ECJ EU Criminal/Security Law Cases Overview - eucrim

ECJ EU Criminal/Security Law Cases Overview

Case Information	Subject Matter	Stage of Proceedings
C-107/23 PPU Party C.I., C.O., K.A., L.N., S.P. Type of proceeding Reference for a preliminary ruling Referring court Curtea de Apel Brașov (Romania)	Reference for a preliminary ruling – Protection of the financial interests of the European Union – Article 325(1) TFEU – PFI Convention – Article 2(1) – Obligation to counter fraud affecting the financial interests of the European Union by taking effective deterrent measures – Obligation to provide for criminal penalties … More	Request Opinion Judgement
C-814/22 Party R.I. v Inspecția Judiciară, N.L. Type of proceeding Reference for a preliminary ruling Referring court Curtea de Apel București (Romania)	Effective judicial protection - Independence of the judiciary - Disciplinary investigation and proceedings - Inspecţia Judiciară (Judicial Inspectorate) - Powers of a chief inspector - Handling of disciplinary proceedings against a chief inspector - Function of a deputy chief inspector Categories Corruption
C-730/22 Party LG & Others v Commission Type of proceeding Action for annulment	Investigations conducted by the European Anti-Fraud Office (OLAF) - Article 9(4) of Regulation 883/2013, as amended by Regulation 2020/2223 - Not providing suspects with reasonably detailed and clear fact statements and an additional opportunity to comment on such statements Related links Official Publication of Action Categories OLAF Procedural Safeguards
C-670/22 Party M.N. v Staatsanwaltschaft Berlin Type of proceeding Reference for a preliminary ruling Referring court Landgericht Berlin (Regional Court of Berlin, Germany)	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 … More Related links Report of the reference for preliminary ruling by the LG Berlin in eucrim: EncroChat Turns into a Case for the CJEU ^News Germany: Federal Court of Justice Confirms Use of Evidence in EncroChat Cases ^News Dismantled Encryption Networks: German Courts Confirmed Use of Evidence from EncroChat Surveillance ^News Categories Organised Crime European Investigation Order Judicial Cooperation Police Cooperation Procedural Safeguards	Request
C-603/22 Party M.S., J.W., M.P. Type of proceeding Reference for a preliminary ruling Referring court Sąd Rejonowy w Słupsku, Poland	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 … More Categories Procedural Safeguards	Request
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 – … More Categories Area of Freedom, Security and Justice Judicial Cooperation Police Cooperation	Request Opinion Judgement
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 Related links EDPS Action for Annulment against Parts of New Europol Regulation Categories European Data Protection Supervisor (EDPS) Europol Police Cooperation Data Protection
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 … More Categories Judicial Cooperation Procedural Safeguards	Request Opinion Judgement
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 … More Categories Procedural Safeguards	Request
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 … More Related links See also Case C-505/19 (WS) ^{Procedure page} Summary of the Case in eucrim: CJEU: EU’s Double Jeopardy Ban also Applies to Non-EU Citizens and Blocks Extradition to Third Countries ^News Categories Judicial Cooperation Ne bis in idem	Request Opinion Judgement
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 … More Categories Procedural Safeguards	Request
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 … More Categories Procedural Safeguards	Request Judgement
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. … More Categories European Arrest Warrant	Request
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	Appeal Opinion
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 … More Related links Underlying decision of the German Federal Constitutional Court in this case Categories Fundamental Rights Judicial Cooperation	Request
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 … More Categories Data Protection	Request Opinion