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CELEX:62021CB0505: Case C-505/21: Order of the Court (Ninth Chamber) of 16 December 2021 (Request for a preliminary ruling from the Tribunal du travail de Liège — Belgium) — FU v Agence fédérale pour l’Accueil des Demandeurs d’Asile (Fedasil) (Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Asylum policy — Criteria and mechanisms for determining the Member State responsible for examining an application for international protection — Regulation (EU) No 604/2013 (Dublin III) — Article 27 — Remedies against a transfer decision — Article 27 — Remedies against a transfer decision — No link between the interpretation of EU law that is sought and the actual facts of the main action or its purpose — Manifest inadmissibility)

May 23, 2022 No Comments

CELEX:62020CB0287: Case C-287/20: Order of the Court (Eighth Chamber) of 10 January 2022 (request for a preliminary ruling from the Amtsgericht Hamburg — Germany) — EL, CP v Ryanair DAC (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Air transport — Regulation (EC) No 261/2004 — Article 5(3) — Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights — Exemption from the obligation to pay compensation — Concept of ‘extraordinary circumstances’ — Strike by cabin crew and pilots — Circumstances that are ‘internal’ and ‘external’ to the operating air carrier’s activity — Charter of Fundamental Rights of the European Union — Articles 12 and 28 — Articles 12 and 28 of the Charter of Fundamental Rights of the European Union — No infringement of the workers’ freedom of assembly and association and the air carrier’s right of negotiation)

May 23, 2022 No Comments

CELEX:62021CB0467: Case C-467/21: Order of the Court (Tenth Chamber) of 16 December 2021 (request for a preliminary ruling from the Consiglio de Stato — Italy) — Comune di Venezia v Telecom Italia SpA, Infrastrutture Wireless Italiane SpA — Inwit SpA (Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Approximation of laws — Electronic communications networks and services — Restrictions on the installation of mobile phone base transceiver stations established by local authorities — Insufficient details concerning the reasons why an answer to the question referred is necessary for the outcome of the dispute in the main proceedings — Manifest inadmissibility)

May 23, 2022 No Comments

CELEX:62021CA0231: Case C-231/21: Judgment of the Court (Seventh Chamber) of 31 March 2022 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — IA v Bundesamt für Fremdenwesen und Asyl (Reference for a preliminary ruling — Area of freedom, security and justice — Dublin system — Regulation (EU) No 604/2013 — Article 29(2) — Transfer of the asylum seeker to the Member State responsible for examining the application for international protection — Six-month time limit for transfer — Possibility of extending that time limit up to a maximum of one year in the event of imprisonment — Definition of ‘imprisonment’ — Court-authorised non-voluntary committal of the asylum seeker to a hospital psychiatric department)

May 23, 2022 No Comments

CELEX:62021CA0195: Case C-195/21: Judgment of the Court (Eighth Chamber) of 31 March 2022 (request for a preliminary ruling from the Rayonen sad Lukovit — Bulgaria) — LB v Smetna palata na Republika Bulgaria (Reference for a preliminary ruling — Public procurement — Directive 2014/24/EU — Applicability to a purely internal situation — Article 58(1) and (4) — Selection criteria — Technical and professional ability of the tenderers — Protection of the financial interests of the European Union — Council Regulation (EC, Euratom) No 2988/95 — Article 8(3) — Control measures — Possibility for national authorities protecting the financial interests of the European Union to assess differently a public procurement procedure)

May 23, 2022 No Comments

CELEX:62021CA0096: Case C-96/21: Judgment of the Court (Eighth Chamber) of 31 March 2022 (request for a preliminary ruling from the Amtsgericht Bremen — Germany) — DM v CTS Eventim AG & Co. KGaA (Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Right of withdrawal for distance and off-premises contracts — Exceptions to the right of withdrawal — Article 16(l) — Provision of services related to leisure activities — Contract providing for a specific date or period of performance — Provision of ticket agency services — Intermediary acting in its name but on behalf of the organiser of a leisure activity — Risk associated with the exercise of the right of withdrawal)

May 23, 2022 No Comments

CELEX:62020CA0472: Case C-472/20: Judgment of the Court (Sixth Chamber) of 31 March 2022 (request for a preliminary ruling from the Fővárosi Törvényszék — Hungary) — Lombard Pénzügyi és Lízing Zrt. v PN (Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms — Loan contracts — Loan denominated in a foreign currency and repayable in the national currency — Contractual term placing the foreign exchange risk on the consumer — Unfairness of a term relating to the main subject matter of the contract — Effects — Invalidity of the contract — Serious damage to the consumer — Effectiveness of Directive 93/13 — Non-binding opinion of the supreme court — Possibility of restoring the parties to the situation they would have been in if that contract had not been concluded)

May 23, 2022 No Comments

CELEX:62020CA0687: Case C-687/20: Judgment of the Court (Eighth Chamber) of 31 March 2022 — European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations — Environment — Directive 2002/49/EC — Assessment and management of environmental noise — Agglomerations, major roads and major railways — Article 7(2) — Strategic noise maps — Article 8(2) — Action plans — Article 10(2) — Annex VI — Information provided by the strategic noise maps — Summaries of action plans — Failure to communicate to the European Commission within the periods prescribed)

May 23, 2022 No Comments

CELEX:62020CA0139: Case C-139/20: Judgment of the Court (First Chamber) of 31 March 2022 — European Commission v Republic of Poland (Failure of a Member State to fulfil obligations — Taxation of energy products used by energy-intensive businesses — Directive 2003/96/EC — Article 17(1)(b) and (4) — Businesses covered by the EU Emissions Trading System — Exemption from excise duty)

May 23, 2022 No Comments

CELEX:62020CA0132: Case C-132/20: Judgment of the Court (Grand Chamber) of 29 March 2022 (request for a preliminary ruling from the Sąd Najwyższy — Poland) — BN, DM, EN v Getin Noble Bank S.A. (Reference for a preliminary ruling — Admissibility — Article 267 TFEU — Concept of ‘court or tribunal’ — Article 19(1) TEU — Article 47 of the Charter of Fundamental Rights of the European Union — Rule of law — Effective judicial protection — Principle of judicial independence — Tribunal previously established by law — Judicial body, a member of which was appointed for the first time to the position of judge by a political body within the executive branch of an undemocratic regime — Way in which the Krajowa Rada Sądownictwa (National Council of the Judiciary, Poland) operates — Unconstitutionality of the law on the basis of which that council was composed — Whether that body is to be considered to be an impartial and independent court or tribunal within the meaning of EU law)

May 23, 2022 No Comments

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