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CELEX:62021CA0237: Case C-237/21: Judgment of the Court (Grand Chamber) of 22 December 2022 (request for a preliminary ruling from the Oberlandesgericht München — Germany) — Proceedings relating to the extradition of S.M. (Reference for a preliminary ruling — Citizenship of the European Union — Articles 18 and 21 TFEU — Request sent to a Member State by a third State for the extradition of a Union citizen who is a national of another Member State and who has exercised his right to free movement in the first of those Member States — Request made for the purpose of enforcing a custodial sentence — Prohibition on extradition applied solely to own nationals — Restriction of freedom of movement — Justification based on the prevention of impunity — Proportionality)

February 13, 2023 No Comments

CELEX:62020CA0530: Case C-530/20: Judgment of the Court (Grand Chamber) of 22 December 2022 (request for a preliminary ruling from the Satversmes tiesa — Latvia) — ‘EUROAPTIEKA’ SIA (Reference for a preliminary ruling — Medicinal products for human use — Directive 2001/83/EC — Article 86(1) — Concept of ‘advertising of medicinal products’ — Article 87(3) — Rational use of medicinal products — Article 90 — Prohibited advertising methods — Advertising of medicinal products not subject to medical prescription and not reimbursed — Advertising by price — Advertising of promotional offers — Advertising of bundled sales — Prohibition)

February 13, 2023 No Comments

CELEX:62020CA0040: Joined Cases C-40/20 and C-173/20: Judgment of the Court (Sixth Chamber) of 15 December 2022 (requests for a preliminary ruling from the Consiglio di Stato — Italy) — AQ, BO and CP (C-40/20), as well as AZ, BY, CX, DW, EV, FU and GJ (C-173/20) v Presidenza del Consiglio dei Ministri, Ministero dell’Istruzione, dell’Università e della Ricerca — MIUR, and Università degli studi di Perugia (References for a preliminary ruling — Social policy — Fixed-term work — Directive 1999/70/EC — Framework agreement — Principle of non-discrimination — Measures to prevent abuse of successive fixed-term employment contracts — Public-law fixed-term employment relationship — University researchers)

February 13, 2023 No Comments

CELEX:62020CA0470: Case C-470/20: Judgment of the Court (First Chamber) of 15 December 2022 (request for a preliminary ruling from the Riigikohus — Estonia) — AS Veejaam, OÜ Espo v AS Elering (Reference for a preliminary ruling — State aid — Renewable energy subsidy — Guidelines on State aid for environmental protection and energy 2014-2020 — Incentive effect of aid applied for after work has started on the project concerned — Article 108(3) TFEU — Obligation to notify — Consequences of breach of the obligation to notify)

February 13, 2023 No Comments

CELEX:62020CA0125: Case C-125/20: Judgment of the Court (Sixth Chamber) of 22 December 2022 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Environment — Directive 2008/50/EC — Ambiant air quality — Article 13(1) — Annex XI — Systematic and persistent exceedance of the limit values for nitrogen dioxide (NO2) in certain Spanish zones and agglomerations — Article 23(1) — Annex XV — Exceedance period to be ‘as short as possible’ — Appropriate measures)

February 13, 2023 No Comments

CELEX:62021CA0148: Joined Cases C-148/21 and C-184/21: Judgment of the Court (Grand Chamber) of 22 December 2022 (requests for a preliminary ruling from the Tribunal d’arrondissement de Luxembourg — Luxembourg — and from the Tribunal de l’entreprise francophone de Bruxelles — Belgium) — Christian Louboutin v Amazon Europe Core Sàrl (C-148/21), Amazon EU Sàrl (C-148/21), Amazon Services Europe Sàrl (C-148/21), Amazon.com Inc. (C-184/21), Amazon Services LLC (C-184/21) (Reference for a preliminary ruling — EU trade mark — Regulation (EU) 2017/1001 — Article 9(2)(a) — Rights conferred by an EU trade mark — Concept of ‘use’ — Operator of an online sales website incorporating an online marketplace — Advertisements published on that marketplace by third-party sellers using, in those advertisements, a sign which is identical with a trade mark of another person for goods which are identical with those for which that trade mark is registered — Perception of that sign as forming an integral part of the commercial communication of that operator — Method of presenting the advertisements which does not make it possible to distinguish clearly the offerings of that operator from those of the third-party sellers)

February 13, 2023 No Comments

CELEX:62021CA0115: Case C-115/21 P: Judgment of the Court (Fourth Chamber) of 22 December 2022 — Oriol Junqueras i Vies v European Parliament (Appeal — Institutional law — Members of the European Parliament — Loss of eligibility following a criminal conviction — Declaration that the seat of a Member of the European Parliament is vacant — Request to take an initiative as a matter of urgency to assert the immunity of a Member of the European Parliament — Action for annulment — Inadmissibility)

February 13, 2023 No Comments

CELEX:62021CA0061: Case C-61/21: Judgment of the Court (Grand Chamber) of 22 December 2022 (request for a preliminary ruling from the Cour administrative d’appel, Versailles — France) — JP v Ministre de la Transition écologique, Premier ministre (Reference for a preliminary ruling — Environment — Directives 80/779/EEC, 85/203/EEC, 96/62/EC, 1999/30/EC and 2008/50/EC — Air quality — Limit values for microparticles (PM10) and nitrogen dioxide (NO2) — Exceeded — Air quality plans — Damage caused to an individual on account of deterioration of the air resulting from the exceedance of those limit values — Liability of the Member State concerned — Conditions for establishing that liability — Requirement that the rule of EU law infringed be intended to confer rights on the individuals who have been harmed — No such intention)

February 13, 2023 No Comments

CELEX:62021CA0083: Case C-83/21: Judgment of the Court (Second Chamber) of 22 December 2022 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Airbnb Ireland UC plc, Airbnb Payments UK Ltd v Agenzia delle Entrate (Reference for a preliminary ruling — Internal market — Article 114(2) TFEU — Exclusion of fiscal provisions — Directive 2000/31/EC — Information society services — Electronic commerce — Online property intermediation platform — Article 1(5)(a) — Exclusion of the ‘field of taxation’ — Directive 2006/123/EC — Services in the internal market — Article 2(3) — Exclusion of the ‘field of taxation’ — Directive (EU) 2015/1535 — Article 1(1)(e) and (f) — Concepts of ‘rule on services’ and ‘technical regulation’ — Obligation on providers of property intermediation services to collect and transmit to the tax authorities data on rental contracts and to withhold tax at source on the payments made — Obligation on service providers that do not have a permanent establishment in Italy to appoint a tax representative — Article 56 TFEU — Restrictive nature — Legitimate objective — Disproportionate nature of the obligation to appoint a tax representative — Third paragraph of Article 267 TFEU — Prerogatives of a national court or tribunal against whose decisions there is no judicial remedy under national law)

February 13, 2023 No Comments

CELEX:62021CA0088: Case C-88/21: Judgment of the Court (First Chamber) of 15 December 2022 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — Regionų apygardos administracinio teismo Kauno rūmai (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Second generation Schengen Information System (SIS II) — Decision 2007/533/JHA — Alert on an object sought — Article 38 — Objectives of the alert — Seizure or use as evidence in criminal proceedings — Article 39 — Execution of the action based on an alert — Measures taken in accordance with the national law of the Member States — National legislation laying down an obligation to prohibit the registration of vehicles which are the subject of alerts in SIS II)

February 13, 2023 No Comments

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