ECJ EU Criminal/Security Law Cases Overview - eucrim

ECJ EU Criminal/Security Law Cases Overview

Case Information	Subject Matter	Stage of Proceedings
C-158/21 Party Puig Gordi and Others Type of proceeding Reference for a preliminary ruling Referring court Tribunal Supremo, Spain	Framework Decision 2002/584 on the European Arrest Warrant - Possibilities of executing authorities to refuse surrender on grounds of national law which are not provided as such in the FD - Lack of the issuing judicial authorities' jurisdiction as refusal ground - Rights of the executing authority to conduct a … More Categories European Arrest Warrant	Request
C-156/21 Party Applicant: Hungary (represented by: M.Z. Fehér and M.M. Tátrai, acting as Agents) Defendants: European Parliament and Council of the European Union Type of proceeding Action for annulment	Action brought on 11 March 2021 – Hungary v European Parliament and Council of the European Union The applicant claims that the Court should: annul Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection … More Related links Poland: Continued Update on Rule-ofLaw Developments ^News Budget Conditionality: EP Ready to Take Commission to CJEU ^News AG: Regulation on Conditionality Mechanism Is Legally Sound and Compatible with EU Treaties ^News Categories Fundamental Rights Protection of Financial Interests	Application Opinion Judgement
C-150/21 Party D.B. Type of proceeding Reference for a preliminary ruling Referring court Prokuratura Rejonowa Łódź-Bałuty, Poland	Recognition of administrative financial penalties in accordance with Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties - Appeal to the Ministry of Justice and appeal to the district court at a later stage of the proceedings Categories Financial Penalties	Request Judgement
C-105/21 Party Criminal proceedings against IR Type of proceeding Reference for a preliminary ruling Referring court Spetsializiran nakazatelen sad, Bulgaria	Procedural rights in European Arrest Warrant Proceedings - Conformity of national legislation with Union law - No efforts by the issuing judicial authority to inform a requested person of the factual and legal bases for his/her arrest and of the right to challenge the arrest warrant - Assessment of the … More Categories European Arrest Warrant Procedural Safeguards	Request
C-088/21 Party Lietuvos Respublikos vidaus reikalų ministerija Type of proceeding Reference for a preliminary ruling Referring court Lietuvos vyriausiasis administracinis teismas, Lithuania	Interpretation of Art. 39 of Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) - No longer relevant alerts - Failure of action to remove the alert by the Member States that entered the alert - obligations … More Categories Schengen	Request
C-071/21 Party KT Type of proceeding Reference for a preliminary ruling Referring court Sofiyski gradski sad, Bulgaria	Surrender Agreement between the EU and Iceland/Norway - Issuance of a new arrest warrant for the purposes of criminal prosecution in the same case against a person whose surrender has been refused by a Member State of the European Union - Possibility of a Member State, to which an arrest … More Categories Judicial Cooperation	Request
C-001/21 Party MC v Direktor na Direktsia „Obzhalvane i danachno-osiguritelna praktika“ Type of proceeding Reference for a preliminary ruling Referring court Administrativen sad Veliko Tarnovo, Bulgaria	Compatibility of national legislation with the Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests (Art. 9) - Subjective and objective limits of liability for the effective payment of VAT which are permissible pursuant to … More Categories Protection of Financial Interests Tax Evasion	Request
C-710/20 Party Criminal Proceedings against AM Type of proceeding Reference for a preliminary ruling Referring court Okresný súd Bratislava I	Ne bis in idem - amnesty and individual pardon - compliance with guarantees in Art. 47 and 50 CFR, Art. 82 TFEU - limited review by Constitutional Court - parliamentary resolution that revoked amnesty merely based on assessment of compliance with Slovak Constitution Categories Fundamental Rights Ne bis in idem	Request
C-665/20 PPU Party X Type of proceeding Reference for a preliminary ruling Referring court Rechtbank Amsterdam	European Arrest Warrant of the Local Court of Tiergarten (Germany) - interpretation of Art. 4(5) FD EAW - ne bis in idem - person finally judged in third country (here: Iran) - conditions for applying Art. 9 OLW implementing Art. 4(5) FD EAW - mutual trust in the legal order … More Related links CJEU Clarifies the Scope of the Ne Bis in Idem Principle Involving Sentences by Third Countries ^News Categories European Arrest Warrant Ne bis in idem	Request Opinion Judgement
C-648/20 PPU Party PI Type of proceeding Reference for a preliminary ruling Referring court Westminster Magistrates’ Court (United Kingdom)	Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 8(1)(c) – European arrest warrant issued by the public prosecutor’s office of a Member State for the purposes of a criminal prosecution on the … More Related links CJEU: National Arrest Decision and EAW Cannot be Issued by Public Prosecutor Alone ^News Categories European Arrest Warrant	Request Opinion Judgement
C-601/20 Party SOVIM Type of proceeding Reference for a preliminary ruling Referring court Tribunal d'arrondissement - Luxembourg	Interpretation of Directive 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing - Limit of public access to information of beneficial owners of a company - Luxembourgish "Register for Beneficial Owners" (RBO) - infringements of the right to respect … More Categories Fundamental Rights Money Laundering Data Protection	Request
C-569/20 Party IR Type of proceeding Reference for a preliminary ruling Referring court Spetsializiran nakazatelen sad, Bulgaria	Investigative measures carried out in absentia - interpretation and scope of Art. 8(2)(b) in conjunction with recitals 36 to 39 of Directive 2016/343 and Art. 4а(1)(b) in conjunction with recitals 7 to 10 of Framework Decision 2009/299 - sufficiency of legal protection under the Bulgarian Code of Criminal Procedure Categories Procedural Safeguards	Request Opinion Judgement
C-554/20 Party FU Type of proceeding Reference for a preliminary ruling Referring court Amtsgericht Kehl, Germany	Schengen Borders Code - Identity checks in the vicinity of an internal border of the Schengen area - Possibility of checks without regard to the conduct of the person concerned or the existence of special circumstances - National legal framework on the intensity, frequency and selectivity of checks. Categories Schengen Police Cooperation Procedural Safeguards	Request
C-520/20 Party DB, LY Type of proceeding Reference for a preliminary ruling Referring court Administrativen sad Silistra, Bulgaria	Question referred: Must Article 39 of Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II), and in particular Article 39(3) thereof, be interpreted as meaning that it allows national rules and administrative practices under which, if the … More Categories Schengen Judicial Cooperation Data Protection	Request Opinion
C-505/20 Party RR and JG Type of proceeding Reference for a preliminary ruling Referring court Spetsializiran nakazatelen sad, Bulgaria	Interpretation of Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union - freezing of alleged instrumentalities and alleged proceeds of a criminal offence - rights of accused and third parties Categories Financial Penalties	Request Judgement
C-486/20 Type of proceeding Reference for a preliminary ruling Referring court Ustavno sodišče Republike Slovenije	Is point 8 of Annex I to Directive (EU) 2016/681 1 compatible with Articles 7 and 8 and the first paragraph of Article 52 of the Charter of Fundamental Rights of the European Union in view of the fact that it is not clear whether it includes only the information … More Categories Human Rights Issues	Request