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CELEX:62020CA0181: Case C-181/20: Judgment of the Court (Grand Chamber) of 25 January 2022 (request for a preliminary ruling from the Nejvyšší soud — Czech Republic) — VYSOČINA WIND a.s. v Česká republika — Ministerstvo životního prostředí (Reference for a preliminary ruling — Environment — Directive 2012/19/EU — Waste electrical and electronic equipment — Obligation to finance the costs relating to the management of waste from photovoltaic panels — Retroactive effect — Principle of legal certainty — Incorrect transposition of a directive — Liability of the Member State)

March 14, 2022 No Comments

CELEX:62020CA0234: Case C-234/20: Judgment of the Court (Third Chamber) of 27 January 2022 (request for a preliminary ruling from the Augstākā tiesa (Senāts) — Latvia) — ‘Sātiņi-S’ SIA (Reference for a preliminary ruling — European Agricultural Fund for Rural Development (EAFRD) — Regulation (EU) No 1305/2013 — Support for rural development — Article 30(6)(a) — Natura 2000 payments — Compensation for income foregone in agricultural and forest areas — Peat bogs — Prohibition of establishing plantations of cranberries — No compensation for damage — Charter of Fundamental Rights of the European Union — Article 17 — Right to property)

March 14, 2022 No Comments

CELEX:62020CA0179: Case C-179/20: Judgment of the Court (Fifth Chamber) of 27 January 2022 (request for a preliminary ruling from the Curtea de Apel Bucureşti — Romania) — Fondul Proprietatea SA v Guvernul României, SC Complexul Energetic Hunedoara SA, in liquidation, SC Complexul Energetic Oltenia SA and Compania Naţională de Transport al Energiei Electrice ‘Transelectrica’ SA (Reference for a preliminary ruling — Internal market in electricity — Directive 2009/72/EC — Article 15(4) — Priority dispatch — Security of supply — Article 32(1) — Free third-party access — Guaranteed access to transmission systems — Directive 2009/28/EC — Article 16(2) — Guaranteed access — Article 107(1) TFEU — Article 108(3) TFEU — State aid)

March 14, 2022 No Comments

CELEX:62020CA0165: Case C-165/20: Judgment of the Court (Fifth Chamber) of 20 January 2022 (request for a preliminary ruling from the Verwaltungsgericht Berlin — Germany) — ET acting as insolvency administrator of Air Berlin PLC & Co. Luftverkehrs KG v Bundesrepublik Deutschland (Reference for a preliminary ruling — Scheme for greenhouse gas emission allowance trading — Directive 2003/87/EC — Article 3e — Inclusion of aviation activities — Directive 2008/101/EC — Allocation and issue of allowances free of charge to aircraft operators — Cessation, by such an operator, of its activities due to insolvency — Decision of the competent national authority refusing to issue allowances to the insolvency administrator of the company in liquidation)

March 14, 2022 No Comments

CELEX:62020CA0118: Case C-118/20: Judgment of the Court (Grand Chamber) of 18 January 2022 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — JY v Wiener Landesregierung (Reference for a preliminary ruling — Citizenship of the Union — Articles 20 and 21 TFEU — Scope — Renunciation of the nationality of one Member State in order to obtain the nationality of another Member State in accordance with the assurance given by the latter to naturalise the person concerned — Revocation of that assurance on grounds of public policy or public security — Principle of proportionality — Statelessness)

March 14, 2022 No Comments

CELEX:62020CA0090: Case C-90/20: Judgment of the Court (Second Chamber) of 20 January 2022 (request for a preliminary ruling from the Højesteret — Denmark) — Apcoa Parking Danmark A/S v Skatteministeriet (Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 2(1)(c) — Scope — Taxable transactions — Activities carried out by a company incorporated under private law — Operation of car parks on private land — Control fees levied by that company in the event of failure by the motorists to comply with the general terms and conditions for use of those car parks — Characterisation — Economic and commercial realities of the transactions)

March 14, 2022 No Comments

CELEX:62020CA0051: Case C-51/20: Judgment of the Court (Second Chamber) of 20 January 2022 — European Commission v Hellenic Republic (Failure of a Member State to fulfil obligations — State aid — Aid declared unlawful and incompatible with the internal market — Obligation of recovery — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Non-compliance — Failure to comply with the obligation to recover unlawful and incompatible aid — Financial penalties — Proportionality and dissuasiveness — Periodic penalty payment — Lump sum — Ability to pay — Weighting of the Member State’s voting rights in the European Parliament)

March 14, 2022 No Comments

CELEX:62019CA0899: Case C-899/19 P: Judgment of the Court (Fourth Chamber) of 20 January 2022 — Romania v European Commission, Hungary (Appeal — Law governing the institutions — Citizens’ initiative — Regulation (EU) No 211/2011 — Article 4(2)(b) — Registration of a proposed citizens’ initiative — Condition requiring that that proposed citizens’ initiative does not manifestly fall outside the framework of the European Commission’s powers to submit a proposal for a legal act for the purpose of implementing the Treaties — Decision (EU) 2017/652 — Citizens’ initiative ‘Minority SafePack — one million signatures for diversity in Europe’ — Registration in part — Article 5(2) TEU — Principle of conferral — Article 296 TFEU — Obligation to state reasons — Audi alteram partem rule)

March 14, 2022 No Comments

CELEX:62019CA0891: Case C-891/19 P: Judgment of the Court (Third Chamber) of 20 January 2022 — European Commission v Hubei Xinyegang Special Tube Co. Ltd, ArcelorMittal Tubular Products Roman SA, Válcovny trub Chomutov a.s., Vallourec Deutschland GmbH (Appeal — Dumping — Implementing Regulation (EU) 2017/804 — Imports of certain seamless pipes and tubes originating in China — Definitive anti-dumping duty — Regulation (EU) 2016/1036 — Article 3(2), (3) and (6), and Article 17 — Determination of injury — Examination of the effect of dumped imports on the prices of like products sold on the EU market — Analysis of price undercutting — Application of the product control number (PCN) method — Obligation of the European Commission to take into account the different market segments relating to the product under consideration and all sales of like products by the sampled EU producers)

March 14, 2022 No Comments

CELEX:62019CA0638: Case C-638/19 P: Judgment of the Court (Grand Chamber) of 25 January 2022 — European Commission v European Food SA and Others (Appeal — State aid — Articles 107 and 108 TFEU — Bilateral Investment Treaty — Arbitration clause — Romania — Accession to the European Union — Repeal of a tax incentives scheme prior to accession — Arbitral award granting payment of damages after accession — European Commission decision declaring that payment to be State aid incompatible with the internal market and ordering its recovery — Competence of the Commission — Application ratione temporis of EU law — Determination of the date at which the right to receive aid is conferred on the beneficiary — Article 19 TEU — Articles 267 and 344 TFEU — Autonomy of EU law)

March 14, 2022 No Comments

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