Court cases
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Court of Justice of the European Union · CELEX 62024TO0500
Order of the President of the General Court of 20 December 2024.#Asociación de investigación para la industria del calzado y conexas (Inescop) v European Commission.#Interim relief – Research and technological development – Contract concluded in the context of the 7th Research Framework Programme (FP7) – Grant agreements for the DES MOLD, Sohealthy and Pilot APB Projects – Application for suspension of operation of a measure – Lack of any urgency.#Case T-500/24 R.20 December 2024
Court of Justice of the European Union · CELEX 62024TO0500_INF
Order of the President of the General Court of 20 December 2024.#Asociación de investigación para la industria del calzado y conexas (Inescop) v European Commission.#Interim relief – Research and technological development – Contract concluded in the context of the 7th Research Framework Programme (FP7) – Grant agreements for the DES MOLD, Sohealthy and Pilot APB Projects – Application for suspension of operation of a measure – Lack of any urgency.#Case T-500/24 R.20 December 2024
Court of Justice of the European Union · CELEX 62023CJ0369_SUM
Judgment of the Court (Fourth Chamber) of 19 December 2024.#'Vivacom Bulgaria' EAD v Varhoven administrativen sad and Natsionalna agentsia za prihodite.#Reference for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Effective legal protection in the fields covered by EU law – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Access to an independent and impartial tribunal – Liability of a Member State for damage caused to individuals by an infringement of EU law – Infringement by a national court adjudicating at last instance in relation to value added tax (VAT) – Jurisdiction of a court adjudicating at last instance while having the capacity of defendant in the dispute – Composition of the adjudicating panel.#Case C-369/23.19 December 2024
Court of Justice of the European Union · CELEX 62023CJ0065_SUM
Judgment of the Court (Eighth Chamber) of 19 December 2024.#MK v K GmbH.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 88(1) and (2) – Processing in the context of employment – Employees’ personal data – More specific rules provided for by a Member State pursuant to that Article 88 – Obligation to comply with Article 5, Article 6(1) and Article 9(1) and (2) of that regulation – Processing on the basis of a collective agreement – Margin of discretion of the parties to the collective agreement as regards the necessity of the processing of personal data provided for by that agreement – Scope of judicial review.#Case C-65/23.19 December 2024
Court of Justice of the European Union · CELEX 62023CJ0591_SUM
Judgment of the Court (Ninth Chamber) of 19 December 2024.#ZCC Europe GmbH v Hauptzollamt Düsseldorf.#Reference for a preliminary ruling – Customs union – Common Customs Tariff – Combined Nomenclature – Tariff classification – Headings 8113 and 8209 – Hard metal sticks made of cermets – Implementing Regulation (EU) 2021/910 – Validity – Classification criteria.#Case C-591/23.19 December 2024
Court of Justice of the European Union · CELEX 62023CJ0531_SUM
Judgment of the Court (Seventh Chamber) of 19 December 2024.#HJ v US and MU.#Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Organisation of working time – Daily and weekly rest – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Articles 3, 5, 6, 16, 17, 19 and 22 – Requirement to establish a system enabling the duration of time worked by domestic workers to be measured – Derogation – National legislation exempting domestic workers from the obligation to record actual time worked.#Case C-531/23.19 December 2024
Court of Justice of the European Union · CELEX 62023CJ0596_SUM
Judgment of the Court (Fourth Chamber) of 19 December 2024.#Proceedings brought by B UG.#Reference for a preliminary ruling – Excise duties – Directive 2008/118/EC – Article 36(1) – Online purchase of excise goods in another Member State – Transport by a transporter recommended by the vendor – National rules regarding the vendor as liable for the excise duties chargeable in the Member State of destination.#Case C-596/23.19 December 2024
Court of Justice of the European Union · CELEX 62023CJ0392_SUM
Judgment of the Court (Eighth Chamber) of 19 December 2024.#Rustrans SRL v Ministerul Agriculturii şi Dezvoltării Rurale - Direcţia Generală Pescuit - Autoritatea de Management pentru POPAM.#Reference for a preliminary ruling – Common fisheries policy – European Maritime and Fisheries Fund (EMFF) – Regulation (EU) No 1303/2013 – Article 69 – Concept of ‘eligible expenditure’ – Articles 4 and 125 – Regulation (EU) No 508/2014 – Article 48(1)(c) – Modernisation of an aquaculture unit – Regulation (EU, Euratom) 2018/1046 – Article 33 – Principle of sound financial management – Contribution in kind in the form of land and buildings located on that land – Direct link between the contribution in kind and the operation financed.#Case C-392/23.19 December 2024
Court of Justice of the European Union · CELEX 62023CJ0664_SUM
Judgment of the Court (Fifth Chamber) of 19 December 2024.#Caisse d’allocations familiales des Hauts-de-Seine v TX.#Reference for a preliminary ruling – Directive 2011/98/EU – Rights of third-country workers who hold a single permit – Article 12 – Right to equal treatment – Social security – National legislation determining entitlements to family benefits – Legislation excluding the taking into account of the minor children of the single permit holder for lack of evidence that they have entered the national territory lawfully.#Case C-664/23.19 December 2024
Court of Justice of the European Union · CELEX 62020CO0541(01)
Rectification order of 19 December 2024.#Republic of Lithuania and Others v European Parliament and Council of the European Union.#Rectification of judgment.#Joined Cases C-541/20 to C-555/20.19 December 2024
Court of Justice of the European Union · CELEX 62024CJ0244_RES
Judgment of the Court (Grand Chamber) of 19 December 2024.#P and Others v Staatssecretaris van Justitie en Veiligheid.#Reference for a preliminary ruling – Asylum policy – Temporary protection in the event of a mass influx of displaced person – Directive 2001/55/EC – Articles 4 and 7 – Invasion of Ukraine by Russian armed forces – Implementing Decision (EU) 2022/382 – Article 2(3) – Option for a Member State to grant temporary protection to displaced persons who are not referred to in that decision – Point in time when a Member State that has granted such persons temporary protection may terminate that protection – Return of illegally staying third-country nationals – Directive 2008/115/EC – Article 6 – Return decision – Point in time when a Member State may issue a return decision – Illegal stay.#Joined Cases C-244/24 and C-290/24.19 December 2024
Court of Justice of the European Union · CELEX 62022CJ0573
