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CELEX:62019CA0561: Case C-561/19: Judgment of the Court (Grand Chamber) of 6 October 2021 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Consorzio Italian Management, Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA (Reference for a preliminary ruling — Article 267 TFEU — Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling — Exceptions to that obligation — Criteria — Question on the interpretation of EU law raised by the parties to the national proceedings after the Court has given a preliminary ruling in those proceedings — Failure to state the reasons justifying the need for an answer to the questions referred for a preliminary ruling — Partial inadmissibility of the request for a preliminary ruling)

November 29, 2021 No Comments

CELEX:62019CA0544: Case C-544/19: Judgment of the Court (First Chamber) of 6 October 2021 (request for a preliminary ruling from the Administrativen sad — Blagoevgrad — Bulgaria) — ‘ECOTEX BULGARIA’ EOOD v Teritorialna direktsia na Natsionalnata agentsia za prihodite — Sofia (Reference for a preliminary ruling — Article 63 TFEU — Free movement of capital — Directive (EU) 2015/849 — Scope — National legislation requiring payments exceeding a certain amount to be made only by transfer or deposit into a payment account — Article 65 TFEU — Justification — Combating tax evasion and tax avoidance — Proportionality — Administrative penalties of a criminal nature — Article 49 of the Charter of Fundamental Rights of the European Union — Principles of legality and proportionality of criminal offences and penalties)

November 29, 2021 No Comments

CELEX:62019CA0487: Case C-487/19: Judgment of the Court (Grand Chamber) of 6 October 2021 (request for a preliminary ruling from the Sąd Najwyższy — Poland) — Proceedings brought by W.Ż. (Reference for a preliminary ruling — Rule of law — Effective legal protection in the fields covered by EU law — Second subparagraph of Article 19(1) TEU — Principles of the irremovability of judges and judicial independence — Transfer without consent of a judge of an ordinary court — Action — Order of inadmissibility made by a judge of the Sąd Najwyższy (Izba Kontroli Nadzwyczajnej i Spraw Publicznych) (Supreme Court (Chamber of Extraordinary Control and Public Affairs), Poland) — Judge appointed by the President of the Republic of Poland on the basis of a resolution of the National Council of the Judiciary, despite a court decision ordering that the effects of that resolution be suspended pending a preliminary ruling of the Court — Judge not constituting an independent and impartial tribunal previously established by law — Primacy of EU law — Possibility of finding such an order of inadmissibility to be null and void)

November 29, 2021 No Comments

CELEX:62019CA0538: Case C-538/19: Judgment of the Court (Fourth Chamber) of 6 October 2021 (request for a preliminary ruling from the Curtea de Apel Constanţa — Romania) — TS, UT, VU v Casa Naţională de Asigurări de Sănătate, Casa de Asigurări de Sănătate Constanţa (Reference for a preliminary ruling — Social security — Sickness insurance — Regulation (EC) No 883/2004 — Article 20(1) and (2) — Medical treatment received in a Member State other than that in which the insured person resides — Prior authorisation — Conditions — Requirement for a report prescribing treatment, drawn up by a doctor of the national public sickness insurance scheme — Prescription, by way of a second medical opinion, drawn up in a Member State other than that in which the insured person resides, of an alternative treatment which has the advantage of not causing a disability — Full reimbursement of the medical expenses incurred in respect of that alternative treatment — Freedom to provide services — Article 56 TFEU)

November 29, 2021 No Comments

CELEX:62019CA0174: Joined Cases C-174/19 P and C-175/19 P: Judgment of the Court (First Chamber) of 6 October 2021 — Scandlines Danmark ApS, Scandlines Deutschland GmbH v European Commission, Kingdom of Denmark, Föreningen Svensk Sjöfart, Naturschutzbund Deutschland (NABU) eV (C-174/19 P), Stena Line Scandinavia AB v European Commission, Kingdom of Denmark, Föreningen Svensk Sjöfart (C-175/19 P) (Appeal — Action for annulment — State aid — Public financing of the Fehmarn Belt fixed rail-road link — Individual aid — Notified aid declared compatible with the internal market — Execution of an important project of common European interest — Decision not to raise any objections — Monopoly — Distortion of competition and effect on trade)

November 29, 2021 No Comments

CELEX:62019CA0458: Case C-458/19 P: Judgment of the Court (First Chamber) of 6 October 2021 — ClientEarth v European Commission, European Chemicals Agency (Appeal — Action for annulment — Commission Implementing Decision C(2016) 3549 final — Authorisation for uses of bis(2-ethylhexyl) phthalate (DEHP) — Regulation (EC) No 1907/2006 — Articles 60 and 62 — Regulation (EC) No 1367/2006 — Request for internal review — Commission Decision C(2016) 8454 final — Rejection of the request)

November 29, 2021 No Comments

CELEX:62019CA0130: Case C-130/19: Judgment of the Court (Full Court) of 30 September 2021 — European Court of Auditors v Karel Pinxten (Article 286(6) TFEU — Breach of the obligations arising from the office of Member of the European Court of Auditors — Deprivation of the right to a pension — Right to effective judicial protection — Regularity of the investigation by the European Anti-Fraud Office (OLAF) — Internal procedure at the Court of Auditors — Activity incompatible with the duties of a Member of the Court of Auditors — Mission expenses and daily allowances — Representation and entertainment expenses — Use of an official car — Use of a driver — Conflict of interests — Proportionality of the penalty)

November 29, 2021 No Comments

CELEX:62019CA0054: Case C-54/19 P: Judgment of the Court (Grand Chamber) of 6 October 2021 — Axa Mediterranean Holding SA v European Commission (Appeal — State aid — Article 107(1) TFEU — Tax system — Corporate tax provisions allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident outside that Member State — Concept of ‘State aid’ — Condition relating to selectivity — Reference system — Derogation — Difference in treatment — Justification for the difference in treatment)

November 29, 2021 No Comments

CELEX:62019CA0055: Case C-55/19 P: Judgment of the Court (Grand Chamber) of 6 October 2021 — Prosegur Compañía de Seguridad SA v European Commission (Appeal — State aid — Article 107(1) TFEU — Tax system — Corporate tax provisions allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident outside that Member State — Concept of ‘State aid’ — Condition relating to selectivity — Reference system — Derogation — Difference in treatment — Justification for the difference in treatment)

November 29, 2021 No Comments

CELEX:62019CA0053: Joined Cases C-53/19 P and C-65/19 P: Judgment of the Court (Grand Chamber) of 6 October 2021 — Banco Santander SA, Santusa Holding SL (C-53/19 P), Kingdom of Spain (C-65/19 P) v European Commission, Federal Republic of Germany, Ireland (Appeal — State aid — Article 107(1) TFEU — Tax system — Corporate tax provisions allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident outside that Member State — Concept of ‘State aid’ — Condition relating to selectivity — Reference system — Derogation — Difference in treatment — Justification for the difference in treatment)

November 29, 2021 No Comments

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