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110,500 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 46 | 2021-10-06 | Finally, every provision of EU law must be placed in its context and interpreted in the light of the provisions of EU law as a whole, regard being had to the objectives thereof and to its state of evolution at the date on which the provision in question is to be applied (judgment of 6 October 1982, Cilfit and Others, 2... | 62015CJ0379 | Association France Nature Environnement v Premier ministre and Ministre de l’Écologie, du Développement durable et de lʼÉnergie. | 49 | 49
In addition, it is on the basis of the characteristics of EU law and the specific difficulties presented by its interpretation that it is for that national court to examine the extent to which it is not obliged to make a reference for a preliminary ruling to the Court. Accordingly, every provision of EU law, inclu... | 2016-07-28 |
110,501 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 40 | 2021-10-06 | Before concluding that such is the case, the national court or tribunal of last instance must be convinced that the matter would be equally obvious to the other courts or tribunals of last instance of the Member States and to the Court of Justice (see, to that effect, judgments of 6 October 1982, Cilfit and Others, 28... | 62015CJ0379 | Association France Nature Environnement v Premier ministre and Ministre de l’Écologie, du Développement durable et de lʼÉnergie. | 48 | 48
In paragraph 16 of the judgment of 6 October 1982 in Cilfit and Others (283/81, EU:C:1982:335), the Court held, in that regard, that the correct application of EU law may be so obvious as to leave no scope for any reasonable doubt as to the way in which the question raised is to be resolved. Before it comes to the... | 2016-07-28 |
110,502 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 50 | 2021-10-06 | It should be observed, in the fourth place, that national courts or tribunals against whose decisions there is no judicial remedy under national law must take upon themselves, independently and with all the requisite attention, the responsibility for determining whether the case before them involves one of the situati... | 62014CJ0072 | X v Inspecteur van Rijksbelastingdienst and T.A. van Dijk v Staatssecretaris van Financiën. | 59 | 59. It follows therefrom that it is for the national courts alone against whose decisions there is no judicial remedy under national law, to take upon themselves independently the responsibility for determining whether the case before them involves an ‘acte clair’. | 2015-09-09 |
110,503 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 35 | 2021-10-06 | In proceedings under Article 267 TFEU, which are based on a clear separation of functions between the national courts or tribunals and the Court of Justice, the national court or tribunal alone has jurisdiction to find and assess the facts in the case before it and to interpret and apply national law. Similarly, it is ... | 62014CJ0072 | X v Inspecteur van Rijksbelastingdienst and T.A. van Dijk v Staatssecretaris van Financiën. | 57 | 57. It must be borne in mind that it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the case both the need for a preliminary ruling in order to enable it t... | 2015-09-09 |
110,504 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 50 | 2021-10-06 | It should be observed, in the fourth place, that national courts or tribunals against whose decisions there is no judicial remedy under national law must take upon themselves, independently and with all the requisite attention, the responsibility for determining whether the case before them involves one of the situati... | 62014CJ0072 | X v Inspecteur van Rijksbelastingdienst and T.A. van Dijk v Staatssecretaris van Financiën. | 58 | 58. Moreover, the case-law as stated in Cilfit and Others (283/81, EU:C:1982:335) gives the national court sole responsibility for determining whether the correct application of EU law is so obvious as to leave no scope for any reasonable doubt and for deciding, as a result, to refrain from referring to the Court of Ju... | 2015-09-09 |
110,505 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 36 | 2021-10-06 | In the second place, it should be noted that the authority of an interpretation already provided by the Court under Article 267 TFEU may deprive the obligation laid down in the third paragraph of Article 267 TFEU of its purpose and thus empty it of its substance, especially where the question raised is materially ident... | 62007CJ0260 | Pedro IV Servicios SL v Total España SA. | 36 | 36. While it is indeed true that the block exemption regulations apply in so far as agreements contain restrictions on competition caught by Article 81(1) EC, it is nevertheless often more practical to ascertain first whether those regulations apply to a given agreement, in order to avoid – if those regulations do appl... | 2009-04-02 |
110,506 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 55 | 2021-10-06 | It follows that the determination and formulation of the questions to be put to the Court devolve upon the national court or tribunal alone and that the parties to the main proceedings may not change their tenor (see, to that effect, judgment of 18 July 2013, Consiglio Nazionale dei Geologi, C‑136/12, EU:C:2013:489, pa... | 62012CJ0136 | Consiglio nazionale dei geologi v Autorità garante della concorrenza e del mercato and Autorità garante della concorrenza e del mercato v Consiglio nazionale dei geologi. | 29 | 29. The determination and formulation of the questions to be put to the Court devolves upon the national court alone and the parties to the main proceedings may not change their tenor (Joined Cases C‑42/10, C‑45/10 and C‑57/10 Vlaamse Dierenartsenvereniging and Janssens [2011] ECR I‑2975, paragraph 43, and Case C‑316... | 2013-07-18 |
110,507 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 34 | 2021-10-06 | In that regard, it is appropriate to recall, in the first place, that it follows from the relationship between the second and third paragraphs of Article 267 TFEU that the courts and tribunals referred to in the third paragraph have the same discretion as any other national court or tribunal to ascertain whether a deci... | 62012CJ0136 | Consiglio nazionale dei geologi v Autorità garante della concorrenza e del mercato and Autorità garante della concorrenza e del mercato v Consiglio nazionale dei geologi. | 26 | 26. It follows from the relationship between the second and third paragraphs of Article 267 TFEU that the courts or tribunals referred to in the third paragraph have the same discretion as any other national court or tribunal to ascertain whether a decision on a question of European Union law is necessary to enable the... | 2013-07-18 |
110,508 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 53 | 2021-10-06 | In that regard, it should be borne in mind that the system of direct cooperation between the Court of Justice and the national courts, established by Article 267 TFEU, is completely independent of any initiative by the parties (see, to that effect, judgments of 18 July 2013, Consiglio Nazionale dei Geologi, C‑136/12, E... | 62012CJ0136 | Consiglio nazionale dei geologi v Autorità garante della concorrenza e del mercato and Autorità garante della concorrenza e del mercato v Consiglio nazionale dei geologi. | 28 | 28. The Court has already held that the system established by Article 267 TFEU with a view to ensuring that European Union law is interpreted uniformly throughout the Member States institutes direct cooperation between the Court of Justice and the national courts by means of a procedure which is completely independent ... | 2013-07-18 |
110,509 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 62 | 2021-10-06 | The principle of equivalence requires that all the rules applicable to actions apply without distinction to actions alleging infringement of EU law and to similar actions alleging infringement of national law (judgment of 15 March 2017, Aquino, C‑3/16, EU:C:2017:209, paragraph 50 and the case-law cited). | 62016CJ0003 | Lucio Cesare Aquino v Belgische Staat. | 50 | 50
