nakazatelen sad, Bulgaria

Questions referred: Must the second sentence of Article 8(4) of Directive 2016/343 (1) be interpreted as obliging a national court which convicts an accused person in absentia, without the conditions of Article 8(2) being met, to make express reference to the accused person’s right to have the proceedings reopened, to which he or she is entitled under Article 9 of that directive, in order that he or she can be informed of that right at a later stage, in particular when he or she is detained for the purpose of executing the sentence? The question arises in the light of the fact that national law provides neither for the person convicted in absentia to be informed of his or her right to have the proceedings reopened when he or she is detained for the purpose of executing the sentence, nor …

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Categories
Procedural Safeguards
Request Judgment
C-396/22
Party

Generalstaatsanwaltschaft Berlin

Type of proceeding
Reference for a preliminary ruling
Referring court

Kammergericht Berlin, Germany

Interpretation of Art. 4a of Framework Decision 2002/584 on the European arrest warrant as introduced by Framework Decision 2009/299 - proceedings of subsequent fixing of aggregate sentence - no oral hearing - no examination of guilt - modification of penalty - conformity of the implementation of Art. 4a in Sec. 83(1) No. 3 of the German Law on International Cooperation in Criminal Matters (IRG) - facultative vs mandatory refusal grounds

Categories
European Arrest Warrant
Request Judgment
T-375/22
Party

Izuzquiza and Others v European Parliament

Type of proceeding
Action for annulment

Balancing access to documents v protection of personal data – Regulation (EC) No 1049/2001 – Documents relating to the allowances and expenses paid to a Member of Parliament and the salaries and allowances of his or her parliamentary assistants – MEP's refusal to step back despite criminal conviction to long sentence - Refusal to grant access to individuals by EP – Exception relating to the protection of privacy and the integrity of the individual – Article 4(1)(b) and (6) of Regulation No 1049/2001 – Protection of the data subject’s legitimate interests – Necessity of the transmission of personal data for a specific purpose in the public interest – Article 9(1) of Regulation (EU) 2018/1725

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Categories
Fundamental Rights Corruption Protection of Financial Interests Data Protection
Application Judgement
C-363/22
Party

Planistat Europe and Charlot v Commission

Type of proceeding
Appeal

rule of law concerning the procedure for calculating the limitation period - infringement of the fundamental principle of the right to respect for private life - infringement of the right to sound administration

Related links
Appeal Opinion (AG) Judgment