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-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
C-352/22
Party

A v Generalstaatsanwaltschaft Hamm

Type of proceeding
Reference for a preliminary ruling
Referring court

Oberlandesgericht Hamm (Germany)

Interpretation of Directive 2013/32/EU (Asylum Procedures Directive) and Directive 2011/95 (Qualification Directive) - Binding effect of recognition of persons as a refugee within the meaning of the Geneva Convention on Refugees in another EU Member State for the extradition procedure in the Member States requested to extradite such person to a third country/his country of origin - Preclusion of extradition until the revocation or expiry of recognition as refugee by the other EU Member State

Categories
Fundamental Rights Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-351/22
Party

Neves 77 Solutions SRL v Agenția Națională de Administrare Fiscală

Type of proceeding
Reference for a preliminary ruling
Referring court

Tribunalul Bucureşti

principles of legal certainty and nulla poena sine lege - confiscation of the entire proceeds of a transaction - Decision 2014/512/CFSP, (1) in particular Articles 5 and 7 thereof - automatic confiscation of any proceeds resulting from a breach of the obligation to notify a transaction falling within the scope of Article 2(2)(a) of Decision 2014/512/CFSP

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Categories
Ukraine conflict Court of Justice of the European Union (CJEU) Freezing of Assets / Confiscation
Related links
Request Opinion (AG) Judgment
C-333/22
Party

Ligue des droits humains ASBL, BA v. L’organe de contrôle de l’information policière

Type of proceeding
Reference for a preliminary ruling
Referring court

Cour d’appel de Bruxelles (Belgium)

Questions referred: Do Articles 47 and 8(3) of the Charter of Fundamental Rights of the European Union require provision to be made for a judicial remedy against an independent supervisory authority such as the Supervisory Body for Police Information where it exercises the rights of the data subject vis-à-vis the controller?

Does Article 17 of Directive 2016/680 (1) comply with Articles 47 and 8(3) of the Charter of Fundamental Rights of the European Union, as interpreted by the Court of Justice, in that it obliges the supervisory authority — which exercises the rights of the data subject vis-à-vis the controller — only to inform the data subject ‘that all necessary verifications or a review by the supervisory authority have taken place’ and ‘of his or her right to seek a judicial remedy’, when such information does not enable any a …

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Categories
Data Protection
Related links
Request Opinion (AG) Judgment
T-313/22
Party

Roman Arkadyevich Abramovich

Type of proceeding
Application seeking compensation

Common foreign and security policy – Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Restriction on entry into the territory of the Member States – List of persons, entities and bodies subject to restrictions on entry into the territories of the Member States – Inclusion and maintenance of the applicant’s name on the lists – Definition of ‘leading businesspersons’ – Article 2(1)(g) of Decision 2014/145/CFSP – Obligation to state reasons – Rights of the defence – Error of assessment – Proportionality – Equal treatment – Right to property – Freedom to conduct a business – Right to private life – Application of restriction on entry to a national of a …

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Categories
Fundamental Rights Ukraine conflict
Related links
Application compensation Judgement
C-305/22
Party

C.J. (Exécution d’une condamnation à la suite d’un MAE)

Type of proceeding
Reference for a preliminary ruling
Referring court

Curtea de Apel București (Court of Appeal Bucharest, Romania)

Request for a preliminary ruling from the Court of Appeal Bucharest lodged on 6 May 2022. The questions referred relate to the interpretation of Article 4(6) EAW FD in conjunction with Articles 25 and 4(2) of Framework Decision 2008/909/JHA, and the interpretation of Articles 4(5) and 8(1)(c) EAW FD. A European arrest warrant is issued for the enforcement of final criminal decision. The executing authorities refuse to transfer the requested person and deliver their own decision recognizing the issuing authority’s final decision and enforce this decision on their own territory. The issuing authority of the final decision makes opposition to the enforcement of their final criminal decision by an executing authority.

European Arrest Warrant (EAW) - Police and judicial cooperation in criminal matters - principle of mutual recognition to decisions in criminal matters - principle ne bis in idem - …

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Categories
Area of Freedom, Security and Justice European Arrest Warrant Taking Account of Convictions Transfer of Sentenced Persons Ne bis in idem
Related links
Request Opinion (AG) Judgment
T-282/22
Party

Dmitry Arkadievich Mazepin

Type of proceeding
Action for annulment

Common foreign and security policy – Restrictive measures taken in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Inclusion of the applicant’s name on the lists of persons, entities and bodies concerned – Concept of ‘leading businessperson’ – Obligation to state reasons – Error of assessment – Proportionality

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Categories
Ukraine conflict Freezing of Assets / Confiscation
Related links
Application Judgement
C-281/22
Party

G. K. and Others

Type of proceeding
Reference for a preliminary ruling
Referring court

Oberlandesgericht Wien (Austria)

Interpretation of Art. 31(3) and Art. 32 of Regulation 2017/1939 on the establishment of the European Public Prosecutor's Office (EPPO) - Scope/extent of judicial review in the supporting Member State in the event of cross-border investigations within the EPPO regime - Taking into account the examination of the admissibility of the measure by a court in the Member State of the European Delegated Prosecutor handling the case on the basis of the law of that Member State.

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Categories
European Public Prosectutor's Office (EPPO) European Investigation Order Judicial Cooperation
Related links
Request Opinion (AG) Judgment
T-271/22
Party

Andrey Melnichenko v. Council of the European Union supported by European Commission

Type of proceeding
Action for annulment

Common foreign and security policy – Restrictive measures adopted in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion and maintenance of the applicant’s name on the list – Concept of ‘leading businessperson involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation’

Categories
Ukraine conflict Council Commission Freezing of Assets / Confiscation
Related links
Application Judgement
C-261/22
Party

Criminal proceedings against GN

Type of proceeding
Reference for a preliminary ruling
Referring court

Corte suprema di cassazione, Italy

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

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Categories
European Arrest Warrant Judicial Cooperation
Related links
Request Opinion (AG) Judgment
C-242/22 PPU
Party

TL

Type of proceeding
Reference for a preliminary ruling
Referring court

Tribunal da Relação de Évora (cour d’appel d’Évora, Portugal)

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

Categories
Procedural Safeguards
Related links
Request Opinion (AG) Judgment