First, as regards the principle of equivalence, it should be borne in mind that this requires that all the rules applicable to actions apply without distinction to actions alleging infringement of EU law and to similar actions alleging infringement of national law (see, to that effect, judgments of 16 January 2014... | 2017-03-15 |
110,510 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 65 | 2021-10-06 | If, in accordance with the procedural rules of the Member State concerned which observe the principles of equivalence and effectiveness, the pleas in law raised before a court or tribunal referred to in the third paragraph of Article 267 TFEU must be declared inadmissible, a request for a preliminary ruling cannot be r... | 62016CJ0003 | Lucio Cesare Aquino v Belgische Staat. | 44 | 44
Consequently, if, in accordance with the procedural rules of the Member State concerned, the pleas in law raised before a court referred to in the third paragraph of Article 267 TFEU must be declared inadmissible, a request for a preliminary ruling cannot be regarded as necessary and relevant for that court to be ... | 2017-03-15 |
110,511 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 63 | 2021-10-06 | As regards the principle of effectiveness, national procedural rules must not be such as to render impossible in practice or excessively difficult the exercise of rights conferred by the EU legal order. In that regard, account should be taken of the role of those provisions in the procedure, its progress and special f... | 62016CJ0003 | Lucio Cesare Aquino v Belgische Staat. | 53 | 53
Moreover, according to the Court’s case-law, each case that raises the question whether a national procedural provision renders the exercise of rights conferred on individuals by the EU legal order impossible or excessively difficult must be analysed by reference to the role of that provision in the procedure, its... | 2017-03-15 |
110,512 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 34 | 2021-10-06 | In that regard, it is appropriate to recall, in the first place, that it follows from the relationship between the second and third paragraphs of Article 267 TFEU that the courts and tribunals referred to in the third paragraph have the same discretion as any other national court or tribunal to ascertain whether a deci... | 62016CJ0003 | Lucio Cesare Aquino v Belgische Staat. | 43 | 43
It follows from the relationship between the second and third paragraphs of Article 267 TFEU that the courts referred to in the third paragraph have the same discretion as all other national courts as to whether a decision on a question of EU law is necessary to enable them to give judgment. They are not therefore... | 2017-03-15 |
110,513 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 63 | 2021-10-06 | As regards the principle of effectiveness, national procedural rules must not be such as to render impossible in practice or excessively difficult the exercise of rights conferred by the EU legal order. In that regard, account should be taken of the role of those provisions in the procedure, its progress and special f... | 62016CJ0003 | Lucio Cesare Aquino v Belgische Staat. | 52 | 52
Secondly, as regards the principle of effectiveness, a national procedural rule such as that at issue in the main proceedings must not be such as to render impossible in practice or excessively difficult the exercise of rights conferred by the EU legal order (judgment of 20 October 2016, Danqua, C‑429/15, EU:C:201... | 2017-03-15 |
110,514 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 61 | 2021-10-06 | In that regard, it must be recalled that a national court or tribunal of last instance may refrain from referring a question to the Court of Justice for a preliminary ruling on grounds of inadmissibility specific to the procedure before that court or tribunal, subject to compliance with the principles of equivalence an... | 62016CJ0003 | Lucio Cesare Aquino v Belgische Staat. | 56 | 56
In the light of the above considerations, the answer to Question 3 is that the third paragraph of Article 267 TFEU must be interpreted as meaning that a court adjudicating at last instance may decline to refer a question to the Court for a preliminary ruling where an appeal on a point of law is dismissed on ground... | 2017-03-15 |
110,515 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 32 | 2021-10-06 | In addition, it should be recalled that where there is no judicial remedy under national law against the decisions of a national court or tribunal, that court or tribunal is in principle obliged to make a reference to the Court of Justice within the meaning of the third indent of Article 267 TFEU where a question conce... | 62016CJ0003 | Lucio Cesare Aquino v Belgische Staat. | 42 | 42
In this respect, it should be recalled, to begin with, that, where there is no judicial remedy against the decisions of a national court, that court is in principle obliged to make a reference to the Court within the meaning of the third paragraph of Article 267 TFEU where a question of the interpretation of the F... | 2017-03-15 |
110,516 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 40 | 2021-10-06 | Before concluding that such is the case, the national court or tribunal of last instance must be convinced that the matter would be equally obvious to the other courts or tribunals of last instance of the Member States and to the Court of Justice (see, to that effect, judgments of 6 October 1982, Cilfit and Others, 28... | 62014CJ0160 | João Filipe Ferreira da Silva e Brito and Others v Estado português. | 42 | 42. A court or tribunal adjudicating at last instance may take the view that, although the lower courts have interpreted a provision of EU law in a particular way, the interpretation that it proposes to give of that provision, which is different from the interpretation espoused by the lower courts, is so obvious that t... | 2015-09-09 |
110,517 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 41 | 2021-10-06 | In addition, the question whether the possibility referred to in paragraph 39 above exists must be assessed on the basis of the characteristic features of EU law, the particular difficulties to which the interpretation of the latter gives rise and the risk of divergences in judicial decisions within the European Union ... | 62014CJ0160 | João Filipe Ferreira da Silva e Brito and Others v Estado português. | 39 | 39. The Court has also made clear that the existence of such a possibility must be assessed in the light of the specific characteristics of EU law, the particular difficulties to which the interpretation of the latter gives rise and the risk of divergences in judicial decisions within the European Union (judgment in In... | 2015-09-09 |
110,518 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 39 | 2021-10-06 | In the third place, it should be recalled that, in addition to the situations set out in paragraph 36 above, it follows from the Court’s settled case-law that a national court or tribunal against whose decisions there is no judicial remedy under national law may also refrain from referring to the Court a question conce... | 62014CJ0160 | João Filipe Ferreira da Silva e Brito and Others v Estado português. | 38 | 38. As regards the extent of that obligation, it follows from settled case-law, beginning with the judgment in Cilfit and Others (283/81, EU:C:1982:335), that a court or tribunal against whose decisions there is no judicial remedy under national law is obliged, where a question of EU law is raised before it, to comply... | 2015-09-09 |
