Reference for a preliminary ruling - Protection of personal data - Regulation (EU) 2016/679 - Article 4(2) and (7) - Concepts of ‘processing’ and ‘controller’ - Development of a mobile IT application - Article 26 - Joint control - Article 83 - Imposition of administrative fines - Conditions - Requirement that the infringement be intentional or negligent - Responsibility and liability of the controller for the processing of personal data carried out by a processor

Question referred: Must Arts. 3 (Right to information about rights) and 4 (Letter of Rights on arrest) of Directive 2012/13 and Art. 7 (Right to remain silent) of Directive 2016/343 in conjunction with Art. 48 (Presumption of innocence and right of defence) of the Charter of Fundamental Rights of the European Union be interpreted as precluding the prohibition on the national court raising of its own motion a violation of the rights of the defence as guaranteed by those directives, more specifically in so far as it is prohibited from raising of its own motion, with a view to the annulment of the procedure, a failure to give notification of the right to remain silent at the time of the arrest or a late notification of the right to remain silent?

Enforcement of intellectual property rights - Directive 2004/48/EC - Article 13 - Criminal procedure - Scope - Harm suffered by the trade mark proprietor as a constituent element of the offence - Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) - Article 61 - Charter of Fundamental Rights of the European Union - Article 51(1) - Implementation of EU law - Powers - Article 49(1) and (3) - Legality and proportionality of penalties

Content of a reference for preliminary ruling - Relationship between references for preliminary ruling and rules of national criminal procedure law on partiality / interests of conflict - National rule requiring the national criminal court to decline jurisdiction for having taken a position on the factual framework of the case in the reference for a preliminary ruling, on pain of annulment of the decision on the merits - Obligations of national courts to inform the representation of its Member State before the EU on the reference for preliminary ruling.

The case was decided by reasoned order of 25 March 2022 (available in French and Bulgarian).

Interpretation of Art. 8(1) of Directive 2012/13 on the right to information - information on grounds of detention and the criminal offence in documents accompanying the detention order - no immediate provision of information - interpretation of Art. 6(2) of Directive 2012/13 concerning the exact contents of the information on the criminal offence.

European Arrest Warrants issued by Polish authorities for the purposes of conducting criminal prosecution - right of the defendant to a tribunal established by law - applicability of the text established in LM to that right - criteria of assessment of a tribunal established by law in cross-border judicial cooperation in the EU - impossibility to specify the composition of the court after surrender - judicial reforms in Poland since 2017 - real risk of a trial involving judges appointed by the Polish KRS in 2018

European Arrest Warrants issued by Polish authorities for the purposes of executing a custodial sentence - right of the defendant to a tribunal established by law - test of assessment- judicial reforms in Poland since 2017 - real risk of a trial involving judges appointed by the Polish KRS - no effective remedy available in this Member State for any breach of the right to a tribunal established by law

See also reference C-563/21 PPU

The request for a preliminary ruling has been made by the Landesverwaltungsgericht Tirol (Austria). The complainant is a German national living in Austria who refused the police access to his mobile device after the detection of drugs. The Court of Justice is asked to interpret and clarify the interpretation of Article 15(1) of Directive 2002/58/EC in light of Articles 7, 8 and 11 and Article 52(1) of the Charter of Fundamental Rights, to determine whether EU law precludes the national rule in Paragraph 18 of the Austrian Strafprozessordnung that grants security authorities full access to digital data in the course of a criminal investigation.

PIF Convention and PIF Directive - concepts of "irregularity" and "fraud" regarding conduct which is likely, in the abstract, to favour one of the participants in a tendering procedure, even in the absence of complete proof of the conduct and of the effects of such conduct on the selection of the successful bidder - compatibility of Italian legislation with Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts regarding the grounds for execution from tender of economic operators who has attempted to influence the decision-making process of the contracting authority - interpretation of EU legislation in relation to the recovery of aid disbursed by the Member State, where it was used in accordance with its intended purpose for a project eligible for EU funding and actually implemented.

Trial in absentia - European Arrest Warrant for the purposes of enforcing a sentence of a first offence which was suspended ab initio but subsequently ordered to be enforced because of a conviction of a second offence within the probation period - Criminal proceedings that led to the conviction of the second offence as well as the enforcement order conducted in absentia - interpretation of the notion " 'trial resulting in the decision" for the purposes of Art. 4a(1) of Council Framework Decision 2002/584/JHA - violation of Art. 6 ECHR and Art. 47, 48(2) CFR due to the absence of the defendant in the second set of proceedings - consequences for the decision to surrender - lack of a right to retrial or appeal for the requested person - breach of essence of fundamental rights - delineation to Case C-571/17 …

See Case C-515/21

European Arrest Warrant issued by Polish authorities - right to a "tribunal established by law" - real risk of breach of this right - applicability of the "LM test" - impossibility of the defendant to establish the composition of the court at the moment of surrender - absence of an effective remedy to challenge the validity of the appointment of judges in Poland - consequences for surrender decision.

See also the references for preliminary rulings by the Rechtbank Amsterdam in Cases C-562/21 PPU and 563/21 PPU

Validity of the continuance of the EAW regime between Ireland and the United Kingdom considering the specific content of the protocol for Ireland in relation to measures in the Area of Freedom, Security and Justice - Irish possibility for opting-in - EU competence to bind Ireland to surrender provisions - Endangering Ireland's benefits from the retention of sovereignty in the AFSJ.

Processing of personal data and protection of privacy in the electronic communications sector - Directive 2002/58/EC - Article 15(1) - Power of Member States to restrict the scope of certain rights and obligations - Requirement of prior review by a court or independent administrative body whose decision is binding - Identity data associated with an IP address

Appeal to the judgment of the General Court in Joined Cases T-516/18 and T-525/18 - alleged infringement of Article 107 TFEU - tax rulings at issue conferred a ‘selective’ advantage in the light of the ‘narrow’ reference framework used by the Commission - discrimination between cross-border transactions and purely national transactions - legal classification of ‘selectivity’ by the General Court

The request for a preliminary ruling issued by the Oberster Gerichtshof (Supreme Court, Austria) pertains to the question as to whether or not an online social network such as Facebook can use all of the personal data obtained for the purposes of targeted advertising, without restriction as to time and without distinction as to type of data. The refering Court asked if:

1. The principle of data minimisation under Art. 5(1)(c) GDPR should mean that all personal data held by a platform may be aggregated analysed and processed for the purposes of targeted advertising without any restriction;
   
2. Art. 5(1)(b) GDPR read in conjunction with Art. 9(2)(e) GDPR should mean that a statement made by a person about their sexual orientation for the purposes of a panel discussion permits a controller to process other data concerning their sexual orientation to offer them …