Judgment of the Court (Fifth Chamber) of 19 December 2024.#A and Others v Skatteministeriet.#Request for a preliminary ruling from the Østre Landsret.#Reference for a preliminary ruling – Common system of value added tax – Directive 2006/112/EC – Article 370 – Point 2 of Part A of Annex X – Derogation – Scope – Activities of a public radio and television body financed by a compulsory fee paid by the owners of devices capable of receiving radio and television broadcasts.#Case C-573/22.19 December 2024
Court of Justice of the European Union · CELEX 62023CJ0531
Judgment of the Court (Seventh Chamber) of 19 December 2024.#HJ v US and MU.#Request for a preliminary ruling from the Tribunal Superior de Justicia del País Vasco.#Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Organisation of working time – Daily and weekly rest – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Articles 3, 5, 6, 16, 17, 19 and 22 – Requirement to establish a system enabling the duration of time worked by domestic workers to be measured – Derogation – National legislation exempting domestic workers from the obligation to record actual time worked.#Case C-531/23.19 December 2024
Court of Justice of the European Union · CELEX 62024CJ0244
Judgment of the Court (Grand Chamber) of 19 December 2024.#P and Others v Staatssecretaris van Justitie en Veiligheid.#Reference for a preliminary ruling – Asylum policy – Temporary protection in the event of a mass influx of displaced persons – Directive 2001/55/EC – Articles 4 and 7 – Invasion of Ukraine by Russian armed forces – Implementing Decision (EU) 2022/382 – Article 2(3) – Option for a Member State to apply temporary protection to displaced persons not covered by that decision – Point in time when a Member State which has granted temporary protection to such persons may terminate that protection – Return of illegally staying third-country nationals – Directive 2008/115/EC – Article 6 – Return decision – Point in time when a Member State may adopt a return decision – Illegal stay.#Joined Cases C-244/24 and C-290/24.19 December 2024
Court of Justice of the European Union · CELEX 62023CJ0601
Judgment of the Court (Sixth Chamber) of 19 December 2024.#Credit Suisse Securities (Europe) Ltd v Diputación Foral de Bizkaia.#Request for a preliminary ruling from the Tribunal Superior de Justicia del País Vasco.#Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Taxation – Taxation of dividends – Withholding tax – Reimbursement of withholding tax, granted to resident dividend recipients that are loss-making at the end of the tax year in which the dividends are received – No reimbursement of the withholding tax to non-resident dividend recipients – Difference in treatment – Restriction – Comparability – Justification.#Case C-601/23.19 December 2024
Court of Justice of the European Union · CELEX 62024CJ0185
Judgment of the Court (Second Chamber) of 19 December 2024.#RL and QS v Bundesrepublik Deutschland.#Requests for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen.#Reference for a preliminary ruling – Asylum policy – Regulation (EU) No 604/2013 – Article 3(2) – Transfer of the asylum seeker to the Member State responsible for examining the application for international protection – Article 4 of the Charter of Fundamental Rights of the European Union – Risk of inhuman or degrading treatment – Evidence and standard of proof of the real risk of inhuman or degrading treatment, resulting from systemic flaws in the asylum procedure and in the reception conditions for applicants in the Member State responsible – Suspension, by the Member State responsible, of the taking charge of and taking back of asylum seekers.#Joined Cases C-185/24 and C-189/24.19 December 2024
Court of Justice of the European Union · CELEX 62023CJ0295_RES
Judgment of the Court (Grand Chamber) of 19 December 2024.#Halmer Rechtsanwaltsgesellschaft UG v Rechtsanwaltskammer München.#Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Article 63 TFEU – Free movement of capital – Establishing the applicable freedom – Services in the internal market – Directive 2006/123/EC – Article 15 – Requirements which relate to the shareholding of a company – A purely financial investor’s holding in a law firm – Revocation of that law firm’s registration with the professional body on account of that holding – Restriction on freedom of establishment and on the free movement of capital – Justifications based on protecting the independence of lawyers and recipients of legal services – Necessity – Proportionality.#Case C-295/23.19 December 2024
Court of Justice of the European Union · CELEX 62023CJ0369
Judgment of the Court (Fourth Chamber) of 19 December 2024.#'Vivacom Bulgaria' EAD v Varhoven administrativen sad and Natsionalna agentsia za prihodite.#Request for a preliminary ruling from the Varhoven administrativen sad.#Reference for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Effective legal protection in the fields covered by EU law – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Access to an independent and impartial tribunal – Liability of a Member State for damage caused to individuals by an infringement of EU law – Infringement by a national court adjudicating at last instance in relation to value added tax (VAT) – Jurisdiction of a court adjudicating at last instance while having the capacity of defendant in the dispute – Composition of the adjudicating panel.#Case C-369/23.19 December 2024
Court of Justice of the European Union · CELEX 62023CJ0295
Judgment of the Court (Grand Chamber) of 19 December 2024.#Halmer Rechtsanwaltsgesellschaft UG v Rechtsanwaltskammer München.#Request for a preliminary ruling from the Bayerischer Anwaltsgerichtshof.#Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Article 63 TFEU – Free movement of capital – Establishing the applicable freedom – Services in the internal market – Directive 2006/123/EC – Article 15 – Requirements which relate to the shareholding of a company – A purely financial investor’s holding in a law firm – Revocation of that law firm’s registration with the professional body on account of that holding – Restriction on freedom of establishment and on the free movement of capital – Justifications based on protecting the independence of lawyers and recipients of legal services – Necessity – Proportionality.#Case C-295/23.19 December 2024
Court of Justice of the European Union · CELEX 62023CJ0123
Judgment of the Court (Fifth Chamber) of 19 December 2024.#N. A. K. and Others v Bundesrepublik Deutschland.#Requests for a preliminary ruling from the Verwaltungsgericht Minden.#Reference for a preliminary ruling – Area of freedom, security and justice – Border controls, asylum and immigration – Asylum policy – Directive 2013/32/EU – Common procedures for granting and withdrawing international protection – Application for international protection – Grounds for inadmissibility – Article 2(q) – Concept of ‘subsequent application’ – Article 33(2)(d) – Rejection of an application for international protection as inadmissible by a Member State due to the rejection of a previous application made in another Member State or the discontinuation of the procedure by another Member State in respect of the previous application.#Joined Cases C-123/23 and C-202/23.19 December 2024