110,519 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 30 | 2021-10-06 | In the context of that cooperation, the Court of Justice provides national courts, in their capacity as courts responsible for the application of EU law (see, to that effect, judgment of 6 October 1982, Cilfit and Others, 283/81, EU:C:1982:335, paragraph 7), with the points of interpretation of EU law which they need i... | 62014CJ0160 | João Filipe Ferreira da Silva e Brito and Others v Estado português. | 37 | 37. In that regard, although it is true that the procedure laid down in Article 267 TFEU is an instrument for cooperation between the Court of Justice and the national courts, by means of which the Court provides the national courts with the points of interpretation of EU law which they need in order to decide the disp... | 2015-09-09 |
110,520 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 50 | 2021-10-06 | It should be observed, in the fourth place, that national courts or tribunals against whose decisions there is no judicial remedy under national law must take upon themselves, independently and with all the requisite attention, the responsibility for determining whether the case before them involves one of the situati... | 62014CJ0160 | João Filipe Ferreira da Silva e Brito and Others v Estado português. | 40 | 40. It is true that the national court or tribunal has sole responsibility for determining whether the correct application of EU law is so obvious as to leave no scope for any reasonable doubt and for deciding, as a result, to refrain from referring to the Court a question concerning the interpretation of EU law which ... | 2015-09-09 |
110,521 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 43 | 2021-10-06 | According to the Court’s settled case-law, one language version of a provision of EU law cannot serve as the sole basis for the interpretation of that provision or be made to override the other language versions. Provisions of EU law must be interpreted and applied uniformly in the light of the versions existing in all... | 62019CJ0950 | Proceedings brought by A. | 37 | In those circumstances, a purely literal interpretation of Article 22a(1)(a) of Directive 2006/43, based on the text of one or more language versions, to the exclusion of the others, cannot prevail. According to the Court’s settled case-law, the wording used in one language version of a provision of EU law cannot serve... | 2021-03-24 |
110,522 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 53 | 2021-10-06 | In that regard, it should be borne in mind that the system of direct cooperation between the Court of Justice and the national courts, established by Article 267 TFEU, is completely independent of any initiative by the parties (see, to that effect, judgments of 18 July 2013, Consiglio Nazionale dei Geologi, C‑136/12, E... | 62019CJ0910 | Bankia SA v Unión Mutua Asistencial de Seguros (UMAS). | 22 | It should be recalled, in the first place, that the system established by Article 267 TFEU with a view to ensuring that EU law is interpreted uniformly throughout the Member States institutes direct cooperation between the Court of Justice and the national courts by means of a procedure which is completely independent ... | 2021-06-03 |
110,523 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 33 | 2021-10-06 | According to the Court’s settled case-law, a national court or tribunal against whose decisions there is no judicial remedy under national law cannot be relieved of that obligation unless it has established that the question raised is irrelevant or that the EU law provision in question has already been interpreted by t... | 62003CJ0495 | Intermodal Transports BV v Staatssecretaris van Financiën. | 33 | 33. Secondly, in respect of national courts or tribunals against whose decisions there is no judicial remedy under national law, it should be remembered that the third paragraph of Article 234 EC must, following settled case-law, be interpreted as meaning that such courts or tribunals are required, where a question of ... | 2005-09-15 |
110,524 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 50 | 2021-10-06 | It should be observed, in the fourth place, that national courts or tribunals against whose decisions there is no judicial remedy under national law must take upon themselves, independently and with all the requisite attention, the responsibility for determining whether the case before them involves one of the situati... | 62003CJ0495 | Intermodal Transports BV v Staatssecretaris van Financiën. | 37 | 37. Secondly, and without prejudice to the lessons to be drawn from the judgment in Case C-224/01 Köbler [2003] ECR I-10239, the case-law as stated in Cilfit and Others gives the national court sole responsibility for determining whether the correct application of Community law is so obvious as to leave no scope for a... | 2005-09-15 |
110,525 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 40 | 2021-10-06 | Before concluding that such is the case, the national court or tribunal of last instance must be convinced that the matter would be equally obvious to the other courts or tribunals of last instance of the Member States and to the Court of Justice (see, to that effect, judgments of 6 October 1982, Cilfit and Others, 28... | 62003CJ0495 | Intermodal Transports BV v Staatssecretaris van Financiën. | 39 | 39. In that respect, the Court has, admittedly, held that, before the national court or tribunal comes to the conclusion that the correct application of a provision of Community law is so obvious that there is no scope for any reasonable doubt as to the manner in which the question raised is to be resolved and therefor... | 2005-09-15 |
110,526 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 37 | 2021-10-06 | It must be borne in mind nonetheless that, even when there is case-law of the Court resolving the point of law at issue, national courts and tribunals retain the broadest power to bring a matter before the Court if they consider it appropriate to do so, and the fact that the provisions whose interpretation is sought ha... | 62013CJ0058 | Angelo Alberto Torresi and Pierfrancesco Torresi v Consiglio dell’Ordine degli Avvocati di Macerata. | 32 | 32. In that regard, it must be borne in mind that, even when there is case-law of the Court resolving the point of law at issue, national courts and tribunals remain entirely at liberty to bring a matter before the Court if they consider it appropriate to do so (see the judgment in Cilfit and Others , 283/81, EU:C:1982... | 2014-07-17 |
110,527 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 35 | 2021-10-06 | In proceedings under Article 267 TFEU, which are based on a clear separation of functions between the national courts or tribunals and the Court of Justice, the national court or tribunal alone has jurisdiction to find and assess the facts in the case before it and to interpret and apply national law. Similarly, it is ... | 62009CJ0165 | Stichting Natuur en Milieu and Others v College van Gedeputeerde Staten van Groningen (C-165/09) and College van Gedeputeerde Staten van Zuid-Holland (C-166/09 and C-167/09). | 47 | 47. It should be recalled that, in accordance with settled case‑law, in proceedings under Article 267 TFEU, which are based on a clear separation of functions between the national courts and the Court of Justice, the national court alone has jurisdiction to find and assess the facts in the case before it and to interpr... | 2011-05-26 |
110,528 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 56 | 2021-10-06 | Moreover, it is for the national court or tribunal alone to decide at what stage in the proceedings it is appropriate to refer a question to the Court of Justice for a preliminary ruling (see, to that effect, judgment of 17 July 2008, Coleman, C‑303/06, EU:C:2008:415, paragraph 29 and the case-law cited), with the latt... | 62006CJ0303 | S. Coleman v Attridge Law and Steve Law. | 29 | 29. It must be borne in mind that Article 234 EC establishes the framework for a relationship of close cooperation between the national courts or tribunals and the Court of Justice based on the assignment to each of different functions. It is clear from the second paragraph of that article that it is for the national c... | 2008-07-17 |
