February 13, 2023 – Page 4 – ZDSS

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CELEX:62021CA0148: Joined Cases C-148/21 and C-184/21: Judgment of the Court (Grand Chamber) of 22 December 2022 (requests for a preliminary ruling from the Tribunal d’arrondissement de Luxembourg — Luxembourg — and from the Tribunal de l’entreprise francophone de Bruxelles — Belgium) — Christian Louboutin v Amazon Europe Core Sàrl (C-148/21), Amazon EU Sàrl (C-148/21), Amazon Services Europe Sàrl (C-148/21), Amazon.com Inc. (C-184/21), Amazon Services LLC (C-184/21) (Reference for a preliminary ruling — EU trade mark — Regulation (EU) 2017/1001 — Article 9(2)(a) — Rights conferred by an EU trade mark — Concept of ‘use’ — Operator of an online sales website incorporating an online marketplace — Advertisements published on that marketplace by third-party sellers using, in those advertisements, a sign which is identical with a trade mark of another person for goods which are identical with those for which that trade mark is registered — Perception of that sign as forming an integral part of the commercial communication of that operator — Method of presenting the advertisements which does not make it possible to distinguish clearly the offerings of that operator from those of the third-party sellers)

February 13, 2023 No Comments

CELEX:62021CA0115: Case C-115/21 P: Judgment of the Court (Fourth Chamber) of 22 December 2022 — Oriol Junqueras i Vies v European Parliament (Appeal — Institutional law — Members of the European Parliament — Loss of eligibility following a criminal conviction — Declaration that the seat of a Member of the European Parliament is vacant — Request to take an initiative as a matter of urgency to assert the immunity of a Member of the European Parliament — Action for annulment — Inadmissibility)

February 13, 2023 No Comments

CELEX:62021CA0061: Case C-61/21: Judgment of the Court (Grand Chamber) of 22 December 2022 (request for a preliminary ruling from the Cour administrative d’appel, Versailles — France) — JP v Ministre de la Transition écologique, Premier ministre (Reference for a preliminary ruling — Environment — Directives 80/779/EEC, 85/203/EEC, 96/62/EC, 1999/30/EC and 2008/50/EC — Air quality — Limit values for microparticles (PM10) and nitrogen dioxide (NO2) — Exceeded — Air quality plans — Damage caused to an individual on account of deterioration of the air resulting from the exceedance of those limit values — Liability of the Member State concerned — Conditions for establishing that liability — Requirement that the rule of EU law infringed be intended to confer rights on the individuals who have been harmed — No such intention)

February 13, 2023 No Comments

CELEX:62021CA0083: Case C-83/21: Judgment of the Court (Second Chamber) of 22 December 2022 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Airbnb Ireland UC plc, Airbnb Payments UK Ltd v Agenzia delle Entrate (Reference for a preliminary ruling — Internal market — Article 114(2) TFEU — Exclusion of fiscal provisions — Directive 2000/31/EC — Information society services — Electronic commerce — Online property intermediation platform — Article 1(5)(a) — Exclusion of the ‘field of taxation’ — Directive 2006/123/EC — Services in the internal market — Article 2(3) — Exclusion of the ‘field of taxation’ — Directive (EU) 2015/1535 — Article 1(1)(e) and (f) — Concepts of ‘rule on services’ and ‘technical regulation’ — Obligation on providers of property intermediation services to collect and transmit to the tax authorities data on rental contracts and to withhold tax at source on the payments made — Obligation on service providers that do not have a permanent establishment in Italy to appoint a tax representative — Article 56 TFEU — Restrictive nature — Legitimate objective — Disproportionate nature of the obligation to appoint a tax representative — Third paragraph of Article 267 TFEU — Prerogatives of a national court or tribunal against whose decisions there is no judicial remedy under national law)

February 13, 2023 No Comments

CELEX:62021CA0088: Case C-88/21: Judgment of the Court (First Chamber) of 15 December 2022 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — Regionų apygardos administracinio teismo Kauno rūmai (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Second generation Schengen Information System (SIS II) — Decision 2007/533/JHA — Alert on an object sought — Article 38 — Objectives of the alert — Seizure or use as evidence in criminal proceedings — Article 39 — Execution of the action based on an alert — Measures taken in accordance with the national law of the Member States — National legislation laying down an obligation to prohibit the registration of vehicles which are the subject of alerts in SIS II)

February 13, 2023 No Comments

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