Court of Justice of the European Union · CELEX 62023CJ0157
Judgment of the Court (Fifth Chamber) of 19 December 2024.#Ford Italia SpA v ZP and Stracciari SpA.#Request for a preliminary ruling from the Corte suprema di cassazione.#Reference for a preliminary ruling – Approximation of laws – Liability for defective products – Directive 85/374/EEC – Article 3(1) – Concept of ‘producer’ – Concept of a ‘person who … presents him[- or her]self as … [a] producer’ – Conditions – Supplier whose name is the same in part as that of the producer and as the trade mark put on the product by the producer.#Case C-157/23.19 December 2024
Court of Justice of the European Union · CELEX 62023CJ0157_RES
Judgment of the Court (Fifth Chamber) of 19 December 2024.#Ford Italia SpA v ZP and Stracciari SpA.#Reference for a preliminary ruling – Approximation of laws – Liability for defective products – Directive 85/374/EEC – Article 3(1) – Concept of ‘producer’ – Concept of a ‘person who … presents him[- or her]self as … [a] producer’ – Conditions – Supplier whose name is the same in part as that of the producer and as the trade mark put on the product by the producer.#Case C-157/23.19 December 2024
Court of Justice of the European Union · CELEX 62022CJ0119_SUM
Judgment of the Court (Third Chamber) of 19 December 2024.#Teva BV and Teva Finland Oy v Merck Sharp & Dohme LLC and Merck Sharp & Dohme LLC v Clonmel Healthcare Limited.#Reference for a preliminary ruling – Medicinal products for human use – Supplementary protection certificate (SPC) – Regulation (EC) No 469/2009 – Conditions for obtaining an SPC for medicinal products – Article 3(a) – Concept of ‘product protected by a basic patent in force’ – Article 3(c) – Concept of ‘product the subject of an SPC’ – Criteria for assessment.#Joined Cases C-119/22 and C-149/22.19 December 2024
Court of Justice of the European Union · CELEX 62023CJ0664
Judgment of the Court (Fifth Chamber) of 19 December 2024.#Caisse d’allocations familiales des Hauts-de-Seine v TX.#Request for a preliminary ruling from the Cour d'appel de Versailles.#Reference for a preliminary ruling – Directive 2011/98/EU – Rights of third-country workers who hold a single permit – Article 12 – Right to equal treatment – Social security – National legislation determining entitlements to family benefits – Legislation excluding the taking into account of the minor children of the single permit holder for lack of evidence that they have entered the national territory lawfully.#Case C-664/23.19 December 2024
Court of Justice of the European Union · CELEX 62023CJ0591
Judgment of the Court (Ninth Chamber) of 19 December 2024.#ZCC Europe GmbH v Hauptzollamt Düsseldorf.#Request for a preliminary ruling from the Finanzgericht Düsseldorf.#Reference for a preliminary ruling – Customs union – Common Customs Tariff – Combined Nomenclature – Tariff classification – Headings 8113 and 8209 – Hard metal sticks made of cermets – Implementing Regulation (EU) 2021/910 – Validity – Classification criteria.#Case C-591/23.19 December 2024
Court of Justice of the European Union · CELEX 62023CJ0596
Judgment of the Court (Fourth Chamber) of 19 December 2024.#Proceedings brought by B UG.#Request for a preliminary ruling from the Helsingin hallinto-oikeus.#Reference for a preliminary ruling – Excise duties – Directive 2008/118/EC – Article 36(1) – Online purchase of excise goods in another Member State – Transport by a transporter recommended by the vendor – National rules regarding the vendor as liable for the excise duties chargeable in the Member State of destination.#Case C-596/23.19 December 2024
Court of Justice of the European Union · CELEX 62023CJ0392
Judgment of the Court (Eighth Chamber) of 19 December 2024.#Rustrans SRL v Ministerul Agriculturii şi Dezvoltării Rurale - Direcţia Generală Pescuit - Autoritatea de Management pentru POPAM.#Request for a preliminary ruling from the Curtea de Apel Bacău.#Reference for a preliminary ruling – Common fisheries policy – European Maritime and Fisheries Fund (EMFF) – Regulation (EU) No 1303/2013 – Article 69 – Concept of ‘eligible expenditure’ – Articles 4 and 125 – Regulation (EU) No 508/2014 – Article 48(1)(c) – Modernisation of an aquaculture unit – Regulation (EU, Euratom) 2018/1046 – Article 33 – Principle of sound financial management – Contribution in kind in the form of land and buildings located on that land – Direct link between the contribution in kind and the operation financed.#Case C-392/23.19 December 2024
Court of Justice of the European Union · CELEX 62022CJ0119
Judgment of the Court (Third Chamber) of 19 December 2024.#Teva BV and Teva Finland Oy v Merck Sharp & Dohme LLC and Merck Sharp & Dohme LLC v Clonmel Healthcare Limited.#Requests for a preliminary ruling from the Markkinaoikeus and the Supreme Court (Ireland).#Reference for a preliminary ruling – Medicinal products for human use – Supplementary protection certificate (SPC) – Regulation (EC) No 469/2009 – Conditions for obtaining an SPC for medicinal products – Article 3(a) – Concept of ‘product protected by a basic patent in force’ – Article 3(c) – Concept of ‘product the subject of an SPC’ – Criteria for assessment.#Joined Cases C-119/22 and C-149/22.19 December 2024
Court of Justice of the European Union · CELEX 62023TO0158
Ordonnance de rectification du 19 décembre 2024.#Jean-Marc Colombani contre Service européen pour l'action extérieure.#Rectification.#Affaire T-158/23.19 December 2024
Court of Justice of the European Union · CELEX 62023CJ0065
Judgment of the Court (Eighth Chamber) of 19 December 2024.#MK v K GmbH.#Request for a preliminary ruling from the Bundesarbeitsgericht.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 88(1) and (2) – Processing in the context of employment – Employees’ personal data – More specific rules provided for by a Member State pursuant to that Article 88 – Obligation to comply with Article 5, Article 6(1) and Article 9(1) and (2) of that regulation – Processing on the basis of a collective agreement – Margin of discretion of the parties to the collective agreement as regards the necessity of the processing of personal data provided for by that agreement – Scope of judicial review.#Case C-65/23.19 December 2024
Court of Justice of the European Union · CELEX 62023CJ0123_RES
Judgment of the Court (Fifth Chamber) of 19 December 2024.#N. A. K. and Others v Bundesrepublik Deutschland.#Reference for a preliminary ruling – Area of freedom, security and justice – Border controls, asylum and immigration – Asylum policy – Directive 2013/32/EU – Common procedures for granting and withdrawing international protection – Application for international protection – Grounds for inadmissibility – Article 2(q) – Concept of ‘subsequent application’ – Article 33(2)(d) – Rejection by a Member State of an application for international protection as inadmissible due to the rejection of a previous application made in another Member State or the discontinuation of the procedure by another Member State in respect of the previous application.#Joined Cases C-123/23 and C-202/23.19 December 2024
Court of Justice of the European Union · CELEX 62022CJ0717