110,529 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 27 | 2021-10-06 | In that context, it should be recalled that the preliminary ruling procedure provided for in Article 267 TFEU, which is the keystone of the judicial system established by the Treaties, sets up a dialogue between one court and another, specifically between the Court of Justice and the courts of the Member States, having... | 62016CJ0284 | Slowakische Republik v Achmea BV. | 37 | 37
In particular, the judicial system as thus conceived has as its keystone the preliminary ruling procedure provided for in Article 267 TFEU, which, by setting up a dialogue between one court and another, specifically between the Court of Justice and the courts and tribunals of the Member States, has the object of s... | 2018-03-06 |
110,530 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 53 | 2021-10-06 | In that regard, it should be borne in mind that the system of direct cooperation between the Court of Justice and the national courts, established by Article 267 TFEU, is completely independent of any initiative by the parties (see, to that effect, judgments of 18 July 2013, Consiglio Nazionale dei Geologi, C‑136/12, E... | 61978CJ0093 | Lothar Mattheus v Doego Fruchtimport und Tiefkühlkost eG. | 5 | null | 1978-11-22 |
110,531 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 56 | 2021-10-06 | Moreover, it is for the national court or tribunal alone to decide at what stage in the proceedings it is appropriate to refer a question to the Court of Justice for a preliminary ruling (see, to that effect, judgment of 17 July 2008, Coleman, C‑303/06, EU:C:2008:415, paragraph 29 and the case-law cited), with the latt... | 61996CJ0176 | Jyri Lehtonen and Castors Canada Dry Namur-Braine ASBL v Fédération royale belge des sociétés de basket-ball ASBL (FRBSB). | 19 | 19 It may be noted to begin with that, as the Court held in Case 338/85 Pardini v Ministero del Commercio con l'Estero [1988] ECR 2041, paragraph 11, and Case C-159/90 Society for the Protection of Unborn Children Ireland v Grogan [1991] ECR I-4685, paragraph 12, a national court is empowered to make a reference to the... | 2000-04-13 |
110,532 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 36 | 2021-10-06 | In the second place, it should be noted that the authority of an interpretation already provided by the Court under Article 267 TFEU may deprive the obligation laid down in the third paragraph of Article 267 TFEU of its purpose and thus empty it of its substance, especially where the question raised is materially ident... | 61995CJ0337 | Parfums Christian Dior SA and Parfums Christian Dior BV v Evora BV. | 29 | 29 According to the established case-law of the Court, although the last paragraph of Article 177 unreservedly requires national courts or tribunals against whose decisions there is no judicial remedy under national law to refer to the Court any question of interpretation raised before them, the authority of an interpr... | 1997-11-04 |
110,533 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 33 | 2021-10-06 | According to the Court’s settled case-law, a national court or tribunal against whose decisions there is no judicial remedy under national law cannot be relieved of that obligation unless it has established that the question raised is irrelevant or that the EU law provision in question has already been interpreted by t... | 62017CJ0416 | European Commission v French Republic. | 110 | 110
Indeed, that court is not under such an obligation when it finds that the question raised is irrelevant or that the provision of EU law in question has already been interpreted by the Court or that the correct application of EU law is so obvious as to leave no scope for any reasonable doubt, and the existence of ... | 2018-10-04 |
110,534 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 37 | 2021-10-06 | It must be borne in mind nonetheless that, even when there is case-law of the Court resolving the point of law at issue, national courts and tribunals retain the broadest power to bring a matter before the Court if they consider it appropriate to do so, and the fact that the provisions whose interpretation is sought ha... | 62018CJ0323 | Tesco-Global Áruházak Zrt. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága. | 46 | 46
In that regard, it must be recalled that, even when there is case-law of the Court resolving the point of law at issue, national courts remain entirely at liberty to bring a matter before the Court if they consider it appropriate to do so, and the fact that the provisions whose interpretation is sought have alread... | 2020-03-03 |
110,535 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 34 | 2021-10-06 | In that regard, it is appropriate to recall, in the first place, that it follows from the relationship between the second and third paragraphs of Article 267 TFEU that the courts and tribunals referred to in the third paragraph have the same discretion as any other national court or tribunal to ascertain whether a deci... | 61981CJ0283 | Srl CILFIT and Lanificio di Gavardo SpA v Ministry of Health. | 10 | 10 SECONDLY , IT FOLLOWS FROM THE RELATIONSHIP BETWEEN THE SECOND AND THIRD PARAGRAPHS OF ARTICLE 177 THAT THE COURTS OR TRIBUNALS REFERRED TO IN THE THIRD PARAGRAPH HAVE THE SAME DISCRETION AS ANY OTHER NATIONAL COURT OR TRIBUNAL TO ASCERTAIN WHETHER A DECISION ON A QUESTION OF COMMUNITY LAW IS NECESSARY TO ENABLE THE... | 1982-10-06 |
110,536 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 54 | 2021-10-06 | The system established by Article 267 TFEU therefore does not constitute a means of redress available to the parties to a case pending before a national court or tribunal. Thus, the mere fact that a party contends that the dispute gives rise to a question concerning the interpretation of EU law does not mean that the c... | 61981CJ0283 | Srl CILFIT and Lanificio di Gavardo SpA v Ministry of Health. | 9 | 9 IN THIS REGARD , IT MUST IN THE FIRST PLACE BE POINTED OUT THAT ARTICLE 177 DOES NOT CONSTITUTE A MEANS OF REDRESS AVAILABLE TO THE PARTIES TO A CASE PENDING BEFORE A NATIONAL COURT OR TRIBUNAL . THEREFORE THE MERE FACT THAT A PARTY CONTENDS THAT THE DISPUTE GIVES RISE TO A QUESTION CONCERNING THE INTERPRETATION OF C... | 1982-10-06 |
110,537 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 30 | 2021-10-06 | In the context of that cooperation, the Court of Justice provides national courts, in their capacity as courts responsible for the application of EU law (see, to that effect, judgment of 6 October 1982, Cilfit and Others, 283/81, EU:C:1982:335, paragraph 7), with the points of interpretation of EU law which they need i... | 61981CJ0283 | Srl CILFIT and Lanificio di Gavardo SpA v Ministry of Health. | 7 | 7 THAT OBLIGATION TO REFER A MATTER TO THE COURT OF JUSTICE IS BASED ON COOPERATION , ESTABLISHED WITH A VIEW TO ENSURING THE PROPER APPLICATION AND UNIFORM INTERPRETATION OF COMMUNITY LAW IN ALL THE MEMBER STATES , BETWEEN NATIONAL COURTS , IN THEIR CAPACITY AS COURTS RESPONSIBLE FOR THE APPLICATION OF COMMUNITY LAW ,... | 1982-10-06 |
110,538 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 46 | 2021-10-06 | Finally, every provision of EU law must be placed in its context and interpreted in the light of the provisions of EU law as a whole, regard being had to the objectives thereof and to its state of evolution at the date on which the provision in question is to be applied (judgment of 6 October 1982, Cilfit and Others, 2... | 61981CJ0283 | Srl CILFIT and Lanificio di Gavardo SpA v Ministry of Health. | 20 | 20 FINALLY , EVERY PROVISION OF COMMUNITY LAW MUST BE PLACED IN ITS CONTEXT AND INTERPRETED IN THE LIGHT OF THE PROVISIONS OF COMMUNITY LAW AS A WHOLE , REGARD BEING HAD TO THE OBJECTIVES THEREOF AND TO ITS STATE OF EVOLUTION AT THE DATE ON WHICH THE PROVISION IN QUESTION IS TO BE APPLIED .
