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CELEX:62020CA0225: Case C-225/20: Judgment of the Court (Sixth Chamber) of 16 December 2021 (request for a preliminary ruling from the Curtea de Apel Constanţa — Romania) — Euro Delta Danube SRL v Agenţia de Plăţi şi Intervenţie pentru Agricultură — Centrul Judeţean Tulcea (Reference for a preliminary ruling — Agriculture — Common agricultural policy — Delegated Regulation (EU) No 640/2014 — Area-related aid scheme — Single area payment — Eligibility criteria — Concession agreement for agricultural land — Change of use of that land without the agreement of the grantor — Agricultural use of areas intended for aquaculture use — Difference between the area declared and the area determined — Over-declaration — Administrative penalties)

February 21, 2022 No Comments

CELEX:62020CA0243: Case C-243/20: Judgment of the Court (Sixth Chamber) of 21 December 2021 (request for a preliminary ruling from the Polymeles Protodikeio Athinon — Greece) — DP, SG v Trapeza Peiraios AE (Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms — Article 1(2) — Contractual terms which reflect mandatory statutory or regulatory provisions — Exclusion from the scope of that directive — Loan repayable in a foreign currency — Term which reflects a national provision of non-mandatory law — Relevance of the failure to transpose Article 1(2) — Article 3(1) and Article 4(1) — Review of the unfairness of a term — Article 8 — Adoption or retention of provisions which ensure a higher level of protection for consumers — Interaction between those various provisions of Directive 93/13)

February 21, 2022 No Comments

CELEX:62020CA0203: Case C-203/20: Judgment of the Court (Third Chamber) of 16 December 2021 (request for a preliminary ruling from the Okresný súd Bratislava III — Slovakia) — Criminal proceedings against AB and Others (Reference for a preliminary ruling — Judicial cooperation in criminal matters — European arrest warrant — Charter of Fundamental Rights of the European Union — Scope — Article 51 — Implementation of EU law — Framework Decision 2002/584/JHA — Jurisdiction of the Court — Reference made before the issue of a European arrest warrant — Admissibility — Principle ne bis in idem — Article 50 — Concepts of ‘acquittal’ and ‘conviction’ — Amnesty in the issuing Member State — Final decision discontinuing a criminal prosecution — Revocation of the amnesty — Setting-aside of the decision discontinuing the criminal prosecution — Resumption of proceedings — Need for a decision taken after a determination of the criminal liability of the person concerned — Directive 2012/13/EU — Right to information in criminal proceedings — Scope — Concept of ‘criminal proceedings’ — Legislative procedure for the adoption of a resolution relating to the revocation of an amnesty — Judicial procedure for review of the compliance of that resolution with the national Constitution)

February 21, 2022 No Comments

CELEX:62020CA0124: Case C-124/20: Judgment of the Court (Grand Chamber) of 21 December 2021 (request for a preliminary ruling from the Hanseatisches Oberlandesgericht Hamburg — Germany) — Bank Melli Iran v Telekom Deutschland GmbH (Reference for a preliminary ruling — Commercial policy — Regulation (EC) No 2271/96 — Protection against the effects of the extraterritorial application of legislation adopted by a third country — Restrictive measures taken by the United States of America against Iran — Secondary sanctions adopted by that third country preventing persons from engaging, outside its territory, in commercial relationships with certain Iranian undertakings — Prohibition on complying with such a law — Exercise of the right of ordinary termination)

February 21, 2022 No Comments

CELEX:62020CA0146: Joined Cases C-146/20, C-188/20, C-196/20 and C-270/20: Judgment of the Court (First Chamber) of 21 December 2021 (requests for a preliminary ruling from the Landgericht Düsseldorf, Landesgericht Korneuburg — Germany, Austria) — AD, BE, CF v Corendon Airlines (C-146/20), JG, LH, MI, NJ v OP, acting as liquidator of Azurair GmbH (C-188/20), Eurowings GmbH v flightright GmbH (C-196/20), AG, MG, HG v Austrian Airlines AG (C-270/20) (References for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights — Articles 2 and 3 — Concepts of ‘operating air carrier’, ‘confirmed reservation’ and ‘scheduled time of arrival’ — Articles 5, 7 and 8 — Flight departure time brought forward in relation to the original planned departure time — Classification — Reduction in the amount of compensation — Offer of re-routing — Article 14 — Obligation to inform passengers of their rights — Scope)