Judgment of the Court (Third Chamber) of 19 December 2024.#„SISTEM LUX“ OOD and VU v Teritorialna direktsia Mitnitsa Burgas.#Requests for a preliminary ruling from the Rayonen sad Svilengrad and Administrativen sad - Haskovo.#Reference for a preliminary ruling – Customs union – Regulation (EU) No 952/2013 – Union Customs Code – Article 15 – Provision of information to the customs authorities – Failure to comply with the customs legislation – Article 42 – Effective, proportionate and dissuasive penalties – Framework Decision 2005/212/JHA – Confiscation of crime-related proceeds, instrumentalities and property – Articles 2(1) – Confiscation – National provision providing for the imposition of a fine of between 100% and 200% of the customs value of the goods and confiscation thereof irrespective of the owner.#Joined Cases C-717/22 and C-372/23.19 December 2024
Court of Justice of the European Union · CELEX 62022CJ0717_SUM
Judgment of the Court (Third Chamber) of 19 December 2024.#„SISTEM LUX“ OOD and VU v Teritorialna direktsia Mitnitsa Burgas and Teritorialna direktsia Mitnitsa Burgas kam Agentsia „Mitnitsi“.#Reference for a preliminary ruling – Customs union – Regulation (EU) No 952/2013 – Union Customs Code – Article 15 – Provision of information to the customs authorities – Failure to comply with the customs legislation – Article 42 – Effective, proportionate and dissuasive penalties – Framework Decision 2005/212/JHA – Confiscation of crime-related proceeds, instrumentalities and property – Articles 2(1) – Confiscation – National provision providing for the imposition of a fine of between 100% and 200% of the customs value of the goods and confiscation thereof irrespective of the owner.#Joined Cases C-717/22 and C-372/23.19 December 2024
Court of Justice of the European Union · CELEX 62023TJ0270_INF
Judgment of the General Court (First Chamber) of 18 December 2024.#Rosbank PAO v Council of the European Union.#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 – Inclusion and maintenance of the applicant’s name on the list – Concept of “legal persons, entities or bodies involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation” – Article 2(1)(g) of Decision 2014/145/CFSP – Article 3(1)(g) of Regulation (EU) No 269/2014 – Plea of illegality – Obligation to state reasons – Error of assessment – Misuse of powers – Proportionality – Right to property – Principle of non-discrimination – Equality of treatment.#Case T-270/23.18 December 2024
Court of Justice of the European Union · CELEX 62023TJ0134_INF
Judgment of the General Court (Third Chamber) of 18 December 2024.#Institut Jožef Stefan v European Commission.#Award of grants in the field of defence – EDF – Funding of research actions – Call for proposals EDF‑2021-MCBRN-R – Rejection of the applicant’s proposal on account of non-compliance with the admissibility conditions and criteria – Obligation to state reasons – Principle of sound administration – Right to be heard – Error of assessment.#Case T-134/23.18 December 2024
Court of Justice of the European Union · CELEX 62023TJ0275_INF
Judgment of the General Court (First Chamber) of 18 December 2024.#Tinkoff Bank SA v Council of the European Union.#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 lists – Concept of ‘legal persons, entities or bodies involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation’ – Article 2(1)(g) of Decision 2014/145/CFSP – Article 3(1)(g) of Regulation (EU) No 269/2014 – Plea of illegality – Obligation to state reasons – Error of assessment – Misuse of powers – Proportionality – Right to property – Principle of non-discrimination – Equality of treatment.#Case T-275/23.18 December 2024
Court of Justice of the European Union · CELEX 62023TJ0493_INF
Judgment of the General Court (Fifth Chamber) of 18 December 2024.#Marina Tauber v Council of the European Union.#Common Foreign and Security Policy – Restrictive measures taken in view of actions destabilising Moldova – Freezing of funds – Restrictions on entry into the territories of the Member States – Lists of persons, entities and bodies subject to the freezing of funds and to restrictions on entry into the territories of the Member States – Inclusion and maintenance of the applicant’s name on the lists – Planning and directing violent demonstrations – Article 1(1)(a)(ii) and Article 2(1)(a)(ii) of Decision (CFSP) 2023/891 and Article 2(3)(a)(ii) of Regulation (EU) 2023/888 – Obligation to state reasons – Plea of illegality – Error of assessment – Freedom to conduct a business – Right to property – Non-contractual liability.#Case T-493/23.18 December 2024
Court of Justice of the European Union · CELEX 62023TJ0520_INF
Judgment of the General Court (First Chamber) of 18 December 2024.#Hecht Pharma GmbH v European Union Intellectual Property Office.#EU trade mark – Revocation proceedings – EU figurative mark H 15 Gufic – Genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Public and outward use – Use in connection with the goods in respect of which the mark was registered.#Case T-520/23.18 December 2024
Court of Justice of the European Union · CELEX 62022TJ0732_INF
Judgment of the General Court (First Chamber) of 18 December 2024.#Oleg Vladimirovich Deripaska v Council of the European Union.#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 – List of persons, entities and bodies subject to the freezing of funds and economic resources – Retention of the of the applicant’s name on the list – Concept of ‘leading businessperson’ – Concept of ‘businesspersons involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation’ – Article 2(1)(a) and (g) of Decision 2014/145/CFSP – Plea of illegality – Obligation to state reasons – Right to effective judicial protection and rights of the defence – Error of assessment – Proportionality – Right to property – Right to be heard.#Case T-732/22.18 December 2024
Court of Justice of the European Union · CELEX 62023TJ0520
Judgment of the General Court (First Chamber) of 18 December 2024.#Hecht Pharma GmbH v European Union Intellectual Property Office.#EU trade mark – Revocation proceedings – EU figurative mark H 15 Gufic – Genuine use of the mark – Article 58(1)(a) of Regulation (EU) 2017/1001 – Public and outward use – Use in connection with the goods in respect of which the mark was registered.#Case T-520/23.18 December 2024
Court of Justice of the European Union · CELEX 62022TJ0787
Judgment of the General Court (Fourth Chamber) of 18 December 2024.#TT v European Border and Coast Guard Agency.#Case T-787/22.18 December 2024
Court of Justice of the European Union · CELEX 62023TJ0275
Judgment of the General Court (First Chamber) of 18 December 2024.#Tinkoff Bank SA v Council of the European Union.#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 lists – Concept of ‘legal persons, entities or bodies involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation’ – Article 2(1)(g) of Decision 2014/145/CFSP – Article 3(1)(g) of Regulation (EU) No 269/2014 – Plea of illegality – Obligation to state reasons – Error of assessment – Misuse of powers – Proportionality – Right to property – Principle of non-discrimination – Equality of treatment.#Case T-275/23.18 December 2024