| 1982-10-06 |
110,539 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 36 | 2021-10-06 | In the second place, it should be noted that the authority of an interpretation already provided by the Court under Article 267 TFEU may deprive the obligation laid down in the third paragraph of Article 267 TFEU of its purpose and thus empty it of its substance, especially where the question raised is materially ident... | 61981CJ0283 | Srl CILFIT and Lanificio di Gavardo SpA v Ministry of Health. | 13 | 13 IT MUST BE REMEMBERED IN THIS CONNECTION THAT IN ITS JUDGMENT OF 27 MARCH 1963 IN JOINED CASES 28 TO 30/62 ( DA COSTA V NEDERLANDSE BELASTINGADMINISTRATIE ( 1963 ) ECR 31 ) THE COURT RULED THAT : ' ' ALTHOUGH THE THIRD PARAGRAPH OF ARTICLE 177 UNRESERVEDLY REQUIRES COURTS OR TRIBUNALS OF A MEMBER STATE AGAINST WHOSE... | 1982-10-06 |
110,540 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 45 | 2021-10-06 | It must also be borne in mind that EU law uses terminology which is peculiar to it and legal concepts that do not necessarily have the same meaning as the corresponding concepts that may exist in the law of the Member States (see, to that effect, judgment of 6 October 1982, Cilfit and Others, 283/81, EU:C:1982:335, par... | 61981CJ0283 | Srl CILFIT and Lanificio di Gavardo SpA v Ministry of Health. | 19 | 19 IT MUST ALSO BE BORNE IN MIND , EVEN WHERE THE DIFFERENT LANGUAGE VERSIONS ARE ENTIRELY IN ACCORD WITH ONE ANOTHER , THAT COMMUNITY LAW USES TERMINOLOGY WHICH IS PECULIAR TO IT . FURTHERMORE , IT MUST BE EMPHASIZED THAT LEGAL CONCEPTS DO NOT NECESSARILY HAVE THE SAME MEANING IN COMMUNITY LAW AND IN THE LAW OF THE VA... | 1982-10-06 |
110,541 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 41 | 2021-10-06 | In addition, the question whether the possibility referred to in paragraph 39 above exists must be assessed on the basis of the characteristic features of EU law, the particular difficulties to which the interpretation of the latter gives rise and the risk of divergences in judicial decisions within the European Union ... | 61981CJ0283 | Srl CILFIT and Lanificio di Gavardo SpA v Ministry of Health. | 17 | 17 HOWEVER , THE EXISTENCE OF SUCH A POSSIBILITY MUST BE ASSESSED ON THE BASIS OF THE CHARACTERISTIC FEATURES OF COMMUNITY LAW AND THE PARTICULAR DIFFICULTIES TO WHICH ITS INTERPRETATION GIVES RISE .
| 1982-10-06 |
110,542 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 33 | 2021-10-06 | According to the Court’s settled case-law, a national court or tribunal against whose decisions there is no judicial remedy under national law cannot be relieved of that obligation unless it has established that the question raised is irrelevant or that the EU law provision in question has already been interpreted by t... | 61981CJ0283 | Srl CILFIT and Lanificio di Gavardo SpA v Ministry of Health. | 21 | 21 IN THE LIGHT OF ALL THOSE CONSIDERATIONS , THE ANSWER TO THE QUESTION SUBMITTED BY THE CORTE SUPREMA DI CASSAZIONE MUST BE THAT THE THIRD PARAGRAPH OF ARTICLE 177 OF THE EEC TREATY IS TO BE INTERPRETED AS MEANING THAT A COURT OR TRIBUNAL AGAINST WHOSE DECISIONS THERE IS NO JUDICIAL REMEDY UNDER NATIONAL LAW IS R... | 1982-10-06 |
110,543 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 39 | 2021-10-06 | In the third place, it should be recalled that, in addition to the situations set out in paragraph 36 above, it follows from the Court’s settled case-law that a national court or tribunal against whose decisions there is no judicial remedy under national law may also refrain from referring to the Court a question conce... | 61981CJ0283 | Srl CILFIT and Lanificio di Gavardo SpA v Ministry of Health. | 21 | 21 IN THE LIGHT OF ALL THOSE CONSIDERATIONS , THE ANSWER TO THE QUESTION SUBMITTED BY THE CORTE SUPREMA DI CASSAZIONE MUST BE THAT THE THIRD PARAGRAPH OF ARTICLE 177 OF THE EEC TREATY IS TO BE INTERPRETED AS MEANING THAT A COURT OR TRIBUNAL AGAINST WHOSE DECISIONS THERE IS NO JUDICIAL REMEDY UNDER NATIONAL LAW IS R... | 1982-10-06 |
110,544 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 39 | 2021-10-06 | In the third place, it should be recalled that, in addition to the situations set out in paragraph 36 above, it follows from the Court’s settled case-law that a national court or tribunal against whose decisions there is no judicial remedy under national law may also refrain from referring to the Court a question conce... | 61981CJ0283 | Srl CILFIT and Lanificio di Gavardo SpA v Ministry of Health. | 16 | 16 FINALLY , THE CORRECT APPLICATION OF COMMUNITY LAW MAY BE SO OBVIOUS AS TO LEAVE NO SCOPE FOR ANY REASONABLE DOUBT AS TO THE MANNER IN WHICH THE QUESTION RAISED IS TO BE RESOLVED . BEFORE IT COMES TO THE CONCLUSION THAT SUCH IS THE CASE , THE NATIONAL COURT OR TRIBUNAL MUST BE CONVINCED THAT THE MATTER IS EQUALLY OB... | 1982-10-06 |
110,545 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 40 | 2021-10-06 | Before concluding that such is the case, the national court or tribunal of last instance must be convinced that the matter would be equally obvious to the other courts or tribunals of last instance of the Member States and to the Court of Justice (see, to that effect, judgments of 6 October 1982, Cilfit and Others, 28... | 61981CJ0283 | Srl CILFIT and Lanificio di Gavardo SpA v Ministry of Health. | 16 | 16 FINALLY , THE CORRECT APPLICATION OF COMMUNITY LAW MAY BE SO OBVIOUS AS TO LEAVE NO SCOPE FOR ANY REASONABLE DOUBT AS TO THE MANNER IN WHICH THE QUESTION RAISED IS TO BE RESOLVED . BEFORE IT COMES TO THE CONCLUSION THAT SUCH IS THE CASE , THE NATIONAL COURT OR TRIBUNAL MUST BE CONVINCED THAT THE MATTER IS EQUALLY OB... | 1982-10-06 |
110,546 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 70 | 2021-10-06 | In the present case, it should be stated that, by this request for a preliminary ruling, the referring court has failed to remedy the lacuna established by the Court in paragraph 23 of its judgment of 19 April 2018, Consorzio Italian Management and Catania Multiservizi, (C‑152/17, EU:C:2018:264), in so far as, in brea... | 62014CJ0117 | Grima Janet Nisttahuz Poclava v Jose María Ariza Toledano (Taberna del Marqués). | 43 | 43. In the grounds for its decision, the referring court also refers to Articles 2.2(b) and 4 of Convention No 158 on the Termination of Employment, adopted at Geneva on 22 June 1982 by the International Labour Organisation, and the European Social Charter signed at Turin on 18 October 1961. It must be held that the Co... | 2015-02-05 |
