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-802/23
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Concept of "same acts" under Art. 54 CISA and Art. 50 CFR – Member of a terrorist association found guilty, in a Member State, of involvement in that association with a view to preparing an act of terrorism – Prosecution in another Member State for a specific terrorist act committed in the same period MoreCategoriesTerrorism Ne bis in idemRelated links |
Request Judgment |
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C-798/23
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Concept of "trial resulting in the decision" in Art. 4a(1) of the Framework Decision on the European Arrest Warrant - Additional sentence of police supervision after serving prison sentence – Breach of the conditions imposed in connection with that supervision – Decision converting remaining term of police supervision into a custodial sentence – Sentence handed down in absentia MoreCategoriesEuropean Arrest WarrantRelated links |
Request Opinion (AG) Judgment |
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C-722/23
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Interpretation of the Framework Decision on the European Arrest Warrant - Consequences of the ECJ judgment in Aranyosi and Căldăraru for the enforcement of custodial sentences imposed against the requested person. Question: Must Art. 4(6) of Framework Decision 2002/584 be interpreted as meaning that the executing judicial authority, where it refuses to execute an EAW on the basis of a ground for non-execution under Art. 1(3) thereof because there is a risk that the person concerned would, if surrendered to the issuing judicial authority, suffer a breach of his or her fundamental rights as a result f the conditions of detention in the issuing Member State, has the option or is required, in order to avoid impunity of that person, to examine whether to order that that sentence be served in the territory of the executing Member State, where it … MoreCategoriesFundamental Rights European Arrest WarrantRelated links |
Request Opinion (AG) Judgment |
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C-711/23 P
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Challenge to the interpretation and legality of Article 2(1)(g) of Decision 2014/145/CFSP and Article 3(1)(g) of Regulation (EU) No 269/2014, in the context of the appellant’s inclusion on sanctions lists following Russia’s invasion of Ukraine. CategoriesFundamental Rights Ukraine conflict Council Freezing of Assets / Confiscation Procedural Safeguards |
Appeal Opinion (AG) |
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C-704/23 P
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Interpretation and validity of Article 2(1)(g) of Decision 2014/145/CFSP, concerning the listing of “leading businesspersons” involved in economic sectors providing a substantial source of revenue to the Russian government – particularly in light of proportionality, fundamental rights, and burden of proof. CategoriesFundamental Rights Ukraine conflict Council Freezing of Assets / Confiscation Procedural Safeguards |
Appeal Opinion (AG) |
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C-701/23
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Ne bis in idem - Art. 54 CISA and Art. 50 of the Charter - Order for provisional dismissal made in a Member State in respect of natural persons deceased and previously employed by a legal person - res iudicata - criminal proceedings brought against the legal person - inadmissibility MoreCategoriesNe bis in idem |
Request Judgment |
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C-696/23 P
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Interpretation and lawfulness of Article 2(1)(g) of Decision 2014/145/CFSP (restrictive measures following the Russian aggression against Ukraine) – specifically, the legal basis for listing “leading businesspersons” involved in economic sectors providing substantial revenue to the Russian government, without requiring individual conduct or influence over the regime. CategoriesFundamental Rights Ukraine conflict Council Freezing of Assets / Confiscation Procedural Safeguards |
Appeal Opinion (AG) Judgment |
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C-679/23 P
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Non-contractual liability – Frontex’s obligations relating to the protection of fundamental rights – Joint return operation carried out by Frontex and the Hellenic Republic - No abuse of process – Admissibility – Causal link Appeal following the General's Court judgment in Case T-600/21 MoreCategoriesFundamental Rights Frontex |
Appeal Opinion (AG) Judgment |
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C-675/23
