February 21, 2022 – Page 5 – www.zdss.si

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CELEX:62020CA0146: Joined Cases C-146/20, C-188/20, C-196/20 and C-270/20: Judgment of the Court (First Chamber) of 21 December 2021 (requests for a preliminary ruling from the Landgericht Düsseldorf, Landesgericht Korneuburg — Germany, Austria) — AD, BE, CF v Corendon Airlines (C-146/20), JG, LH, MI, NJ v OP, acting as liquidator of Azurair GmbH (C-188/20), Eurowings GmbH v flightright GmbH (C-196/20), AG, MG, HG v Austrian Airlines AG (C-270/20) (References for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights — Articles 2 and 3 — Concepts of ‘operating air carrier’, ‘confirmed reservation’ and ‘scheduled time of arrival’ — Articles 5, 7 and 8 — Flight departure time brought forward in relation to the original planned departure time — Classification — Reduction in the amount of compensation — Offer of re-routing — Article 14 — Obligation to inform passengers of their rights — Scope)

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CELEX:62020CA0124: Case C-124/20: Judgment of the Court (Grand Chamber) of 21 December 2021 (request for a preliminary ruling from the Hanseatisches Oberlandesgericht Hamburg — Germany) — Bank Melli Iran v Telekom Deutschland GmbH (Reference for a preliminary ruling — Commercial policy — Regulation (EC) No 2271/96 — Protection against the effects of the extraterritorial application of legislation adopted by a third country — Restrictive measures taken by the United States of America against Iran — Secondary sanctions adopted by that third country preventing persons from engaging, outside its territory, in commercial relationships with certain Iranian undertakings — Prohibition on complying with such a law — Exercise of the right of ordinary termination)

February 21, 2022 No Comments

CELEX:62019CA0934: Case C-934/19 P: Judgment of the Court (Third Chamber) of 21 December 2021 — Algebris (UK) Ltd, Anchorage Capital Group LLC v Single Resolution Board (SRB) (Appeal — Economic and monetary union — Banking union — Recovery and resolution of credit institutions and investment firms — Single resolution mechanism for credit institutions and certain investment firms (SRM) — Single Resolution Board (SRB) — Resolution procedure applicable where an entity is failing or is likely to fail — Adoption of a resolution scheme in respect of Banco Popular Español SA — Sale of business tool — Write-down and conversion of capital instruments — Regulation (EU) No 806/2014 — Article 20 — Concept of ‘definitive valuation’ — Consequences — Refusal or failure to proceed with an ex post definitive valuation — Remedies — Action for annulment)

February 21, 2022 No Comments

CELEX:62019CA0876: Case C-876/19 P: Judgment of the Court (Ninth Chamber) of 21 December 2021 — PlasticsEurope AISBL v European Chemicals Agency, French Republic, ClientEarth (Appeal — Establishment of a list of substances subject to authorisation — List of substances identified with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 — Updating of the entry of the substance bisphenol A as a substance of very high concern)

February 21, 2022 No Comments

CELEX:62019CA0874: Case C-874/19 P: Judgment of the Court (Third Chamber) of 21 December 2021 — Aeris Invest Sàrl v Single Resolution Board (SRB) (Appeal — Economic and monetary union — Banking union — Recovery and resolution of credit institutions and investment firms — Single resolution mechanism for credit institutions and certain investment firms (SRM) — Single Resolution Board (SRB) — Resolution procedure applicable where an entity is failing or is likely to fail — Adoption of a resolution scheme in respect of Banco Popular Español SA — Sale of business tool — Write-down and conversion of capital instruments — Regulation (EU) No 806/2014 — Article 20 — Concept of ‘definitive valuation’ — Consequences — Refusal or failure to proceed with an ex post definitive valuation — Remedies — Action for annulment)

February 21, 2022 No Comments

CELEX:62019CA0724: Case C-724/19: Judgment of the Court (Fourth Chamber) of 16 December 2021 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal proceedings against HP (Reference for a preliminary ruling — Judicial cooperation in criminal matters — European Investigation Order (EIO) — Directive 2014/41/EU — Article 2(c)(i) — Concept of ‘issuing authority’ — Article 6 — Conditions for issuing an EIO — Article 9(1) and (3) — Recognition of an EIO — EIO seeking to obtain traffic and location data associated with telecommunications, issued by a public prosecutor designated as ‘issuing authority’ by the national measure transposing Directive 2014/41 — Exclusive competence of the judge, in a similar domestic case, to order the investigative measure indicated in that order)

February 21, 2022 No Comments

CELEX:62019CA0478: Joined Cases C-478/19 and C-479/19: Judgment of the Court (Second Chamber) of 16 December 2021 (requests for a preliminary ruling from the Corte suprema di cassazione — Italy) — UBS Real Estate Kapitalanlagegesellschaft mbH v Agenzia delle Entrate (Reference for a preliminary ruling — Free movement of capital — Closed-ended mutual investment funds — Open-ended mutual investment funds — Investments in real estate — Mortgage registration tax and land registry fees — Tax advantage granted only to closed-ended real estate investment funds — Difference in treatment — Comparability of situations — Objective criteria of differentiation)

February 21, 2022 No Comments

CELEX:62019CA0357: Joined Cases C-357/19, C-379/19, C-547/19, C-811/19 and C-840/19: Judgment of the Court (Grand Chamber) of 21 December 2021 (requests for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie, Tribunalul Bihor — Romania) — Criminal proceedings against PM (C-357/19), RO (C-357/19), SP (C-357/19), TQ (C-357/19), KI (C-379/19), LJ (C-379/19), JH (C-379/19), IG (C-379/19), FQ (C-811/19), GP (C-811/19), HO (C-811/19), IN (C-811/19), NC (C-840/19) (Reference for a preliminary ruling — Decision 2006/928/EC — Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption — Legal nature and effects — Binding on Romania — Rule of law — Judicial independence — Second subparagraph of Article 19(1) TEU — Article 47 of the Charter of Fundamental Rights of the European Union — Fight against corruption — Protection of the European Union’s financial interests — Article 325(1) TFEU — ‘PFI’ Convention — Criminal proceedings — Decisions of the Curtea Constituțională (Constitutional Court, Romania) concerning the legality of the taking of certain evidence and the composition of judicial panels in cases of serious corruption — Duty on national courts to give full effect to the decisions of the Curtea Constituțională (Constitutional Court) — Disciplinary liability of judges in case of non-compliance with such decisions — Power to disapply decisions of the Curtea Constituțională (Constitutional Court) that conflict with EU law — Principle of primacy of EU law)

February 21, 2022 No Comments

CELEX:62021CB0334: Case C-334/21: Order of the President of the Court of 9 November 2021 — (request for a preliminary ruling from the Tribunale di Rieti — Italy) — Criminal proceedings against G.B., R.H., interested party: Procura della Repubblica di Rieti

February 21, 2022 No Comments

CELEX:62021CB0206: Case C-206/21: Order of the President of the Court of 29 October 2021 (request for a preliminary ruling from the Tribunal administratif de Dijon — France) — Mr. X v Préfet de Saône-et-Loire

February 21, 2022 No Comments

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