110,547 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 35 | 2021-10-06 | In proceedings under Article 267 TFEU, which are based on a clear separation of functions between the national courts or tribunals and the Court of Justice, the national court or tribunal alone has jurisdiction to find and assess the facts in the case before it and to interpret and apply national law. Similarly, it is ... | 62020CJ0070 | YL v Altenrhein Luftfahrt GmbH. | 25 | According to the Court’s settled case-law, in the context of the cooperation between the Court and the national courts provided for in Article 267 TFEU, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine,... | 2021-05-12 |
110,548 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 38 | 2021-10-06 | Similarly, the authority of a preliminary ruling does not preclude the national court or tribunal to which it is addressed from taking the view that it is necessary to make a further reference to the Court before giving judgment in the main proceedings (judgment of 6 March 2003, Kaba, C‑466/00, EU:C:2003:127, paragraph... | 62000CJ0466 | Arben Kaba v Secretary of State for the Home Department. | 39 | 39. It should be noted at the outset that the authority of a preliminary ruling does not preclude the national court or tribunal to which it is addressed from taking the view that it is necessary to make a further reference to the Court before giving judgment in the main proceedings. Such a procedure may be justified... | 2003-03-06 |
110,549 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 36 | 2021-10-06 | In the second place, it should be noted that the authority of an interpretation already provided by the Court under Article 267 TFEU may deprive the obligation laid down in the third paragraph of Article 267 TFEU of its purpose and thus empty it of its substance, especially where the question raised is materially ident... | 61962CJ0028 | Da Costa en Schaake NV, Jacob Meijer NV, Hoechst-Holland NV v Netherlands Inland Revenue Administration. | 76 | null | 1963-03-27 |
110,550 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 36 | 2021-10-06 | In the second place, it should be noted that the authority of an interpretation already provided by the Court under Article 267 TFEU may deprive the obligation laid down in the third paragraph of Article 267 TFEU of its purpose and thus empty it of its substance, especially where the question raised is materially ident... | 61962CJ0028 | Da Costa en Schaake NV, Jacob Meijer NV, Hoechst-Holland NV v Netherlands Inland Revenue Administration. | 75 | null | 1963-03-27 |
110,551 | 62019CJ0561 | Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA. | 30 | 2021-10-06 | In the context of that cooperation, the Court of Justice provides national courts, in their capacity as courts responsible for the application of EU law (see, to that effect, judgment of 6 October 1982, Cilfit and Others, 283/81, EU:C:1982:335, paragraph 7), with the points of interpretation of EU law which they need i... | 62017CJ0042 | Criminal proceedings against M.A.S. and M.B. | 23 | 23
The procedure provided for by Article 267 TFEU thus functions as an instrument of cooperation between the Court of Justice and national courts and tribunals, by means of which the former provides the latter with the points of interpretation of EU law which they need in order to decide the disputes before them (see... | 2017-12-05 |
110,552 | 62019CJ0709 | Vereniging van Effectenbezitters v BP plc. | 39 | 2021-05-12 | 39
It should be noted, however, that it is apparent from the order for reference that the dispute in the main proceedings does not concern such individual actions for damages. It follows that those questions are, at this stage, hypothetical and that the inherent need for the answer to them for the resolution of that ... | 62018CJ0787 | Skatteverket v Sögård Fastigheter AB. | 80 | 80
Dans ces conditions, la question relative à l’interprétation de l’article 19 de la directive TVA est, à ce stade du litige au principal, hypothétique et le besoin inhérent de la réponse à cette question pour la solution du litige n’est pas avéré. | 2020-11-26 |
110,553 | 62019CJ0709 | Vereniging van Effectenbezitters v BP plc. | 39 | 2021-05-12 | 39
It should be noted, however, that it is apparent from the order for reference that the dispute in the main proceedings does not concern such individual actions for damages. It follows that those questions are, at this stage, hypothetical and that the inherent need for the answer to them for the resolution of that ... | 62018CJ0787 | Skatteverket v Sögård Fastigheter AB. | 76 | 76
Toutefois, il appartient à la Cour d’examiner les conditions dans lesquelles elle est saisie par le juge national en vue de vérifier sa propre compétence. En effet, l’esprit de collaboration qui doit présider au fonctionnement du renvoi préjudiciel implique que, de son côté, le juge national ait égard à la fonctio... | 2020-11-26 |
110,554 | 62019CJ0709 | Vereniging van Effectenbezitters v BP plc. | 39 | 2021-05-12 | 39
It should be noted, however, that it is apparent from the order for reference that the dispute in the main proceedings does not concern such individual actions for damages. It follows that those questions are, at this stage, hypothetical and that the inherent need for the answer to them for the resolution of that ... | 62018CJ0787 | Skatteverket v Sögård Fastigheter AB. | 81 | 81
Partant, la Cour ne saurait répondre à la seconde question en formulant une opinion consultative sur un problème qui est, à ce stade, hypothétique (voir, en ce sens, arrêts du 10 novembre 2016, Private Equity Insurance Group, C‑156/15, EU:C:2016:851, point 56 ; du 28 mars 2017, Rosneft, C‑72/15,EU:C:2017:236, poin... | 2020-11-26 |
110,555 | 62019CJ0709 | Vereniging van Effectenbezitters v BP plc. | 23 | 2021-05-12 | 23
As a preliminary point, it must be noted that, in so far as, in accordance with recital 34 of Regulation No 1215/2012, that regulation repeals and replaces Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 200... | 62019CJ0343 | Verein für Konsumenteninformation v Volkswagen AG. | 22 | 22
As a preliminary point, it must be noted that, in so far as, in accordance with recital 34 of Regulation No 1215/2012, that regulation repeals and replaces Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 200... | 2020-07-09 |
110,556 | 62019CJ0709 | Vereniging van Effectenbezitters v BP plc. | 26 | 2021-05-12 | 26