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Second reference for preliminary ruling in the context of the EncroChat law enforcement operation - Compliance with Directive 2014/41 relating to the European Investigation Order in criminal matters - Similar question as in Case C-670/22 but under different factual circumstances - legitimacy of the EncroChat infiltration - consequences for the use of evidence in case of breach of EU law. Questions referred in detail: 1. On Art. 6(1)(b) of Directive 2014/41 Does Article 6(1)(b) of Directive 2014/41 preclude a European Investigation Order (‘EIO’) for the transfer of telecommunications data already available in the executing State (France) if, under the law of the issuing State (Germany), a comparable domestic surveillance measure would be inadmissible and the data obtained from it may not, for that reason, be used for criminal prosecution in other proceedings? 2. On Art. 6(1)(a) of Directive 2014/41 a) … MoreCategoriesEuropean Investigation Order Law Enforcement CooperationRelated links |
Request |
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C-671/23
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Interpretation of Art. 59 4th AML Directive - treatment of multiple infringements - seriousness of infringements - fines on financial institutions CategoriesMoney Laundering |
Request Judgment |
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C-641/23
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Question referred: Must Art. 9(1)(d) and Art. 25 of Framework Decision 2008/909 be interpreted as precluding national legislation which provides for an obligation or an option for the competent authority of a Member State to rely on Art. 9(1)(d) in order to refuse to recognise the judgment and enforce the sentence imposed in another Member State on the ground that they relate to acts which would not constitute an offence under the law of the first Member State, where the executing judicial authority of that Member State previously decided to execute the European arrest warrant which gave rise to that judgment and that sentence: (i) by waiving the right to rely on the ground for optional non-execution provided for in Art. 4(1) of Framework Decision 2002/584, which is also based on the absence of double criminality, for an offence covered … MoreCategoriesEuropean Arrest Warrant Judicial Cooperation Transfer of Sentenced Persons |
Request Opinion (AG) Judgment |
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C-635/23
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Judicial cooperation in criminal matters – European Investigation Order – Concepts of ‘issuing authority’ and ‘other competent authority acting in its capacity as an investigating authority in criminal proceedings’ – Competence to order the gathering of evidence in accordance with national law – Search measures requiring the authorisation of an investigating judge – Conditions for issuing a European Investigation Order CategoriesEuropean Investigation Order Judicial CooperationRelated links |
Request Opinion (AG) Judgment |
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C-595/23
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Article 4(6) of Council Framework Decision 2002/584/JHA of 13 June 2002; (2) - Articles 22(1) and 25 of Council Framework Decision 2008/909/JHA of 27 November 2008; (3) - Articles 24, 25, 26 and 55(1) of Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018; (4) - recital 46 of Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 - potential obligation of the issuing State to delete the alert entered in the SIS and to discharge the European arrest warrant - power of the executing State to request the SIRENE Bureau of the issuing State to delete the alert from the SIS - obligation of the SIRENE Bureau to comply with that request More |
Request |
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C-583/23
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Material scope of Directive regarding the European Investigation Order in criminal matters – Concept of "investigative measure" – Service of an indictment accompanied by an order that the person be remanded in custody pending trial and make a bail payment – Additionally, order for a hearing of the accused person - Refusal of an EIO in part MoreCategoriesEuropean Investigation OrderRelated links |
Request Opinion (AG) Judgment |
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C-563/23
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Data protection and fundamental rights - inquiries in income tax evasion - request for disclosure of personal data under banking secrecy - granting procedure before court - court as "controller" within the meaning of the GDPR - supervision of data access - court as "supervisory authority - effective protection against a further breach of the security of personal data - judicial control MoreCategoriesFundamental Rights Tax Evasion Data Protection |
Request |
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C-556/23
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Directive 2010/13 on audiovisual media services, as amended by Directive 2018/1808 - nullum crimen, nulla poena sine lege certa - Article 49(1) of the Charter of Fundamental Rights of the European Union - principle of certainty - human value and dignity - broadcasting of inappropriate content The case was joined with Case C-555/23 (Makeleio) CategoriesFundamental Rights Area of Freedom, Security and JusticeRelated links |
Request |