Daily Archives: 27 April, 2023

CELEX:62022CO0560: Order of the Court (Tenth Chamber) of 17 April 2023.#Ferriere Nord SpA and Others v Autorità Garante della Concorrenza e del Mercato and Agenzia delle entrate – Riscossione.#Request for a preliminary ruling from the Commissione tributaria regionale per il Friuli Venezia Giulia.#Case C-560/22.

CELEX:62021CC0655: Opinion of Advocate General Pitruzzella delivered on 27 April 2023.###

CELEX:62022CJ0107: Judgment of the Court (Sixth Chamber) of 27 April 2023.##Reference for a preliminary ruling – Common Customs Tariff – Classification of goods – Combined Nomenclature – Interpretation – General rules – General rule 2(a) – Article presented unassembled or disassembled – Components intended to make up, after assembly, satellite receivers – Classification as a complete receiver.#Case C-107/22.

CELEX:62021CC0807: Opinion of Advocate General Campos Sánchez-Bordona delivered on 27 April 2023.###

CELEX:62021CJ0681: Judgment of the Court (Seventh Chamber) of 27 April 2023.#Versicherungsanstalt öffentlich Bediensteter, Eisenbahnen und Bergbau (BVAEB) v BB.#Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Prohibition of discrimination on grounds of age – Retirement pension – National legislation providing, with retroactive effect, for a category of civil servants previously advantaged by the national legislation relating to retirement pension rights to be treated in the same way as a category of civil servants previously disadvantaged by that legislation.#Case C-681/21.

CELEX:62022CJ0372: Judgment of the Court (Ninth Chamber) of 27 April 2023.#CM v DN.#Reference for a preliminary ruling – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility – Regulation (EC) No 2201/2003 – Articles 9 and 15 – Continuing jurisdiction of the courts of the Member State of the child’s former habitual residence following the child having moved – Concept of ‘moving’ – Application for modification of a decision relating to access rights – Calculation of the time limit within which such an application must be submitted – Transfer of the case to a court of the Member State of the child’s new habitual residence, better placed to hear the case.#Case C-372/22.

CELEX:62021CJ0686: Judgment of the Court (Tenth Chamber) of 27 April 2023.#VW and Legea S.r.l. v SW and Others.#Reference for a preliminary ruling – Trade mark law – Directive 89/104/EEC – Directive (EU) 2015/2436 – Regulation (EC) No 40/94 – Regulation (EU) 2017/1001 – Exclusive rights of the trade mark proprietor – Trade mark belonging to two or more persons – Conditions on majority required between joint proprietors for granting and terminating a licence of their trade mark.#Case C-686/21.

CELEX:62020CJ0537: Judgment of the Court (First Chamber) of 27 April 2023.#L Fund v Finanzamt D.#Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Corporate income tax – Taxation of income from immovable property situated within the territory of a Member State – Difference in treatment between resident funds and non-resident funds – Exemption for resident funds only – Comparability of situations – Taking into account of the tax system of investors – None – Justification – Need to preserve the coherence of the national tax system – Need to preserve a balanced distribution of the power of taxation between Member States – None.#Case C-537/20.

CELEX:62021CJ0352: Judgment of the Court (Sixth Chamber) of 27 April 2023.#A1 and A2 v I.#Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Rules of jurisdiction in matters relating to insurance – Article 15(5) – Possibility of departing from those jurisdictional rules by agreement – Article 16(5) – Directive 2009/138/EC – Article 13(27) – Concept of ‘large risks’ – Hull insurance contract – Jurisdiction clause between the insurer and the insured – Enforceability of that clause against the insured – Pleasure craft not used for commercial purposes.#Case C-352/21.

CELEX:62022CJ0192: Judgment of the Court (Sixth Chamber) of 27 April 2023.#FI v Bayerische Motoren Werke AG.#Reference for a preliminary ruling – Social policy – Directive 2003/88/EC – Article 7(1) – Article 31(2) of the Charter of Fundamental Rights of the European Union – Right to paid annual leave – Lapse of that right – Progressive retirement scheme – Days of annual leave acquired under that scheme but as yet untaken – Incapacity for work.#Case C-192/22.