Court of Justice of the European Union · CELEX 62022TJ0716
Judgment of the General Court (Fifth Chamber) of 18 December 2024.#Administradora Fortaleza Ltda and Others v European Commission.#State aid – Madeira Free Zone – Aid scheme implemented by Portugal – Decision finding that the scheme does not comply with Decisions C(2007) 3037 final and C(2013) 4043 final, declaring it to be incompatible with the internal market and ordering the recovery of aid paid under that scheme – Action for annulment – Locus standi – Interest in bringing proceedings – Admissibility – Obligation to state reasons – Concept of ‘State aid’ – Concept of ‘existing aid’ within the meaning of Article 1(b)(ii) of Regulation (EU) 2015/1589 – No derogation from the condition relating to the creation or maintenance of jobs in the Autonomous Region of Madeira – Principle of sound administration – Principle of sincere cooperation – Recovery – Legitimate expectations – Legal certainty – Right to property.#Case T-716/22.18 December 2024
Court of Justice of the European Union · CELEX 62022TJ0776
Judgment of the General Court (Third Chamber, Extended Composition) of 18 December 2024.#TP v European Commission.#Public procurement – Financial regulation – Exclusion for a period of two years from procurement and grant award procedures funded by the general budget of the European Union and by the EDF – Significant deficiencies in complying with main obligations in the implementation of a prior contract – Article 136(1)(e) of the Financial Regulation – No automatic link between a finding of a failure to comply with contractual obligations by the court having jurisdiction over the contract and the adoption of an exclusion measure by the authorising officer responsible – Obligation to conduct a specific and individual assessment of the conduct of the person concerned – Prior contract awarded to a group of economic operators – Joint and several contractual liability.#Case T-776/22.18 December 2024
Court of Justice of the European Union · CELEX 62023TJ0270
Judgment of the General Court (First Chamber) of 18 December 2024.#Rosbank PAO v Council of the European Union.#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 – Inclusion and maintenance of the applicant’s name on the list – Concept of “legal persons, entities or bodies involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation” – Article 2(1)(g) of Decision 2014/145/CFSP – Article 3(1)(g) of Regulation (EU) No 269/2014 – Plea of illegality – Obligation to state reasons – Error of assessment – Misuse of powers – Proportionality – Right to property – Principle of non-discrimination – Equality of treatment.#Case T-270/23.18 December 2024
Court of Justice of the European Union · CELEX 62023TJ0493
Judgment of the General Court (Fifth Chamber) of 18 December 2024.#Marina Tauber v Council of the European Union.#Common Foreign and Security Policy – Restrictive measures taken in view of actions destabilising Moldova – Freezing of funds – Restrictions on entry into the territories of the Member States – Lists of persons, entities and bodies subject to the freezing of funds and to restrictions on entry into the territories of the Member States – Inclusion and maintenance of the applicant’s name on the lists – Planning and directing violent demonstrations – Article 1(1)(a)(ii) and Article 2(1)(a)(ii) of Decision (CFSP) 2023/891 and Article 2(3)(a)(ii) of Regulation (EU) 2023/888 – Obligation to state reasons – Plea of illegality – Error of assessment – Freedom to conduct a business – Right to property – Non-contractual liability.#Case T-493/23.18 December 2024
Court of Justice of the European Union · CELEX 62023TJ0489
Judgment of the General Court (Fifth Chamber) of 18 December 2024.#Ilan Mironovich Shor v Council of the European Union.#Common Foreign and Security Policy – Restrictive measures taken in view of actions destabilising Moldova – Freezing of funds – Restriction on entry into the territories of the Member States – Lists of persons, entities and bodies subject to the freezing of funds and economic resources or to restrictions on entry into the territories of the Member States – Inclusion and maintenance of the applicant’s name on the lists – Planning and directing violent demonstrations – Article 1(1)(a)(ii) and Article 2(1)(a)(ii) of Decision (CFSP) 2023/891 and Article 2(3)(a)(ii) of Regulation (EU) 2023/888 – Obligation to state reasons – Plea of illegality – Error of assessment – Freedom to conduct a business – Right to property – Non-contractual liability.#Case T-489/23.18 December 2024
Court of Justice of the European Union · CELEX 62023TJ0489_RES
Judgment of the General Court (Fifth Chamber) of 18 December 2024.#Ilan Mironovich Shor v Council of the European Union.#Common Foreign and Security Policy – Restrictive measures taken in view of actions destabilising Moldova – Freezing of funds – Restriction on entry into the territories of the Member States – Lists of persons, entities and bodies subject to the freezing of funds and economic resources or to restrictions on entry into the territories of the Member States – Inclusion and maintenance of the applicant’s name on the lists – Planning and directing violent demonstrations – Article 1(1)(a)(ii) and Article 2(1)(a)(ii) of Decision (CFSP) 2023/891 and Article 2(3)(a)(ii) of Regulation (EU) 2023/888 – Obligation to state reasons – Plea of illegality – Error of assessment – Freedom to conduct a business – Right to property – Non-contractual liability.#Case T-489/23.18 December 2024
Court of Justice of the European Union · CELEX 62022TJ0776_RES
Judgment of the General Court (Third Chamber, Extended Composition) of 18 December 2024.#TP v European Commission.#Public procurement – Financial regulation – Exclusion for a period of two years from procurement and grant award procedures funded by the general budget of the European Union and by the EDF – Significant deficiencies in complying with main obligations in the implementation of a prior contract – Article 136(1)(e) of the Financial Regulation – No automatic link between a finding of a failure to comply with contractual obligations by the court having jurisdiction over the contract and the adoption of an exclusion measure by the authorising officer responsible – Obligation to conduct a specific and individual assessment of the conduct of the person concerned – Prior contract awarded to a group of economic operators – Joint and several contractual liability.#Case T-776/22.18 December 2024
Court of Justice of the European Union · CELEX 62021TJ0560_RES
Απόφαση του Γενικού Δικαστηρίου (ένατο τμήμα) της 18ης Δεκεμβρίου 2024.#TB κατά Οργανισμού της Ευρωπαϊκής Ένωσης για την Κυβερνοασφάλεια.#Υπαλληλική υπόθεση – Έκτακτοι υπάλληλοι – Πρόσληψη – Ανακοίνωση κενής θέσεως – Απόρριψη υποψηφιότητας – Προσφυγή ακυρώσεως – Εκπροσώπηση θεσμικού οργάνου από υπάλληλό του – Έννομο συμφέρον – Παραδεκτό – Υποχρέωση αιτιολογήσεως – Αρχή της χρηστής διοικήσεως – Ευθύνη – Ηθική βλάβη.#Υπόθεση T-560/21.18 December 2024
