ECJ EU Criminal/Security Law Cases Overview

Case Information Subject Matter Stage of Proceedings
C-281/22
Party

G. K. and Others

Type of proceeding
Reference for a preliminary ruling
Referring court

Oberlandesgericht Wien

Regulation 2017/1939 on the establishement of the European Public Prosecutor's Office (EPPO) - competence


Categories
EPPO
C-164/22
Party

Juan v Ministerio Fiscal

Type of proceeding
Reference for a preliminary ruling
Referring court

Audiencia Nacional, Spain

Interpretation of "bis in idem" in Art. 50 CFR and Art. 54 CISA - convictions in Portugal and Spain based on similar pattern of behaviour (pyramid fraud scheme) - totality principle. Compatibility of Spanish legislation on the recognition of judgments delivered in other EU Member States with Union law.


Categories
Taking Account of Convictions Ne bis in idem
Request
C-147/22
Party

Központi Nyomozó Főügyészsé

Type of proceeding
Reference for a preliminary ruling
Referring court

Fővárosi Törvényszék, Hungary

Interpretation of Art. 50 CFR and Art. 54 CISA - discontinuance of criminal proceedings by the public prosecutor in the pre-trial investigation - preclusion of the pursuit of criminal proeceedings in another Member State - possibilities of reopening the case and their compatibility with Art. 50 CFR/Art. 54 CISA.


Categories
Ne bis in idem
Request
C-061/22
Party

RL v Landeshauptstadt Wiesbaden

Type of proceeding
Reference for a preliminary ruling
Referring court

Verwaltungsgericht Wiesbaden, Germany

Compatibility of the obligation to take fingerprints and store them in identity cards in accordance with Article 3(5) of Regulation (EU) 2019/1157 with higher-ranking EU law, in particular Art. 77(3) TFEU,

Art. 7 and 8 CFR, Art. 35(10) GDPR


Categories
Data Protection
Request
C-058/22
Party

NR v Parchetul de pe lângă Curtea de Apel Craiova

Type of proceeding
Reference for a preliminary ruling
Referring court

Curtea de Apel Craiova, Romania

Interpretation of "final decision" in Art. 50 CFR - discontinuance of criminal proceedings by a public prosecutor after obtaining essential evidence in the case - preclusion of another public prosecution from being brought against the same person, for the same acts, albeit with a different legal classification


Categories
Ne bis in idem
Request
C-033/22
Party

Österreichische Datenschutzbehörde

Type of proceeding
Reference for a preliminary ruling
Referring court

Verwaltungsgerichtshof, Austria

Application of the GDPR to the processing of personal data by a national parliamentary committee of inquiry - scope of the GDPR regarding the protection of national security - competences of the supervisory authority from the GDPR


Categories
Data Protection
Request
C-027/22
Party

Volkswagen Group Italia SpA

Type of proceeding
Reference for a preliminary ruling
Referring court

Consiglio di Stato, Italy

Ne bis in idem - classification of penalties imposed for unfair commercial practices as criminal administrative penalties - interpretation of Art. 50 of the Charter - criminal conviction handed down in another Member State for the same acts and against the same party to which the administrative penalty applies - …

More

Categories
Fundamental Rights Ne bis in idem
Request
C-804/21 PPU
Party

C, CD, Other party: Syyttäjä

Type of proceeding
Reference for a preliminary ruling
Referring court

Korkein oikeus (Supreme Court, Finland

European Arrest Warrant - Time limit for surrender – Impossibility of surrender due to force majeure – Competence to determine whether a situation of force majeure exists – Expiry of the time limit for surrender – COVID-19 – Application for asylum


Categories
European Arrest Warrant
Request Opinion Judgement
C-609/21
Party

Criminal proceedings against IP and others

Type of proceeding
Reference for a preliminary ruling
Referring court

Spetsializiran nakazatelen sad (Specialised Criminal Court), Bulgaria

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 …

More

Categories
Schengen Procedural Safeguards
C-563/21 PPU
Party

Y v. Openbaar Ministerie

Type of proceeding
Reference for a preliminary ruling
Referring court

Rechtbank Amsterdam (Netherlands)

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 …

More

Categories
Fundamental Rights European Arrest Warrant
Request
C-562/21 PPU
Party

X v. Openbaar Ministerie

Type of proceeding
Reference for a preliminary ruling
Referring court

Rechtbank Amsterdam (Netherlands)

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 - …

More

Related links

Categories
Fundamental Rights European Arrest Warrant
Request Opinion Judgement
C-515/21
Party

The Minister for Justice and Equality v. PH

Type of proceeding
Reference for a preliminary ruling
Referring court

Court of Appeal, Ireland

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 …

More

Categories
Fundamental Rights European Arrest Warrant Procedural Safeguards
Request
C-514/21
Party

The Minister for Justice and Equality v. LU

Type of proceeding
Reference for a preliminary ruling
Referring court

Court of Appeal, Ireland

See Case C-515/21


Categories
Fundamental Rights European Arrest Warrant Procedural Safeguards
Request
C-480/21
Party

The Minister for Justice and Equality v. WO and JL

Type of proceeding
Reference for a preliminary ruling
Referring court

Irish Supreme Court

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 …

More

Categories
Fundamental Rights European Arrest Warrant
Request
C-479/21 PPU
Party

Governor of Cloverhill Prison, Ireland, and others

Type of proceeding
Reference for a preliminary ruling
Referring court

Supreme Court of Ireland

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 - …

More

Related links

Categories
Area of Freedom, Security and Justice European Arrest Warrant
Request Opinion Judgement
C-430/21
Party

RS

Type of proceeding
Reference for a preliminary ruling
Referring court

Curtea de Apel Craiova, Romania

References for preliminary ruling - Primacy of EU law – Lack of jurisdiction of a national court to examine the conformity with EU law of national legislation found to be constitutional by the constitutional court of the Member State concerned – Disciplinary proceedings


Related links

Categories
Fundamental Rights Rule of Law
Request Opinion Judgement