Daily Archives: 25 October, 2021

CELEX:62019CA0854: Case C-854/19: Judgment of the Court (Eighth Chamber) of 2 September 2021 (request for a preliminary ruling from the Verwaltungsgericht Köln — Germany) — Vodafone GmbH v Bundesrepublik Deutschland, represented by the Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen (Reference for a preliminary ruling — Electronic communications — Regulation (EU) 2015/2120 — Article 3 — Open internet access — Article 3(1) — End users’ rights — Article 3(2) — Prohibition of agreements and commercial practices limiting the exercise of end users’ rights — Article 3(3) — Obligation of equal and non-discriminatory treatment of traffic — Possibility of implementing reasonable traffic management measures — Additional ‘zero tariff’ option — ‘Zero tariff’ excluded in the case of roaming)

CELEX:62019CA0836: Case C-836/19: Judgment of the Court (Fourth Chamber) of 2 September 2021 (reference for a preliminary ruling from the Verwaltungsgericht Gera — Germany) — Toropet Ltd. v Landkreis Greiz (Reference for a preliminary ruling — Public health — Health rules concerning animal by-products not intended for human consumption — Regulation (EC) No 1069/2009 — Article 9(d) and Article 10(a) and (f) — Classification of products — Decomposition, deterioration and presence of foreign bodies in the material — Impact on the initial classification)

CELEX:62019CA0790: Case C-790/19: Judgment of the Court (Second Chamber) of 2 September 2021 (request for a preliminary ruling from the Curtea de Apel Braşov — Romania) — Parchetul de pe lângă Tribunalul Braşov v LG, MH (Reference for a preliminary ruling — Prevention of the use of the financial system for the purposes of money laundering and terrorist financing — Directive (EU) 2015/849 — Directive 2005/60/EC — Offence of money laundering — Laundering by the perpetrator of the predicate offence (‘self-laundering’))

CELEX:62019CA0741: Case C-741/19: Judgment of the Court (Grand Chamber) of 2 September 2021 (request for a preliminary ruling from the Cour d’appel de Paris — France) — Republic of Moldova v Komstroy LLC, successor in law to the company Energoalians (Reference for a preliminary ruling — Energy Charter Treaty — Article 26 — Inapplicability between Member States — Arbitration Award — Judicial review — Jurisdiction of a court of a Member State — Dispute between a third-State operator and a third State — Jurisdiction of the Court — Article 1(6) of the Energy Charter Treaty — Concept of ‘investment’)

CELEX:62018CA0718: Case C-718/18: Judgment of the Court (Fourth Chamber) of 2 September 2021 — European Commission v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Internal markets for electricity and natural gas — Directive 2009/72/EC — Article 2(21) — Article 19(3), (5) and (8) — Article 37(1)(a) and (6)(a) and (b) — Directive 2009/73/EC — Article 2(20) — Article 19(3), (5) and (8) — Article 41(1)(a) and (6)(a) and (b) — Concept of a ‘vertically integrated undertaking’ — Effective unbundling of networks from the activities of production and supply of electricity and natural gas — Independent transmission operator — Independence of the staff and the management of the transmission system operator — Transitional periods — Shares held in the capital of the vertically integrated undertaking — National regulatory authorities — Independence — Exclusive powers — Article 45 TFEU — Freedom of movement for workers — Charter of Fundamental Rights of the European Union — Article 15 — Right to engage in work and to pursue an occupation — Article 17 — Right to property — Article 52(1) — Restrictions — Principle of democracy)

CELEX:62019CA0721: Joined Cases C-721/19 and C-722/19: Judgment of the Court (Fifth Chamber) of 2 September 2021 (references for a preliminary ruling from the Consiglio di Stato — Italy) — Sisal SpA (C-721/19), Stanleybet Malta Ltd (C-722/19), Magellan Robotech Ltd (C-722/19) v Agenzia delle Dogane e dei Monopoli, Ministero dell’Economia e delle Finanze (Reference for a preliminary ruling — Articles 49 and 56 TFEU — Free movement of services — Restrictions — Directive 2014/23/EU — Concession award procedure — Article 43 — Substantial amendments — Instant lottery games — National legislation providing for the renewal of a concession without a new tendering procedure — Directive 89/665/EEC — Article 1(3) — Legal interest in bringing proceedings)

CELEX:62019CA0665: Case C-665/19 P: Judgment of the Court (Fourth Chamber) of 2 September 2021 — NeXovation Inc. v European Commission (Appeal — State aid — Aid in favour of the Nürburgring complex (Germany) — Decision declaring the aid partly incompatible with the internal market — Sale of the assets of the beneficiaries of the State aid found to be incompatible — Open, transparent, non-discriminatory and unconditional tender process — Decision declaring that the reimbursement of incompatible aid did not concern the new owner of the Nürburgring complex and that the latter did not receive new aid for the acquisition of that complex — Admissibility — Status as an interested party — Person individually concerned — Infringement of the procedural rights of the interested parties — Difficulties requiring the initiation of a formal investigation procedure — Justification)

CELEX:62019CA0647: Case C-647/19 P: Judgment of the Court (Fourth Chamber) of 2 September 2021 — Ja zum Nürburgring eV v European Commission (Appeal — State aid — Aid in favour of the Nürburgring complex (Germany) — Decision declaring the aid in part incompatible with the internal market — Sale of the assets of the beneficiaries of the State aid declared to be incompatible — Open, transparent, non-discriminatory and unconditional tender process — Decision declaring that the reimbursement of the incompatible aid did not concern the new owner of the Nürburgring complex and that the latter did not receive new aid for the acquisition of that complex — Admissibility — Status as an interested party — Person individually concerned — Infringement of the procedural rights of the interested parties — Difficulties requiring the initiation of a formal investigation procedure — Justification — Distortion of the evidence)

CELEX:62019CA0579: Case C-579/19: Judgment of the Court (Fourth Chamber) of 2 September 2021 (request for a preliminary ruling from the Supreme Court of the United Kingdom — United Kingdom) — The Queen, on the application of: Association of Independent Meat Suppliers, Cleveland Meat Company Ltd v Food Standards Agency (Reference for a preliminary ruling — Protection of health — Regulation (EC) No 854/2004 — Article 5(2) — Regulation (EC) No 882/2004 — Article 54(3) — Hygiene rules applicable to food of animal origin — Post-mortem inspection of the carcass and offal — Official veterinarian — Health marking — Refusal — Meat declared unfit for human consumption — Right of appeal against a decision of the official veterinarian — Effective judicial protection — Article 47 of the Charter of Fundamental Rights of the European Union)

CELEX:62019CA0570: Case C-570/19: Judgment of the Court (Fourth Chamber) of 2 September 2021 (request for a preliminary ruling from the High Court (Ireland) — Ireland) — Irish Ferries Ltd v National Transport Authority (Reference for a preliminary ruling — Maritime transport — Rights of passengers when travelling by sea and inland waterway — Regulation (EU) No 1177/2010 — Articles 18 and 19, Article 20(4), and Articles 24 and 25 — Cancellation of passenger services — Late delivery of a vessel to the carrier — Notice given prior to the originally scheduled date of departure — Consequences — Right to re-routing — Procedures — Payment of the additional costs — Right to compensation — Calculation — Concept of ticket price — National body responsible for the enforcement of Regulation No 1177/2010 — Competence — Concept of a complaint — Assessment of validity — Articles 16, 17, 20 and 47 of the Charter of Fundamental Rights of the European Union — Principles of proportionality, legal certainty and equal treatment)