Nevertheless, as the Court has repeatedly found, the concept of ‘place where the harmful event occurred’, within the meaning of Article 7(2) of Regulation No 1215/2012, is intended to cover both the place where the damage occurred and the place of the event giving rise to that damage, with the result that the defe... | 62019CJ0343 | Verein für Konsumenteninformation v Volkswagen AG. | 23 | 23
As has repeatedly been held by the Court in its case-law concerning those provisions, the concept of the ‘place where the harmful event occurred’ is intended to cover both the place where the damage occurred and the place of the event giving rise to it, with the result that the defendant may be sued, at the option... | 2020-07-09 |
110,557 | 62019CJ0709 | Vereniging van Effectenbezitters v BP plc. | 33 | 2021-05-12 | 33
The place in which the damage occurred thus identified is in line with the objective of Regulation No 1215/2012, which is to strengthen the legal protection of persons established in the European Union by simultaneously enabling the applicant to identify easily the court in which he or she may sue and the defendan... | 62013CJ0375 | Harald Kolassa v Barclays Bank plc. | 56 | 56. The place where the loss occurred thus identified meets, in circumstances such as those referred to in paragraph 51 of this judgment, the objective of Regulation No 44/2001 of strengthening the legal protection of persons established in the European Union, by enabling the applicant to identify easily the court in w... | 2015-01-28 |
110,558 | 62019CJ0709 | Vereniging van Effectenbezitters v BP plc. | 28 | 2021-05-12 | 28
The Court has also clarified that that concept does not refer to the place where the applicant is domiciled and where his assets are concentrated by reason only of the fact that he or she has suffered financial damage there resulting from the loss of part of his or her assets which arose and was incurred in anothe... | 62015CJ0012 | Universal Music International Holding BV v Michael Tétreault Schilling and Others. | 35 | 35
In the wake of that case-law, the Court has also held that that expression does not refer to the place where the applicant is domiciled and where his assets are concentrated by reason only of the fact that he has suffered financial damage there resulting from the loss of part of his assets which arose and was incu... | 2016-06-16 |
110,559 | 62019CJ0709 | Vereniging van Effectenbezitters v BP plc. | 28 | 2021-05-12 | 28
The Court has also clarified that that concept does not refer to the place where the applicant is domiciled and where his assets are concentrated by reason only of the fact that he or she has suffered financial damage there resulting from the loss of part of his or her assets which arose and was incurred in anothe... | 62002CJ0168 | Rudolf Kronhofer v Marianne Maier and Others. | 21 | 21. In view of the foregoing considerations, the answer to the question referred must be that Article 5(3) of the Convention must be interpreted as meaning that the expression ‘place where the harmful event occurred’ does not refer to the place where the claimant is domiciled or where ‘his assets are concentrated’ by r... | 2004-06-10 |
110,560 | 62019CJ0709 | Vereniging van Effectenbezitters v BP plc. | 24 | 2021-05-12 | 24
It must also be recalled that, according to the Court’s settled case-law, the rule of special jurisdiction laid down by Article 7(2) of Regulation No 1215/2012 must be interpreted independently and strictly (see, to that effect, judgment of 12 September 2018, Löber, C‑304/17, EU:C:2018:701, paragraph 17 and the ca... | 62017CJ0304 | Helga Löber v Barclays Bank PLC. | 17 | 17
As a preliminary point, it must be recalled that the rule of special jurisdiction laid down by Article 5(3) of that regulation must be interpreted independently and strictly (judgments of 28 January 2015, Kolassa, C‑375/13, EU:C:2015:37, paragraph 43; of 21 May 2015, CDC Hydrogen Peroxide, C‑352/13, EU:C:2015:335,... | 2018-09-12 |
110,561 | 62019CJ0709 | Vereniging van Effectenbezitters v BP plc. | 25 | 2021-05-12 | 25
The jurisdiction provided for in Article 4 of Regulation No 1215/2012, namely that of the courts of the Member State in which the defendant is domiciled, constitutes the general rule. It is only by way of derogation from that general rule that the regulation provides for special and exclusive rules of jurisdiction... | 62017CJ0304 | Helga Löber v Barclays Bank PLC. | 18 | 18
The jurisdiction provided for in Article 2 of that regulation, namely that the courts of the Member State in which the defendant is domiciled are to have jurisdiction, constitutes the general rule. It is only by way of derogation from that general rule that the regulation provides for special and exclusive rules o... | 2018-09-12 |
110,562 | 62019CJ0709 | Vereniging van Effectenbezitters v BP plc. | 33 | 2021-05-12 | 33
The place in which the damage occurred thus identified is in line with the objective of Regulation No 1215/2012, which is to strengthen the legal protection of persons established in the European Union by simultaneously enabling the applicant to identify easily the court in which he or she may sue and the defendan... | 62017CJ0304 | Helga Löber v Barclays Bank PLC. | 35 | 35
In this connection, given that the issuer of a certificate who does not comply with his legal obligations in respect of the prospectus must, when he decides to notify the prospectus relating to that certificate in other Member States, anticipate that inadequately informed operators, domiciled in those Member State... | 2018-09-12 |
110,563 | 62019CJ0709 | Vereniging van Effectenbezitters v BP plc. | 29 | 2021-05-12 | 29
Although the mere fact that the applicant has suffered financial consequences cannot justify the attribution of jurisdiction to the courts of the applicant’s domicile, such an attribution of jurisdiction is justified if that domicile is in fact the place in which the events giving rise to the damage took place or ... | 62017CJ0304 | Helga Löber v Barclays Bank PLC. | 25 | 25
On the other hand, such an attribution of jurisdiction is justified if the applicant’s domicile is in fact the place in which the events giving rise to the damage took place or the damage occurred (judgment of 28 January 2015, Kolassa, C‑375/13, EU:C:2015:37, paragraph 50). | 2018-09-12 |
110,564 | 62019CJ0709 | Vereniging van Effectenbezitters v BP plc. | 27 | 2021-05-12 | 27
