ECJ EU Criminal Law Cases Overview - eucrim

ECJ EU Criminal Law Cases Overview

Case Information	Subject Matter	Stage of Proceedings
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
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
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
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
C-454/20 Party Criminal proceedings against AZ Type of proceeding Reference for a preliminary ruling Referring court Rayonen sad Lukovit, Bulgaria	Principle of legality of criminal offences and penalties - National legislation that provides for both administrative and criminal liability for the same act (driving a motor vehicle that is not duly registered) - Proportionality of penalties within the meaning of Art. 49(3) of the Charter of Fundamental Rights of the … More Categories Ne bis in idem Procedural Safeguards	Request
C-420/20 Party Criminal proceedings against HN Type of proceeding Reference for a preliminary ruling Referring court Sofiyski rayonen sad, Bulgaria	Interpretation of Art. 8(1) of Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings - Relationship between a ban under … More Categories Procedural Safeguards	Request
C-416/20 PPU Party TR v Generalstaatsanwaltschaft Hamburg Type of proceeding Reference for a preliminary ruling Referring court Hanseatisches Oberlandesgericht Hamburg (Higher Regional Court of Hamburg)	Refusal of a European Arrest Warrant for trials in absentia - non-compliance with Art. 8 and 9 of Directive 343/2016 in the issuing Member State - obligations to execute EAWs - flight of the requested person - examination of in absentia constellations - Art. 4a FD EAW as facultative refusal … More Related links Summary of the judgment in eucrim ^News CJEU judgment in Tupikas C-270/17 PPU ^News Categories European Arrest Warrant	Request Opinion Judgement
C-414/20 Party MM Type of proceeding Reference for a preliminary ruling Referring court Spetsializiran nakazatelen sad (Specialised Criminal Court, Bulgaria)	Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Surrender procedures between Member States – Article 6(1) and Article 8(1)(c) – European arrest warrant issued on the basis of a national measure putting a … More Related links CJEU: Consequences of Invalid EAWs for Pre-Trial Detention in the Issuing State ^News Categories European Arrest Warrant	Request Opinion Judgement
C-368/20 Party Appellant: NW Respondent authority: Landespolizeidirektion Steiermark Type of proceeding Reference for a preliminary ruling Referring court Landesverwaltungsgericht Steiermark (Austria)	Does EU law preclude domestic legislation in the form of consecutive domestic decrees prolonging border control which, cumulatively, allow for the reintroduction of border control for a period which exceeds the two-year time limit laid down in Article 25 and Article 29 of Regulation (EU) 2016/399 1 without a corresponding … More Related links AG: Reintroduction of Internal Border Checks for Longer than Six Months ^News Categories Schengen	Request Opinion
C-354/20 PPU Party L (C‑354/20 PPU), P (C‑412/20 PPU Type of proceeding Reference for a preliminary ruling Referring court Rechtbank Amsterdam	Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 6(1) – Surrender procedures between Member States – Conditions for execution – Charter of Fundamental Rights of the European … More Related links LM Summary: CJEU: Refusal of EAW in Case of Fair Trial Infringements Possible as Exception ^News Eucrim News: Fair Trial Concerns - German Court Suspends Execution of Polish EAW ^News Categories European Arrest Warrant	Request Opinion Judgement
C-338/20 Party Prokuratura Rejonowa Łódź-Bałuty v D.P. Type of proceeding Reference for a preliminary ruling Referring court Sąd Rejonowy dla Łodzi-Śródmieścia w Łodzi	Does the service on a sentenced person of a decision imposing a financial penalty, without providing a translation into a language which the addressee understands, entitle the authority of the enforcing State to refuse to enforce the decision on the basis of the provisions implementing Article 20(3) of Framework Decision … More Related links CJEU: Lack of Translation Can Be Refusal Ground to Execute Financial Penalty ^News Categories Financial Penalties Procedural Safeguards	Request Opinion Judgement
C-282/20 Party Criminal proceedings against ZX Type of proceeding Reference for a preliminary ruling Referring court Spetsializiran nakazatelen sad, Bulgaria	Compatibility of national criminal procedure law with Art. 6(3) of Directive 2012/13 on the right to information in criminal proceedings and Art. 47 CFR - Lack of a procedural rule for the rectification, after completion of the first hearing in criminal proceedings (preliminary hearing), of substantive ambiguities and shortcomings in … More Categories Procedural Safeguards	Request Judgement
C-222/20 Type of proceeding Reference for a preliminary ruling Referring court Verwaltungsgericht Wiesbaden	Are Article 21 and Article 67(2) TFEU to be interpreted as meaning that they preclude national legislation (in this case, Paragraph 2(3) of the Gesetz über die Verarbeitung von Fluggastdaten zur Umsetzung der Richtlinie (EU) 2016/681 of 6 June 2017 (Law on the Processing of Passenger Name Record (PNR) Data … More Related links German Court Asks CJEU about Compatibility of PNR Legislation ^News Categories Law Enforcement Cooperation Data Protection	Request