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CELEX:62021CJ0633: Arrêt de la Cour (dixième chambre) du 16 février 2023.#Commission européenne contre République hellénique.#Manquement d’État – Environnement – Directive 2008/50/CE – Qualité de l’air ambiant – Article 13, paragraphe 1, et annexe XI – Dépassement systématique et persistant de la valeur limite annuelle fixée pour le dioxyde d’azote (ΝΟ2) dans l’agglomération d’Athènes (Grèce) – Article 23, paragraphe 1 – Annexe XV – Période de dépassement “la plus courte possible” – Mesures appropriées.#Affaire C-633/21.

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CELEX:62021CJ0745: Judgment of the Court (Tenth Chamber) of 16 February 2023.#L.G. v Staatssecretaris van Justitie en Veiligheid.#Reference for a preliminary ruling – Asylum policy – Regulation (EU) No 604/2013 – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Article 6(1) – Best interests of the child – Article 16(1) – Dependent person – Article 17(1) – Discretionary clauses – Implementation by a Member State – Third-country national pregnant at the time of lodging her application for international protection – Marriage – Spouse beneficiary of international protection in the Member State concerned – Decision refusing to process the application and to transfer the applicant to another Member State deemed to be responsible for the application.#Case C-745/21.

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CELEX:62021CJ0710: Judgment of the Court (Seventh Chamber) of 16 February 2023.#IEF Service GmbH v HB.#Reference for a preliminary ruling – Social policy – Protection of employees in the event of the insolvency of their employer – Directive 2008/94/EC – Article 9(1) – Undertaking that has its registered office in one Member State and offers its services in another Member State – Worker whose place of residence is in that other Member State – Work performed in the Member State in which the worker’s employer has its registered office and, one week out of two, in the Member State in which the worker resides – Determining which Member State’s guarantee institution is responsible for meeting outstanding wage claims.#Case C-710/21.

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CELEX:62020CJ0635: Judgment of the Court (First Chamber) of 16 February 2023.#European Commission v Italian Republic and Kingdom of Spain.#Appeal – Rules on languages – Notice of open competitions for the recruitment of administrators’ functions as investigators and team leaders – Knowledge of languages – Restriction of the choice of the second competition language to English, French and German – Language of communication with the European Personnel Selection Office (EPSO) – Regulation No 1 – Staff Regulations – Article 1d(1) – Difference in treatment based on language – Justification – Interests of the service – Requirement to recruit administrators who are ‘immediately operational’ – Judicial review – Standard of proof required.#Case C-635/20 P.

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CELEX:62020CJ0623: Judgment of the Court (First Chamber) of 16 February 2023.#European Commission v Italian Republic.#Appeal – Rules on languages – Notice of open competition for the recruitment of administrators in the field of audit – Knowledge of languages – Restriction of the choice of the second competition language to English, French and German – Language of communication with the European Personnel Selection Office (EPSO) – Regulation No 1 – Staff Regulations – Article 1d(1) – Difference in treatment based on language – Justification – Interests of the service – Requirement to recruit administrators who are ‘immediately operational’ – Judicial review – Standard of proof required.#Case C-623/20 P.

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CELEX:62021CJ0393: Judgment of the Court (Fourth Chamber) of 16 February 2023.#Lufthansa Technik AERO Alzey GmbH v Arik Air Limited and Others.#Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EC) No 805/2004 – European Enforcement Order for uncontested claims – Article 23(c) – Stay of enforcement of a judgment certified as a European Enforcement Order – Exceptional circumstances – Concept.#Case C-393/21.

February 16, 2023 No Comments

CELEX:62021CJ0349: Judgment of the Court (Third Chamber) of 16 February 2023.#HYA and Others v Spetsializirana prokuratura.#Reference for a preliminary ruling – Telecommunications sector – Processing of personal data and the protection of privacy – Directive 2002/58/EC – Article 15(1) – Limitation of the confidentiality of electronic communications – Judicial decision authorising the interception, recording and storage of telephone conversations of persons suspected of having committed a serious intentional offence – Practice whereby the decision is drawn up in accordance with a pre-drafted template text that does not contain individualised reasons – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Obligation to state reasons.#Case C-349/21.

February 16, 2023 No Comments

CELEX:62021CJ0312: Judgment of the Court (Second Chamber) of 16 February 2023.#Tráficos Manuel Ferrer S.L. and Ignacio v Daimler AG.#Reference for a preliminary ruling – Competition – Compensation for harm caused by a practice prohibited under Article 101(1) TFEU – Decision of the Commission finding the existence of collusive arrangements on pricing and gross price increases for trucks in the European Economic Area (EEA) – National rule of civil procedure under which, in the event that the claim is upheld in part, costs are to be borne by each party, except in cases of wrongful conduct – Procedural autonomy of the Member States – Principles of effectiveness and equivalence – Directive 2014/104/EU – Objectives and overall balance – Article 3 – Right to full compensation for the harm suffered – Article 11(1) – Joint and several liability of the undertakings that infringe competition law – Article 17(1) – Possibility for national courts to estimate the harm – Conditions – Impossibility or unreasonable difficulties in quantifying harm – Article 22 – Temporal application.#Case C-312/21.

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CELEX:62021CC0520: Opinion of Advocate General Collins delivered on 16 February 2023.###

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