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CELEX:62020CA0169: Case C-169/20: Judgment of the Court (Ninth Chamber) of 2 September 2021 — European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations — Article 110 TFEU — Internal taxation — Discriminatory taxation — Prohibition — Second-hand vehicles imported from other Member States — Component of the registration tax calculated on the basis of carbon dioxide emissions — Failure to take into account the depreciation of the vehicle)

November 15, 2021 No Comments

CELEX:62020CA0100: Case C-100/20: Judgment of the Court (Fifth Chamber) of 9 September 2021 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — XY v Hauptzollamt B (Reference for a preliminary ruling — Taxation — Taxation of energy products and electricity — Directive 2003/96/EC — Article 17(1)(a) — Tax reductions on the consumption of energy products and electricity in favour of energy-intensive businesses — Optional reduction — Arrangements governing the repayment of tax levied in breach of provisions of national law adopted on the basis of a power granted to the Member States in that directive — Payment of interest — Principle of equal treatment)

November 15, 2021 No Comments

CELEX:62020CA0066: Case C-66/20: Judgment of the Court (Fourth Chamber) of 2 September 2021 (request for a preliminary ruling from the Procura della Repubblica di Trento — Italy) — Proceedings relating to the recognition and execution of a European Investigation Order (EIO) concerning XK (Reference for a preliminary ruling — Article 267 TFEU — Definition of ‘court or tribunal of a Member State’ — Criteria — Procura della Repubblica di Trento (Public Prosecutor’s Office, Trento, Italy) — Inadmissibility of the request for a preliminary ruling)

November 15, 2021 No Comments

CELEX:62020CA0034: Case C-34/20: Judgment of the Court (Eighth Chamber) of 2 September 2021 (request for a preliminary ruling from the Verwaltungsgericht Köln — Germany) — Telekom Deutschland GmbH v Bundesrepublik Deutschland, represented by the Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen (Reference for a preliminary ruling — Electronic communications — Regulation (EU) 2015/2120 — Article 3 — Open internet access — Article 3(1) — End users’ rights — Article 3(2) — Prohibition of agreements and commercial practices limiting the exercise of end users’ rights — Article 3(3) — Obligation of equal and non-discriminatory treatment of traffic — Possibility of implementing reasonable traffic management measures — Additional ‘zero tariff’ option — Limitation on bandwidth)

November 15, 2021 No Comments

CELEX:62020CA0022: Case C-22/20: Judgment of the Court (Fourth Chamber) of 2 September 2021 — European Commission v Kingdom of Sweden (Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Articles 4, 5, 10 and 15 — Urban waste-water treatment — Secondary or equivalent treatment of urban waste water from agglomerations of certain dimensions — More stringent treatment of discharges into sensitive areas — Article 4(3) TEU — Verification of data provided by the Member States — Obligation of sincere cooperation)

November 15, 2021 No Comments

CELEX:62020CA0033: Joined Cases C-33/20, C-155/20 and C-187/20: Judgment of the Court (Sixth Chamber) of 9 September 2021 (requests for a preliminary ruling from the Landgericht Ravensburg — Germany) — UK v Volkswagen Bank GmbH (C-33/20), RT, SV, BC v Volkswagen Bank GmbH, Skoda Bank, succursale de Volkswagen Bank GmbH (C-155/20), JL, DT v BMW Bank GmbH, Volkswagen Bank GmbH (C-187/20) (Reference for a preliminary ruling — Consumer protection — Directive 2008/48/EC — Consumer credit — Article 10(2) — Information which must be included in the agreement — Obligation to state the type of credit, the duration of the credit agreement, the rate of interest on arrears and the mechanism for adjusting the rate of interest on arrears applicable at the time of conclusion of the credit agreement — Change in the default interest rate in the light of a change in the base interest rate determined by the central bank of a Member State — Compensation due in the event of early repayment of the loan — Obligation to specify the method of calculating the change to the default interest rate and the compensation — No obligation to mention the possibilities for terminating the credit agreement provided for by national rules but not by Directive 2008/48 — Article 14(1) — Right of withdrawal exercised by the consumer on the basis of a failure to make a compulsory indication under Article 10(2) — Exercise outside the time limit — Prohibition on the creditor raising a plea of forfeiture or the plea of abuse of rights)

