Reference for preliminary ruling in EncroChat case - Judicial cooperation in criminal matters – Interpretation of Directive 2014/41/EU on the European Investigation Order in criminal matters – Concept of "issuing authority" – Spying on and transmitting traffic, location, and communication data of an internet-based communications service provider from France to Germany – Mobile phones equipped with encryption software – Illicit trafficking in substantial quantities of narcotic drugs – Use of evidence in criminal proceedings

The applicants seek the annulment of Article 1, point 4, of Council Regulation (EU) 2022/1273 of 21 July 2022 amending Regulation (EU) No 269/2014 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 – List of persons, entities and bodies subject to the freezing of funds and economic resources – Action for annulment – Locus standi – Direct concern

The applicants seek the annulment of Council Regulation (EU) 2022/1273 of 21 July 2022 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine. They claimed that such measures should be within the powers of EU Member States, not the EU Council. Specifically, they contended that the obligations amounted to a misuse of power and should not be regarded as necessary for implementing decisions under the Common Foreign and Security Policy (CFSP).

Common foreign and security policy – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Action for annulment – Locus standi – Direct concern

The Court of Justice is asked to clarify if Council Directive 2018/822 as regards mandatory automatic exchange of information in the field of taxation infringes Article 6(3) of the Treaty of the European Union and Articles 20 and 21 ECHR by not limiting the reporting obligation in respect of cross-border arrangements to corporation tax, but makes it applicable to all taxes falling within the scope of Council Directive 2011/16/EU on administrative cooperation in the field of taxation, which include under Belgian law not only corporation tax, but also direct taxes.

principle of legality in criminal matters - general principle of legal certainty - right to respect for private life

Interpretation of Union law in the area of procedural guarantees for children in criminal proceedings with regard to the right to defense counsel and the obligations to provide information incumbent on the prosecuting authorities - Compatibility of provisions of national law with Union law - Right or obligation to disregard national provisions that are incompatible with directives - Possibility, right or duty to exclude evidence obtained in breach of provisions of directives in criminal proceedings - Duties of the public prosecutor in connection with effective judicial protection - Compatibility with Union law of provisions empowering the Minister for Justice to issue binding instructions to public prosecutors and to order the suspension of a judge from the performance of his duties - Art. 267 of the Treaty on the Functioning of the European Union.

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

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

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

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.

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

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

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

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.

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

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).

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