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CELEX:62021CA0068: Joined Cases C-68/21 and C-84/21: Judgment of the Court (Sixth Chamber) of 27 October 2022 (requests for a preliminary ruling from the Consiglio di Stato — Italy) — Iveco Orecchia SpA v APAM Esercizio SpA (C-68/21), Brescia Trasporti SpA (C-84/21) (References for a preliminary ruling — Approximation of laws — Motor vehicles — Directive 2007/46/EC — Technical specifications — Offer to supply spare parts equivalent to the originals of a specific mark — Absence of proof of type-approval — Declaration of equivalence to the original by the tenderer — Concept of ‘manufacturer’ — Means of proof — Public procurement — Directive 2014/25/EU)

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CELEX:62021CA0066: Case C-66/21: Judgment of the Court (Fourth Chamber) of 20 October 2022 (request for a preliminary ruling from the Rechtbank Den Haag — Netherlands) — O.T.E. v Staatssecretaris van Justitie en Veiligheid (Reference for a preliminary ruling — Border controls, asylum and immigration — Asylum policy — Residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate irregular immigration, who cooperate with the competent authorities — Directive 2004/81/EC — Article 6 — Scope — Third-country national claiming to be the victim of an offence related to the trafficking in human beings — Entitlement to the reflection period provided for in Article 6(1) of that directive — Prohibition on enforcing an expulsion measure — Definition — Scope — Calculation of that reflection period — Regulation (EU) No 604/2013 — Criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person — Transfer to the Member State responsible for examining that application for international protection)

December 12, 2022 No Comments

CELEX:62020CA0721: Case C-721/20: Judgment of the Court (Fourth Chamber) of 27 October 2022 (request for a preliminary ruling from the Kammergericht Berlin — Germany) — DB Station & Service AG v ODEG Ostdeutsche Eisenbahn GmbH (Reference for a preliminary ruling — Rail transport — Article 102 TFEU — Abuse of a dominant position — Directive 2001/14/EC — Access to railway infrastructure — Article 30 — Railway regulatory body — Review of infrastructure charges — National courts — Review of charges in the light of competition law — Division of competence between the regulatory authority and the national courts)

December 12, 2022 No Comments

CELEX:62020CA0604: Case C-604/20: Judgment of the Court (Third Chamber) of 20 October 2022 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — ROI Land Investments Ltd. v FD (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 6 — Defendant not domiciled in a Member State — Article 17 — Jurisdiction over consumer contracts — Concept of ‘trade or profession’ — Article 21 — Jurisdiction over individual contracts of employment — Concept of ‘employer’ — Relationship of subordination — Regulation (EC) No 593/2008 — Applicable law — Article 6 — Individual employment contract — Letter of comfort between the employee and a third party company ensuring fulfilment of the employer’s obligations vis-à-vis that employee)

December 12, 2022 No Comments

CELEX:62020CA0585: Case C-585/20: Judgment of the Court (Third Chamber) of 20 October 2022 (request for a preliminary ruling from the Juzgado Contencioso-Administrativo No 2 de Valladolid — Spain) — BFF Finance Iberia S.A.U v Gerencia Regional de Salud de la Junta de Castilla y León (Reference for a preliminary ruling — Directive 2011/7/EU — Combating late payment in commercial transactions — Recovery from a public authority of claims assigned by undertakings to a debt collection agency — Compensation for the recovery costs incurred by the creditor in the event of late payment by the debtor — Article 6 — Fixed minimum sum of EUR 40 — Transactions between undertakings and public authorities — Article 4 — Procedure for certification of the conformity of goods or services — Payment period — Article 2(8) — Concept of ‘amount due’ — Taking account of value added tax for the purpose of calculating interest for late payment)

December 12, 2022 No Comments

CELEX:62020CA0473: Case C-473/20: Judgment of the Court (First Chamber) of 20 October 2022 (request for a preliminary ruling from the Sofiyski rayonen sad — Bulgaria) — ‘Invest Fund Management’ AD v Komisia za finansov nadzor (Reference for a preliminary ruling — Approximation of laws — Directive 2009/65/EC — Undertakings for collective investment in transferable securities (UCITS) — UCITS management companies — Obligations concerning information to be provided to investors — Article 72 — Obligation to keep the ‘essential elements of the prospectus’ up to date — Scope — Article 69(2) — Information specified in Schedule A of Annex I — Composition of a body of the management company — Article 99a(r) — Transposition into national law — National regulation extending the scope for detection of and imposition of a penalty for an offence relating to the keeping up to date of the prospectus)

December 12, 2022 No Comments

CELEX:62021CA0539: Case C-539/21 P: Judgment of the Court (Eighth Chamber) of 27 October 2022 — CE v Committee of the Regions (Appeal — Civil Service — Temporary Staff — Conditions of Employment of Other Servants of the European Union — Article 2(c) — Contract for an indefinite period — Early termination with notice — Article 47(c)(i) — Breakdown in relationship of trust — Terms implementing the notice — Manifest error of assessment and error of law — Omissions — Action for annulment and for damages)

December 12, 2022 No Comments

CELEX:62021CA0418: Case C-418/21: Judgment of the Court (Second Chamber) of 27 October 2022 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Orthomol pharmazeutische Vertriebs GmbH v Verband Sozialer Wettbewerb eV (Reference for a preliminary ruling — Food safety — Food — Regulation (EU) No 609/2013 — Article 2(2)(g) — Delegated Regulation (EU) 2016/128 — Food for special medical purposes — Other particular nutritional requirements — Food providing a general benefit for the patient — Distinction in relation to medicinal products)

December 12, 2022 No Comments

CELEX:62021CA0485: Case C-485/21: Judgment of the Court (Eighth Chamber) of 27 October 2022 (request for a preliminary ruling from the Rayonen sad — Nesebar — Bulgaria) — ‘S.V.’ OOD v E. Ts. D. (Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Article 2(b) — Concept of ‘consumer’ — Article 2(c) — Concept of ‘seller or supplier’ — Natural person who owns an apartment in a building in co-ownership — Different types of legal relationships relating to the management and maintenance of that building — Difference in treatment, as regards the status of consumer, arising from the law of a Member State between co-owners who have concluded an individual contract for the management and maintenance of the communal areas of such a building and those who have not concluded such a contract)

December 12, 2022 No Comments

CELEX:62021CA0411: Case C-411/21: Judgment of the Court (Seventh Chamber) of 27 October 2022 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Instituto do Cinema e do Audiovisual IP v NOWO Communications SA (Reference for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Services consisting in the creation and production of cinematographic and audiovisual works — Operators of subscription television services — Subscription fee payable by subscription television operators — Allocation of the revenue from the fee — Restriction — Effects too uncertain or too indirect)

December 12, 2022 No Comments

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