November 15, 2021 No Comments

CELEX:62020CA0018: Case C-18/20: Judgment of the Court (Third Chamber) of 9 September 2021 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — XY (Reference for a preliminary ruling — Border controls, asylum and immigration — Asylum policy — Common procedures for granting and withdrawing international protection — Directive 2013/32/EU — Article 40 — Subsequent application — New elements or findings — Concept — Circumstances already existing before the final closure of a procedure concerning an earlier application for international protection — Principle of res judicata — Fault of the applicant)

November 15, 2021 No Comments

CELEX:62020CA0005: Case C-5/20: Judgment of the Court (Eighth Chamber) of 2 September 2021 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband e.V. v Vodafone GmbH (Reference for a preliminary ruling — Electronic communications — Regulation (EU) 2015/2120 — Article 3 — Open internet access — Article 3(1) — End users’ rights — Article 3(2) — Prohibition of agreements and commercial practices limiting the exercise of end users’ rights — Article 3(3) — Obligation of equal and non-discriminatory treatment of traffic — Possibility of implementing reasonable traffic management measures — Additional ‘zero tariff’ option — Limitation on tethering)

November 15, 2021 No Comments

CELEX:62019CA0927: Case C-927/19: Judgment of the Court (Grand Chamber) of 7 September 2021 (request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas — Lithuania) — ‘Klaipėdos regiono atliekų tvarkymo centras’ UAB (Reference for a preliminary ruling — Public procurement — Directive 2014/24/EU — Article 58(3) and (4) — Article 60(3) and (4) — Annex XII — Conduct of procurement procedures — Selection of participants — Selection criteria — Methods of proof — Economic and financial standing of economic operators — Whether the leader of a temporary association of undertakings may rely on income received in relation to a previous public contract in the same area as the public contract at issue including where it did not itself exercise the activity which is the subject matter of the public contract at issue — Technical and professional ability of economic operators — Exhaustive nature of means of proof permitted by the directive — Article 57(4)(h), (6) and (7) — Award of public service contracts — Non-compulsory grounds for exclusion from participation in a procurement procedure — Inclusion on a list of economic operators excluded from procurement procedures — Joint liability of members of a temporary association of undertakings — Personal nature of the penalty — Article 21 — Protection of the confidentiality of information submitted to the contracting authority by an economic operator — Directive (EU) 2016/943 — Article 9 — Confidentiality — Protection of trade secrets — Applicability to procurement procedures — Directive 89/665/EEC — Article 1 — Right to an effective remedy)

November 15, 2021 No Comments

CELEX:62019CA0906: Case C-906/19: Judgment of the Court (Fifth Chamber) of 9 September 2021 (Request for a preliminary ruling from the Cour de cassation — France) — Criminal proceedings against FO (Reference for a preliminary ruling — Road transport — Harmonisation of certain provisions of social legislation — Regulation (EC) No 561/2006 — Article 3(a) — Non-application of the regulation to carriage by road by vehicles used for the carriage of passengers on regular services where the route covered by the service in question does not exceed 50 km — Vehicle for mixed-use — Article 19(2) — Extraterritorial penalty — Infringement detected on the territory of a Member State committed on the territory of another Member State — Principle that offences and penalties must have a proper legal basis — Regulation (EEC) No 3821/85 — Recording equipment in road transport — Article 15(2) — Obligation to insert the driver card — Article 15(7) — Obligation to produce the driver card whenever an inspecting officer so requests — Failure to insert the driver card in the recording equipment on several of the 28 days preceeding the inspection day)

November 15, 2021 No Comments

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