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CELEX:62019CA0741: Case C-741/19: Judgment of the Court (Grand Chamber) of 2 September 2021 (request for a preliminary ruling from the Cour d’appel de Paris — France) — Republic of Moldova v Komstroy LLC, successor in law to the company Energoalians (Reference for a preliminary ruling — Energy Charter Treaty — Article 26 — Inapplicability between Member States — Arbitration Award — Judicial review — Jurisdiction of a court of a Member State — Dispute between a third-State operator and a third State — Jurisdiction of the Court — Article 1(6) of the Energy Charter Treaty — Concept of ‘investment’)

October 25, 2021 No Comments

CELEX:62018CA0718: Case C-718/18: Judgment of the Court (Fourth Chamber) of 2 September 2021 — European Commission v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Internal markets for electricity and natural gas — Directive 2009/72/EC — Article 2(21) — Article 19(3), (5) and (8) — Article 37(1)(a) and (6)(a) and (b) — Directive 2009/73/EC — Article 2(20) — Article 19(3), (5) and (8) — Article 41(1)(a) and (6)(a) and (b) — Concept of a ‘vertically integrated undertaking’ — Effective unbundling of networks from the activities of production and supply of electricity and natural gas — Independent transmission operator — Independence of the staff and the management of the transmission system operator — Transitional periods — Shares held in the capital of the vertically integrated undertaking — National regulatory authorities — Independence — Exclusive powers — Article 45 TFEU — Freedom of movement for workers — Charter of Fundamental Rights of the European Union — Article 15 — Right to engage in work and to pursue an occupation — Article 17 — Right to property — Article 52(1) — Restrictions — Principle of democracy)

October 25, 2021 No Comments

CELEX:62019CA0721: Joined Cases C-721/19 and C-722/19: Judgment of the Court (Fifth Chamber) of 2 September 2021 (references for a preliminary ruling from the Consiglio di Stato — Italy) — Sisal SpA (C-721/19), Stanleybet Malta Ltd (C-722/19), Magellan Robotech Ltd (C-722/19) v Agenzia delle Dogane e dei Monopoli, Ministero dell’Economia e delle Finanze (Reference for a preliminary ruling — Articles 49 and 56 TFEU — Free movement of services — Restrictions — Directive 2014/23/EU — Concession award procedure — Article 43 — Substantial amendments — Instant lottery games — National legislation providing for the renewal of a concession without a new tendering procedure — Directive 89/665/EEC — Article 1(3) — Legal interest in bringing proceedings)

October 25, 2021 No Comments

CELEX:62019CA0665: Case C-665/19 P: Judgment of the Court (Fourth Chamber) of 2 September 2021 — NeXovation Inc. v European Commission (Appeal — State aid — Aid in favour of the Nürburgring complex (Germany) — Decision declaring the aid partly incompatible with the internal market — Sale of the assets of the beneficiaries of the State aid found to be incompatible — Open, transparent, non-discriminatory and unconditional tender process — Decision declaring that the reimbursement of incompatible aid did not concern the new owner of the Nürburgring complex and that the latter did not receive new aid for the acquisition of that complex — Admissibility — Status as an interested party — Person individually concerned — Infringement of the procedural rights of the interested parties — Difficulties requiring the initiation of a formal investigation procedure — Justification)

October 25, 2021 No Comments

CELEX:62019CA0647: Case C-647/19 P: Judgment of the Court (Fourth Chamber) of 2 September 2021 — Ja zum Nürburgring eV v European Commission (Appeal — State aid — Aid in favour of the Nürburgring complex (Germany) — Decision declaring the aid in part incompatible with the internal market — Sale of the assets of the beneficiaries of the State aid declared to be incompatible — Open, transparent, non-discriminatory and unconditional tender process — Decision declaring that the reimbursement of the incompatible aid did not concern the new owner of the Nürburgring complex and that the latter did not receive new aid for the acquisition of that complex — Admissibility — Status as an interested party — Person individually concerned — Infringement of the procedural rights of the interested parties — Difficulties requiring the initiation of a formal investigation procedure — Justification — Distortion of the evidence)

October 25, 2021 No Comments

CELEX:62019CA0579: Case C-579/19: Judgment of the Court (Fourth Chamber) of 2 September 2021 (request for a preliminary ruling from the Supreme Court of the United Kingdom — United Kingdom) — The Queen, on the application of: Association of Independent Meat Suppliers, Cleveland Meat Company Ltd v Food Standards Agency (Reference for a preliminary ruling — Protection of health — Regulation (EC) No 854/2004 — Article 5(2) — Regulation (EC) No 882/2004 — Article 54(3) — Hygiene rules applicable to food of animal origin — Post-mortem inspection of the carcass and offal — Official veterinarian — Health marking — Refusal — Meat declared unfit for human consumption — Right of appeal against a decision of the official veterinarian — Effective judicial protection — Article 47 of the Charter of Fundamental Rights of the European Union)

October 25, 2021 No Comments

CELEX:62019CA0570: Case C-570/19: Judgment of the Court (Fourth Chamber) of 2 September 2021 (request for a preliminary ruling from the High Court (Ireland) — Ireland) — Irish Ferries Ltd v National Transport Authority (Reference for a preliminary ruling — Maritime transport — Rights of passengers when travelling by sea and inland waterway — Regulation (EU) No 1177/2010 — Articles 18 and 19, Article 20(4), and Articles 24 and 25 — Cancellation of passenger services — Late delivery of a vessel to the carrier — Notice given prior to the originally scheduled date of departure — Consequences — Right to re-routing — Procedures — Payment of the additional costs — Right to compensation — Calculation — Concept of ticket price — National body responsible for the enforcement of Regulation No 1177/2010 — Competence — Concept of a complaint — Assessment of validity — Articles 16, 17, 20 and 47 of the Charter of Fundamental Rights of the European Union — Principles of proportionality, legal certainty and equal treatment)

October 25, 2021 No Comments

CELEX:62021CN0540: Case C-540/21: Action brought on 27 August 2021 — European Commission v Slovak Republic

October 25, 2021 No Comments

CELEX:62019CA0057: Case C-57/19 P: Judgment of the Court (Fourth Chamber) of 2 September 2021 — European Commission v Tempus Energy Ltd, Tempus Energy Technology Ltd, United Kingdom of Great Britain and Northern Ireland (Appeal — State aid — Aid scheme — Article 108(2) and (3) TFEU — Regulation (EC) No 659/1999 — Article 4(3) and (4) — Concept of ‘doubts as to the compatibility of a notified measure with the common market’ — Decision not to raise objections — Formal investigation procedure not initiated — Guidelines on State aid for environmental protection and energy 2014-2020 — Code of Best Practice for the conduct of State aid control procedures — ‘Pre-notification’ contacts — Procedural rights of interested parties — Electricity capacity market in the United Kingdom)

October 25, 2021 No Comments

CELEX:62021CN0507: Case C-507/21 P: Appeal brought on 18 August 2021 by Puma SE, Puma United Kingdom Ltd, Puma Nordic AB, Austria Puma Dassler GmbH, Puma Italia Srl, Puma France SAS, Puma Denmark A/S, Puma Iberia, SL, Puma Retail AG against the judgment of the General Court (Third Chamber) delivered on 9 June 2021 in Case T-781/16, Puma and Others v Commission

October 25, 2021 No Comments

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