Court of Justice of the European Union · CELEX 62021TJ0560
Judgment of the General Court (Ninth Chamber) of 18 December 2024.#TB v European Union Agency for Cybersecurity.#Civil service – Members of the temporary staff – Recruitment – Vacancy notice – Rejection of application – Action for annulment – Representation of an institution by one of its agents – Interest in bringing proceedings – Admissibility – Obligation to state reasons – Principle of good administration – Liability – Non-material damage.#Case T-560/21.18 December 2024
Court of Justice of the European Union · CELEX 62023TJ0134
Judgment of the General Court (Third Chamber) of 18 December 2024.#Institut Jožef Stefan v European Commission.#Award of grants in the field of defence – EDF – Funding of research actions – Call for proposals EDF‑2021-MCBRN-R – Rejection of the applicant’s proposal on account of non-compliance with the admissibility conditions and criteria – Obligation to state reasons – Principle of sound administration – Right to be heard – Error of assessment.#Case T-134/23.18 December 2024
Court of Justice of the European Union · CELEX 62022TJ0702_INF
Judgment of the General Court (Fifth Chamber) of 18 December 2024.#TA and Others v European Commission.#State Aid – Madeira Free Zone – Aid scheme implemented by Portugal – Decision finding that the scheme does not comply with Decisions C(2007) 3037 final and C(2013) 4043 final, declaring it to be incompatible with the internal market and ordering the recovery of aid paid under that scheme – Action for annulment – Standing to bring proceedings – Interest in bringing proceedings – Admissibility – Obligation to state reasons – Concept of ‘existing aid’ within the meaning of Article 1(b)(ii) of Regulation (EU) 2015/1589 – Freedom of establishment – Free movement of workers, citizens and capital – Recovery – Legitimate expectations – Legal certainty – Right to property.#Cases T-702/22, T-704/22, T-705/22 and T-710/22 to T-712/22.18 December 2024
Court of Justice of the European Union · CELEX 62022TJ0716_INF
Judgment of the General Court (Fifth Chamber) of 18 December 2024.#Administradora Fortaleza Ltda and Others v European Commission.#State aid – Madeira Free Zone – Aid scheme implemented by Portugal – Decision finding that the scheme does not comply with Decisions C(2007) 3037 final and C(2013) 4043 final, declaring it to be incompatible with the internal market and ordering the recovery of aid paid under that scheme – Action for annulment – Locus standi – Interest in bringing proceedings – Admissibility – Obligation to state reasons – Concept of ‘State aid’ – Concept of ‘existing aid’ within the meaning of Article 1(b)(ii) of Regulation (EU) 2015/1589 – No derogation from the condition relating to the creation or maintenance of jobs in the Autonomous Region of Madeira – Principle of sound administration – Principle of sincere cooperation – Recovery – Legitimate expectations – Legal certainty – Right to property.#Case T-716/22.18 December 2024
Court of Justice of the European Union · CELEX 62022TJ0732
Judgment of the General Court (First Chamber) of 18 December 2024.#Oleg Vladimirovich Deripaska v Council of the European Union.#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 – List of persons, entities and bodies subject to the freezing of funds and economic resources – Retention of the of the applicant’s name on the list – Concept of ‘leading businessperson’ – Concept of ‘businesspersons involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation’ – Article 2(1)(a) and (g) of Decision 2014/145/CFSP – Plea of illegality – Obligation to state reasons – Right to effective judicial protection and rights of the defence – Error of assessment – Proportionality – Right to property – Right to be heard.#Case T-732/22.18 December 2024
Court of Justice of the European Union · CELEX 62022TJ0702
Judgment of the General Court (Fifth Chamber) of 18 December 2024.#TA and Others v European Commission.#State Aid – Madeira Free Zone – Aid scheme implemented by Portugal – Decision finding that the scheme does not comply with Decisions C(2007) 3037 final and C(2013) 4043 final, declaring it to be incompatible with the internal market and ordering the recovery of aid paid under that scheme – Action for annulment – Standing to bring proceedings – Interest in bringing proceedings – Admissibility – Obligation to state reasons – Concept of ‘existing aid’ within the meaning of Article 1(b)(ii) of Regulation (EU) 2015/1589 – Freedom of establishment – Free movement of workers, citizens and capital – Recovery – Legitimate expectations – Legal certainty – Right to property.#Cases T-702/22, T-704/22, T-705/22 and T-710/22 to T-712/22.18 December 2024
Court of Justice of the European Union · CELEX 62023CJ0388_SUM
Judgment of the Court (Sixth Chamber) of 12 December 2024.#Golden Omega S.A. v Inspecteur van de Belastingdienst/Douane, kantoor Rotterdam Rijnmond.#Reference for a preliminary ruling – Customs union – Regulation (EEC) No 2658/87 – Common Customs Tariff – Tariff classification – Combined Nomenclature – Heading 1516 – Fats and oils and their fractions – Fish oil in the form of ethyl esters – Esterification of fatty acids with ethanol – Implementing Regulation (EU) 2019/1661 – Validity.#Case C-388/23.12 December 2024
Court of Justice of the European Union · CELEX 62023CJ0331_SUM
Judgment of the Court (Ninth Chamber) of 12 December 2024.#Dranken Van Eetvelde NV v Belgische Staat.#Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 205 – Joint and several liability for tax debts owed by a third party – Conditions and scope of liability – Fight against VAT fraud – Joint and several liability for the payment of VAT which does not allow an assessment to be made on the basis of the contribution of each taxable person in the tax evasion – Principle of proportionality – Article 50 of the Charter of Fundamental Rights of the European Union – Principle non bis in idem – Criteria for application – Facts relating to different tax years against which administrative or criminal proceedings are brought – Continuing offence with unity of purpose – Facts not identical.#Case C-331/23.12 December 2024
Court of Justice of the European Union · CELEX 62023CJ0781_SUM
Judgment of the Court (Eighth Chamber) of 12 December 2024.#Malmö Motorrenovering AB v Allmänna ombudet hos Tullverket.#Reference for a preliminary ruling – Customs union – Union Customs Code – Regulation (EU) No 952/2013 – Article 250 – Temporary admission procedure – Article 251 – Period during which goods imported under that procedure may remain – Period insufficient for achieving the objective of authorised use – Customs debt incurred through non-compliance with that period – Conditions for extending that period – Importation of a racing car.#Case C-781/23.12 December 2024
Court of Justice of the European Union · CELEX 62024TO0322_INF