February 21, 2022 No Comments

CELEX:62019CA0934: Case C-934/19 P: Judgment of the Court (Third Chamber) of 21 December 2021 — Algebris (UK) Ltd, Anchorage Capital Group LLC v Single Resolution Board (SRB) (Appeal — Economic and monetary union — Banking union — Recovery and resolution of credit institutions and investment firms — Single resolution mechanism for credit institutions and certain investment firms (SRM) — Single Resolution Board (SRB) — Resolution procedure applicable where an entity is failing or is likely to fail — Adoption of a resolution scheme in respect of Banco Popular Español SA — Sale of business tool — Write-down and conversion of capital instruments — Regulation (EU) No 806/2014 — Article 20 — Concept of ‘definitive valuation’ — Consequences — Refusal or failure to proceed with an ex post definitive valuation — Remedies — Action for annulment)

February 21, 2022 No Comments

CELEX:62019CA0876: Case C-876/19 P: Judgment of the Court (Ninth Chamber) of 21 December 2021 — PlasticsEurope AISBL v European Chemicals Agency, French Republic, ClientEarth (Appeal — Establishment of a list of substances subject to authorisation — List of substances identified with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 — Updating of the entry of the substance bisphenol A as a substance of very high concern)

February 21, 2022 No Comments

CELEX:62019CA0724: Case C-724/19: Judgment of the Court (Fourth Chamber) of 16 December 2021 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal proceedings against HP (Reference for a preliminary ruling — Judicial cooperation in criminal matters — European Investigation Order (EIO) — Directive 2014/41/EU — Article 2(c)(i) — Concept of ‘issuing authority’ — Article 6 — Conditions for issuing an EIO — Article 9(1) and (3) — Recognition of an EIO — EIO seeking to obtain traffic and location data associated with telecommunications, issued by a public prosecutor designated as ‘issuing authority’ by the national measure transposing Directive 2014/41 — Exclusive competence of the judge, in a similar domestic case, to order the investigative measure indicated in that order)

February 21, 2022 No Comments

CELEX:62019CA0874: Case C-874/19 P: Judgment of the Court (Third Chamber) of 21 December 2021 — Aeris Invest Sàrl v Single Resolution Board (SRB) (Appeal — Economic and monetary union — Banking union — Recovery and resolution of credit institutions and investment firms — Single resolution mechanism for credit institutions and certain investment firms (SRM) — Single Resolution Board (SRB) — Resolution procedure applicable where an entity is failing or is likely to fail — Adoption of a resolution scheme in respect of Banco Popular Español SA — Sale of business tool — Write-down and conversion of capital instruments — Regulation (EU) No 806/2014 — Article 20 — Concept of ‘definitive valuation’ — Consequences — Refusal or failure to proceed with an ex post definitive valuation — Remedies — Action for annulment)

February 21, 2022 No Comments

CELEX:62019CA0478: Joined Cases C-478/19 and C-479/19: Judgment of the Court (Second Chamber) of 16 December 2021 (requests for a preliminary ruling from the Corte suprema di cassazione — Italy) — UBS Real Estate Kapitalanlagegesellschaft mbH v Agenzia delle Entrate (Reference for a preliminary ruling — Free movement of capital — Closed-ended mutual investment funds — Open-ended mutual investment funds — Investments in real estate — Mortgage registration tax and land registry fees — Tax advantage granted only to closed-ended real estate investment funds — Difference in treatment — Comparability of situations — Objective criteria of differentiation)

February 21, 2022 No Comments

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