Monthly Archives: February 2023

CELEX:62022CA0098: Case C-98/22: Judgment of the Court (Eighth Chamber) of 22 December 2022 (request for a preliminary ruling from the Cour d’appel de Paris — France) — Eurelec Trading SCRL, Scabel SA v Ministre de l’Économie et des Finances (Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and recognition and enforcement of judgments in civil and commercial matters — Regulation (EU) No 1215/2012 — Article 1(1) — Concept of ‘civil and commercial matters’ — Action brought by a public authority seeking a declaration of the existence of restrictive practices, an order penalising those practices and an order that they cease)

CELEX:62022CA0068: Case C-68/22 P: Judgment of the Court (Seventh Chamber) of 22 December 2022 — European Investment Bank v KL (Appeal — Civil service — Staff of the European Investment Bank (EIB) — Concept of ‘invalidity’ — Declaration of fitness to work — Unjustified absence — Action for annulment and for damages)

CELEX:62022CA0020: Case C-20/22: Judgment of the Court (Seventh Chamber) of 22 December 2022 (request for a preliminary ruling from the Conseil d’État — France) — Syndicat Les Entreprises du médicament (LEEM) v Ministre des Solidarités et de la Santé (Reference for a preliminary ruling — Medicinal products for human use — Directive 89/105/EEC — Transparency of measures regulating the pricing of medicinal products for human use and their inclusion in the scope of national health insurance systems — Article 4 — Price freeze imposed on all medicinal products or on certain categories of medicinal products — National measure concerning only certain medicinal products, on an individual basis — Setting a maximum price for sales to health establishments of certain medicinal products)

CELEX:62021CA0656: Case C-656/21: Judgment of the Court (Fifth Chamber) of 22 December 2022 (request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD) — Portugal) — IM Gestão de Ativos (IMGA) — Sociedade Gestora de Organismos de Investimento Coletivo SA and Others v Autoridade Tributária e Aduaneira (Reference for a preliminary ruling — Directive 2008/7/EC — Article 5(2)(a) — Indirect taxes on the raising of capital — Stamp duty on services relating to the marketing of shares in undertakings for collective investment in transferable securities)

CELEX:62021CA0553: Case C-553/21: Judgment of the Court (Eighth Chamber) of 22 December 2022 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — Hauptzollamt Hamburg v Shell Deutschland Oil GmbH (Reference for a preliminary ruling — Directive 2003/96/EC — Taxation of energy products and electricity — Fourth indent of Article 5 — Differentiated rates of excise duty according to whether those products are for business or non-business use — Optional tax exemptions and reductions — Submission of an application for an optional tax reduction after the expiry of the period prescribed for that purpose but before the expiry of the period for assessment of the tax concerned — Principle of legal certainty — Principle of effectiveness — Principle of proportionality)

CELEX:62021CA0404: Case C-404/21: Judgment of the Court (Fifth Chamber) of 22 December 2022 (request for a preliminary ruling from the Tribunale ordinario di Asti — Italy) — WP v Istituto nazionale della previdenza sociale, Repubblica italiana (Reference for a preliminary ruling — European Central Bank (ECB) staff members — Transfer of pension rights acquired in a national pension scheme to the ECB pension scheme — Article 4(3) TEU — Principle of sincere cooperation — ECB Conditions of Employment — Article 8 of Annex IIIa — No provision of national law or agreement between the Member State concerned and the ECB)

CELEX:62021CA0392: Case C-392/21: Judgment of the Court (Second Chamber) of 22 December 2022 (request for a preliminary ruling from the Curtea de Apel Cluj — Romania) — TJ v Inspectoratul General pentru Imigrări (Reference for a preliminary ruling — Social policy — Protection of the safety and health of workers — Directive 90/270/EEC — Article 9(3) — Work with display screen equipment — Protection of workers’ eyes and eyesight — Special corrective appliances — Spectacles — Acquisition by the employee — Arrangements for the employer to meet the costs)

CELEX:62021CA0383: Joined Cases C-383/21 and C-384/21: Judgment of the Court (Fifth Chamber) of 22 December 2022 (requests for a preliminary ruling from the Conseil d’État (Belgium)) — Sambre & Biesme SCRL (C-383/21), Commune de Farciennes (C-384/21) v Société wallonne du logement (Reference for a preliminary ruling — Public procurement — Directive 2014/24/EU — Award of a public contract without a tendering procedure — Public contracts between entities within the public sector — Article 12(3) — Public contracts awarded in house — Concept of ‘similar control’ — Conditions — Representation of all the participating contracting authorities — Article 12(4) — Contract between contracting authorities pursuing common public interest objectives — Concept of ‘cooperation’ — Conditions — Failure to transpose within the prescribed period — Direct effect)

CELEX:62021CA0332: Case C-332/21: Judgment of the Court (Tenth Chamber) of 22 December 2022 (request for a preliminary ruling from the Tribunalul Bucureşti — Romania) — Quadrant Amroq Beverages SRL v Agenția Națională de Administrare Fiscală — Direcția Generală de Administrare a Marilor Contribuabili (Reference for a preliminary ruling — Harmonisation of fiscal legislation — Directive 92/83/EEC — Harmonisation of the structures of excise duties on alcohol and alcoholic beverages — Excise duty — Ethyl alcohol — Exemptions — Article 27(1)(e) — Production of flavours for the preparation of foodstuffs and non-alcoholic beverages with an alcohol strength not exceeding 1,2 % volume — Scope — Principles of proportionality and effectiveness)

CELEX:62021CA0288: Case C-288/21 P: Judgment of the Court (Sixth Chamber) of 22 December 2022 — Universität Koblenz-Landau v European Education and Culture Executive Agency (EACEA) (Appeal — Arbitration clause — Tempus IV Programmes — Grant agreements Ecesis, Diusas and Deque — Systemic and recurrent irregularities — Request for full repayment of the amounts paid — Right to be heard — Principle of proportionality — Principle of the protection of legitimate expectations — Application to reopen the oral part of the procedure at first instance — Article 113(2)(c) of the Rules of Procedure of the General Court)