Order of the General Court (Fifth Chamber) of 12 December 2024.#EH v European Commission.#Civil service – Recruitment – Notice of competition – Open competition EPSO/AD/382/20 – Administrators (AD 5/AD 7) in the field of external relations – Decision not to include the applicant’s name on the reserve list – Obligation to state reasons – Secrecy of the Selection Board’s proceedings – Assessment of general competencies – Similar competitions – Action manifestly lacking any foundation in law.#Case T-322/24.12 December 2024
Court of Justice of the European Union · CELEX 62024TO0322
Order of the General Court (Fifth Chamber) of 12 December 2024.#EH v European Commission.#Civil service – Recruitment – Notice of competition – Open competition EPSO/AD/382/20 – Administrators (AD 5/AD 7) in the field of external relations – Decision not to include the applicant’s name on the reserve list – Obligation to state reasons – Secrecy of the Selection Board’s proceedings – Assessment of general competencies – Similar competitions – Action manifestly lacking any foundation in law.#Case T-322/24.12 December 2024
Court of Justice of the European Union · CELEX 62022CJ0680_SUM
Judgment of the Court (Fifth Chamber) of 12 December 2024.#DD v European Union Agency for Fundamental Rights.#Appeal – Civil service – Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union – Members of the temporary staff – Disciplinary proceedings – Administrative investigation – Concept of ‘plagiarism’ – Appointment by the appointing authority of an investigator with whom it has a business relationship – Conflict of interest – Article 41(1) of the Charter of Fundamental Rights of the European Union – Objective impartiality – Article 17a – Official’s freedom of expression – Articles 11, 12 and 21 – Respect for the principles of loyalty and impartiality.#Case C-680/22 P.12 December 2024
Court of Justice of the European Union · CELEX 62024CO0534
Order of the Court (Eighth Chamber) of 12 December 2024.#Your personal driver Soc. coop. arl v Comune di Roma.#Request for a preliminary ruling from the Giudice di pace di Roma.#Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court – Requirement to present the factual background to the main proceedings – Manifest inadmissibility.#Case C-534/24.12 December 2024
Court of Justice of the European Union · CELEX 62023CJ0772
Judgment of the Court (Eighth Chamber) of 12 December 2024.#European Association of Non-Integrated Metal Importers & distributors (Euranimi) v European Commission.#Appeal – Common rules for imports – Safeguard measures – Regulation (EU) 2015/478 – Article 19(2) – Extension of a safeguard measure – Conditions – Steel products market – Import of certain steel products – Implementing Regulation (EU) 2021/1029.#Case C-772/23 P.12 December 2024
Court of Justice of the European Union · CELEX 62024CO0149
Order of the Court (Eighth Chamber) of 12 December 2024.#United Media Services SRL v Consiliul Concurenţei.#Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie.#Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Article 4(3) TEU – Procedural autonomy – Principles of equivalence and effectiveness – Legal certainty – Right to an effective remedy – Final decision of a national court that is incompatible with a subsequent decision of the Court – Decision of a Constitutional Court finding that a provision of national law on the basis of which a judgment was delivered is incompatible with the Constitution of the Member State concerned – Request for revision – Different limitation periods.#Case C-149/24.12 December 2024
Court of Justice of the European Union · CELEX 62023CJ0331
Judgment of the Court (Ninth Chamber) of 12 December 2024.#Dranken Van Eetvelde NV v Belgische Staat.#Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 205 – Joint and several liability for tax debts owed by a third party – Conditions and scope of liability – Fight against VAT fraud – Joint and several liability for the payment of VAT which does not allow an assessment to be made on the basis of the contribution of each taxable person in the tax evasion – Principle of proportionality – Article 50 of the Charter of Fundamental Rights of the European Union – Principle non bis in idem – Criteria for application – Facts relating to different tax years against which administrative or criminal proceedings are brought – Continuing offence with unity of purpose – Facts not identical.#Case C-331/23.12 December 2024
Court of Justice of the European Union · CELEX 62023CJ0300
Judgment of the Court (Ninth Chamber) of 12 December 2024.#NB v Kutxabank SA.#Request for a preliminary ruling from the Juzgado de Primera Instancia No 8 de Donostia – San Sebastián.#Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Mortgage loan agreement – Term providing for a variable interest rate – Reference index based on the annual percentage rates of charge (APRC) of mortgage loans granted by savings banks – Official index established by a published administrative act – Information contained in the preamble to that act – Check relating to the requirement of transparency – Assessment of the unfair nature of the term – Principle of effectiveness.#Case C-300/23.12 December 2024
Court of Justice of the European Union · CELEX 62023CJ0419
Judgment of the Court (Fourth Chamber) of 12 December 2024.#CN v Nemzeti Földügyi Központ.#Request for a preliminary ruling from the Győri Törvényszék.#Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Article 17 of the Charter of Fundamental Rights of the European Union – Right to property – Right of usufruct over agricultural land – National legislation extinguishing, without compensation, the rights of usufruct – Judgment establishing a failure to fulfil obligations – Reinstatement in the land register of a previously deleted right of usufruct, without examination of the lawfulness of the original registration – Finality of the original registration.#Case C-419/23.12 December 2024
Court of Justice of the European Union · CELEX 62022CJ0181_RES
Judgment of the Court (Fifth Chamber) of 12 December 2024.#Nemea Bank plc v European Central Bank.#Appeal – Economic and monetary policy – Prudential supervision of credit institutions – Regulation (EU) No 1024/2013 – Specific supervisory tasks assigned to the European Central Bank (ECB) – Article 24 – Decision to withdraw a credit institution’s authorisation – Administrative review procedure – Decision repealing an earlier decision – Action for annulment – Continuing interest in bringing proceedings – Actions for damages – Manifest inadmissibility.#Case C-181/22 P.12 December 2024
Court of Justice of the European Union · CELEX 62022CJ0130
Judgment of the Court (Fifth Chamber) of 12 December 2024.#DD v European Union Agency for Fundamental Rights (FRA).#Appeal – Civil service – Staff Regulations of Officials of the European Union and Conditions of Employment of Other Servants of the European Union – Members of the temporary staff – Termination of a contract concluded for an indefinite period – Notice period – Maintenance of the duty of loyalty and of confidentiality – Disciplinary proceedings – Initiation of an administrative inquiry – Closure of the case without further action – Unlawful conduct attributable to the appointing authority – Non-material damage – Proof – Conditions necessary for the European Union to incur non-contractual liability.#Case C-130/22 P.12 December 2024
