Daily Archives: 22 September, 2022

CELEX:62021CC0034: Opinion of Advocate General Campos Sánchez-Bordona delivered on 22 September 2022.###

CELEX:62021CJ0120: Judgment of the Court (Sixth Chamber) of 22 September 2022.#LB v TO.#Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Organisation of working time – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Article 7 – Right to paid annual leave – Allowance in lieu of leave not taken after the termination of the employment relationship – Three-year limitation period – Starting point – Adequate information provided to the worker.#Case C-120/21.

CELEX:62021CJ0159: Judgment of the Court (First Chamber) of 22 September 2022.#GM v Országos Idegenrendészeti Főigazgatóság and Others.#Reference for a preliminary ruling – Common asylum and immigration policy – Directive 2011/95/EU – Standards for granting refugee status or subsidiary protection status – Withdrawal of the status – Directive 2013/32/EU – Common procedures for granting and withdrawing international protection – Danger to national security – Position taken by a specialist authority – Access to the file.#Case C-159/21.

CELEX:62020CJ0518: Judgment of the Court (First Chamber) of 22 September 2022.#XP and AR v Fraport AG Frankfurt Airport Services Worldwide and St. Vincenz-Krankenhaus GmbH.#Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Organisation of working time – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Article 7(1) – Right to paid annual leave – Total invalidity or incapacity for work due to illness occurring during a leave year – National legislation providing for the loss of entitlement to paid annual leave on expiry of a certain period – Employer’s obligation to enable the worker to exercise his or her right to paid annual leave.#Joined Cases C-518/20 and C-727/20.

CELEX:62021CJ0245: Judgment of the Court (First Chamber) of 22 September 2022.#Bundesrepublik Deutschland vertreten durch Bundesministerium des Innern, für Bau und Heimat v MA and Others.#Request for a preliminary ruling – Regulation (EU) No 604/2013 – Determination of the Member State responsible for examining an application for international protection – Articles 27 and 29 – Transfer of the person concerned to the Member State responsible for the examination of his or her request – Suspension of the transfer due to the COVID-19 pandemic – Impossibility of carrying out the transfer – Judicial protection – Consequences for the time limit for transfer.#Joined Cases C-245/21 and C-248/21.

CELEX:62021CJ0497: Judgment of the Court (Tenth Chamber) of 22 September 2022.#SI 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 on account of the rejection of a previous application made by the person concerned in the Kingdom of Denmark – Final decision taken by the Kingdom of Denmark.#Case C-497/21.

CELEX:62020CJ0619: Judgment of the Court (Second Chamber) of 22 September 2022.#International Management Group (IMG) v European Commission.#Appeal – Development cooperation – Implementation of the EU budget under indirect management by an international organisation – Decision to not entrust any new budget implementation tasks to an entity due to doubts as to its status as an international organisation – Action for annulment – Compliance with a judgment annulling a measure – Res judicata – Obligations and powers of the author of the annulled act – Preparatory act – Admissibility – Claim for damages – Rule of law intended to confer rights on individuals – EU financial regulations – Duty of diligence – Existence of a sufficiently serious infringement of that obligation – Specific examination on a case-by-case basis – Non-material harm – Appropriate and sufficient compensation by the annulment of the unlawful act – Material harm – Dispute not in a condition to be adjudicated upon – Referral back to the General Court.#Joined Cases C-619/20 P and C-620/20 P.

CELEX:62020CJ0475: Judgment of the Court (Second Chamber) of 22 September 2022.#Admiral Gaming Network Srl and Others v Agenzia delle Dogane e dei Monopoli and Others.#References for a preliminary ruling – Freedom of establishment – Restrictions – Betting and gambling – Licences for the management of games played on gaming machines – National legislation imposing a levy on licence holders – Principle of the protection of legitimate expectations.#Joined Cases C-475/20 to C-481/20.

CELEX:62020CJ0538: Judgment of the Court (Fourth Chamber) of 22 September 2022.#Finanzamt B v W AG.#Reference for a preliminary ruling – Freedom of establishment – Articles 49 and 54 TFEU – Deduction of final losses incurred by a non-resident permanent establishment – State which has waived its power to impose taxes under a double taxation convention – Comparability of situations.#Case C-538/20.

CELEX:62021CJ0215: Judgment of the Court (Ninth Chamber) of 22 September 2022.#Zulima v Servicios prescriptor y medios de pagos EFC SAU.#Reference for a preliminary ruling – Unfair terms in consumer contracts – Revolving credit agreement – Unfairness of the term relating to the rate of remunerative interest – Action brought by a consumer for a declaration that that agreement is void – Satisfaction of that consumer’s claims out of court – Costs incurred having to be borne by the consumer – Principle of effectiveness – National legislation capable of dissuading the consumer from exercising the rights conferred by Directive 93/13/EEC.#Case C-215/21.