Court of Justice of the European Union · CELEX 62023CJ0118_RES
Judgment of the Court (Fourth Chamber) of 12 December 2024.#Rada Nadzorcza Getin Noble Bank S.A. and Others v Bankowy Fundusz Gwarancyjny.#Reference for a preliminary ruling – Recovery and resolution of credit institutions – Directive 2014/59/EU – Decision to take a crisis management measure in respect of a credit institution – Article 85(3) – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy of all persons affected by that decision – Compliance with a reasonable time limit – Requirement of an expeditious judicial review – Provision of national law requiring that all the actions be joined – Article 3(3) – Combining of functions by the resolution authority – Guarantee of operational independence.#Case C-118/23.12 December 2024
Court of Justice of the European Union · CELEX 62023CJ0436
Judgment of the Court (Sixth Chamber) of 12 December 2024.#Belgische Staat / Federale Overheidsdienst Financiën v Volvo Group Belgium NV.#Request for a preliminary ruling from the hof van beroep te Gent.#Reference for a preliminary ruling – Direct taxation – Article 49 TFEU – Freedom of establishment – Tax on company profits – National legislation establishing a fairness tax – National decision annulling that legislation – Maintenance of effects – Tax not payable by a non-resident company with a permanent establishment in the Member State – Tax payable by a subsidiary of a non-resident company – Choice of legal form – Comparability of situations.#Case C-436/23.12 December 2024
Court of Justice of the European Union · CELEX 62023CJ0118
Judgment of the Court (Fourth Chamber) of 12 December 2024.#Rada Nadzorcza Getin Noble Bank S.A. and Others v Bankowy Fundusz Gwarancyjny.#Reference for a preliminary ruling – Recovery and resolution of credit institutions – Directive 2014/59/EU – Decision to take a crisis management measure in respect of a credit institution – Article 85(3) – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy of all persons affected by that decision – Compliance with a reasonable time limit – Requirement of an expeditious judicial review – Provision of national law requiring that all the actions be joined – Article 3(3) – Combining of functions by the resolution authority – Guarantee of operational independence.#Case C-118/23.12 December 2024
Court of Justice of the European Union · CELEX 62023CJ0388
Judgment of the Court (Sixth Chamber) of 12 December 2024.#Golden Omega S.A. v Inspecteur van de Belastingdienst/Douane, kantoor Rotterdam Rijnmond.#Request for a preliminary ruling from the rechtbank Noord-Holland.#Reference for a preliminary ruling – Customs union – Regulation (EEC) No 2658/87 – Common Customs Tariff – Tariff classification – Combined Nomenclature – Heading 1516 – Fats and oils and their fractions – Fish oil in the form of ethyl esters – Esterification of fatty acids with ethanol – Implementing Regulation (EU) 2019/1661 – Validity.#Case C-388/23.12 December 2024
Court of Justice of the European Union · CELEX 62023CJ0725
Judgment of the Court (Ninth Chamber) of 12 December 2024.#M. sp. z o.o. I. S.K.A. v R.W.#Request for a preliminary ruling from the Sąd Rejonowy Katowice – Wschód w Katowicach.#Reference for a preliminary ruling – Directive 2011/7/EU – Combating late payment in commercial transactions – Transactions between undertakings – Commercial lease agreement – Point 8 of Article 2 – Concept of ‘amount due’ – Re-invoicing of rental charges and costs associated with the rent.#Case C-725/23.12 December 2024
Court of Justice of the European Union · CELEX 62023CJ0781
Judgment of the Court (Eighth Chamber) of 12 December 2024.#Malmö Motorrenovering AB v Allmänna ombudet hos Tullverket.#Request for a preliminary ruling from the Högsta förvaltningsdomstolen.#Reference for a preliminary ruling – Customs union – Union Customs Code – Regulation (EU) No 952/2013 – Article 250 – Temporary admission procedure – Article 251 – Period during which goods imported under that procedure may remain – Period insufficient for achieving the objective of authorised use – Customs debt incurred through non-compliance with that period – Conditions for extending that period – Importation of a racing car.#Case C-781/23.12 December 2024
Court of Justice of the European Union · CELEX 62021CJ0587
Judgment of the Court (Fifth Chamber) of 12 December 2024.#DD v European Union Agency for Fundamental Rights (FRA).#Appeal – Civil service – Members of the temporary staff – Disciplinary proceedings – Staff Regulations of Officials of the European Union – Annex IX – Article 3 – Compliance with the judgments of the Civil Service Tribunal and of the General Court of the European Union – Annulment of the decisions of the appointing authority – Discretion – Obligation to resume the proceedings at the very point at which the illegality occurred – Rights of the defence – Right to be heard – Article 29 – Compensation for the harm suffered.#Case C-587/21 P.12 December 2024
Court of Justice of the European Union · CELEX 62022CJ0680
Judgment of the Court (Fifth Chamber) of 12 December 2024.#DD v European Union Agency for Fundamental Rights (FRA).#Appeal – Civil service – Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union – Members of the temporary staff – Disciplinary proceedings – Administrative investigation – Concept of ‘plagiarism’ – Appointment by the appointing authority of an investigator with whom it has a business relationship – Conflict of interest – Article 41(1) of the Charter of Fundamental Rights of the European Union – Objective impartiality – Article 17a – Official’s freedom of expression – Articles 11, 12 and 21 – Respect for the principles of loyalty and impartiality.#Case C-680/22 P.12 December 2024
Court of Justice of the European Union · CELEX 62022CJ0181
Judgment of the Court (Fifth Chamber) of 12 December 2024.#Nemea Bank plc v European Central Bank (ECB) and Others.#Appeal – Economic and monetary policy – Prudential supervision of credit institutions – Regulation (EU) No 1024/2013 – Specific supervisory tasks assigned to the European Central Bank (ECB) – Article 24 – Decision to withdraw a credit institution’s authorisation – Administrative review procedure – Decision repealing an earlier decision – Action for annulment – Continuing interest in bringing proceedings – Actions for damages – Manifest inadmissibility.#Case C-181/22 P.12 December 2024
Court of Justice of the European Union · CELEX 62023CJ0527
Judgment of the Court (Sixth Chamber) of 12 December 2024.#Weatherford Atlas Gip SA v Agenţia Naţională de Administrare Fiscală - Direcţia Generală de Soluţionare a Contestaţiilor and Agenţia Naţională de Administrare Fiscală - Direcţia Generală de Administrare a Marilor Contribuabili.#Request for a preliminary ruling from the Tribunalul Prahova.#Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 168 – Right to deduct VAT – Purchase of administrative services provided within the same group of companies – Refusal of the right of deduction.#Case C-527/23.12 December 2024