That concept of the ‘place where the harmful event occurred’ in Article 7(2) of Regulation No 1215/2012 may not, however, be construed so extensively as to encompass any place where the adverse consequences of an event, which has caused damage actually arising elsewhere, can be felt (judgment of 12 September 2018,... | 62017CJ0304 | Helga Löber v Barclays Bank PLC. | 23 | 23
In this connection, the Court has held that the term ‘place where the harmful event occurred’ may not be construed so extensively as to encompass any place where the adverse consequences of an event, which has already caused damage actually arising elsewhere, can be felt (judgment of 19 September 1995, Marinari, C... | 2018-09-12 |
110,565 | 62019CJ0709 | Vereniging van Effectenbezitters v BP plc. | 32 | 2021-05-12 | 32
In that regard, the Court has already noted that it is possible for the courts where the applicant is domiciled to have jurisdiction, on the basis of the place where the damage occurred, to hear and determine an action seeking to put in issue the liability of the issuer of a certificate on the basis of the prospec... | 62017CJ0304 | Helga Löber v Barclays Bank PLC. | 28 | 28
In addition, the Court has held that under Article 5(3) of Regulation No 44/2001, the courts where the applicant is domiciled have jurisdiction, on the basis of the place where the damage occurred, to hear and determine an action seeking to put in issue the liability of the issuer of a certificate on the basis of ... | 2018-09-12 |
110,566 | 62019CJ0709 | Vereniging van Effectenbezitters v BP plc. | 29 | 2021-05-12 | 29
Although the mere fact that the applicant has suffered financial consequences cannot justify the attribution of jurisdiction to the courts of the applicant’s domicile, such an attribution of jurisdiction is justified if that domicile is in fact the place in which the events giving rise to the damage took place or ... | 62017CJ0304 | Helga Löber v Barclays Bank PLC. | 24 | 24
Thus, the mere fact that the applicant has suffered financial consequences does not justify the attribution of jurisdiction to the courts of the applicant’s domicile if both the events causing damage and the damage itself occurred in the territory of another Member State (judgment of 28 January 2015, Kolassa, C‑37... | 2018-09-12 |
110,567 | 62020CJ0130 | YJ v Instituto Nacional de la Seguridad Social (INSS). | 19 | 2021-05-12 | 19
In that regard, it must be noted that the concept of ‘direct discrimination on ground of sex’, referred to in Article 4(1) of Directive 79/7, must be understood as covering any situation in which one person is treated less favourably on grounds of sex than another person is, has been or would be treated in a compa... | 62016CJ0451 | MB v Secretary of State for Work and Pensions. | 34 | 34
As is clear from Article 2(1)(a) of Directive 2006/54, there is direct discrimination based on sex if one person is treated less favourably on grounds of sex than another person is, has been or would be treated in a comparable situation. That concept must be understood in the same way in the context of Directive 7... | 2018-06-26 |
110,568 | 62020CJ0130 | YJ v Instituto Nacional de la Seguridad Social (INSS). | 17 | 2021-05-12 | 17
In that regard, it should be noted that, in accordance with settled case-law, it is for the Court, in the procedure laid down by Article 267 TFEU providing for cooperation with national courts, to provide the national court with an answer which will be of use to it and enable it to decide the case before it and, t... | 62018CJ0125 | Marc Gómez del Moral Guasch v Bankia SA. | 27 | 27
It should be noted as a preliminary point that, according to settled case-law, in the procedure laid down by Article 267 TFEU providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to it and enable it to dec... | 2020-03-03 |
110,569 | 62020CJ0665 | X. | 63 | 2021-04-29 | 63
Second, while the binding character of a framework decision places on national authorities an obligation to interpret national law, to the greatest extent possible, in the light of the text and the purpose of the framework decision in order to achieve the result sought by that decision, the principle of conforming... | 62017CJ0573 | Criminal proceedings against Daniel Adam Popławski. | 76 | 76
Similarly, the principle of conforming interpretation cannot serve as the basis for an interpretation of national law contra legem (judgment of 29 June 2017, Popławski, C‑579/15, EU:C:2017:503, paragraph 33 and the case-law cited). In other words, the obligation to interpret national law in conformity with EU law ... | 2019-06-24 |
110,570 | 62020CJ0665 | X. | 63 | 2021-04-29 | 63
Second, while the binding character of a framework decision places on national authorities an obligation to interpret national law, to the greatest extent possible, in the light of the text and the purpose of the framework decision in order to achieve the result sought by that decision, the principle of conforming... | 62017CJ0573 | Criminal proceedings against Daniel Adam Popławski. | 73 | 73
When applying national law, those authorities are therefore required to interpret it, to the greatest extent possible, in the light of the text and the purpose of the framework decision in order to achieve the result sought by that decision (see, to that effect, judgments of 16 June 2005, Pupino, C‑105/03, EU:C:20... | 2019-06-24 |
110,571 | 62020CJ0665 | X. | 64 | 2021-04-29 | 64
That being so, the principle that national law must be interpreted in conformity with EU law requires that the whole body of domestic law be taken into consideration and that the interpretative methods recognised by domestic law be applied, with a view to ensuring that the framework decision is fully effective and... | 62017CJ0573 | Criminal proceedings against Daniel Adam Popławski. | 77 | 77
That being so, the principle that national law must be interpreted in conformity with EU law requires that the whole body of domestic law be taken into consideration and that the interpretative methods recognised by domestic law be applied, with a view to ensuring that the framework decision concerned is fully eff... | 2019-06-24 |
110,572 | 62020CJ0665 | X. | 63 | 2021-04-29 | 63
Second, while the binding character of a framework decision places on national authorities an obligation to interpret national law, to the greatest extent possible, in the light of the text and the purpose of the framework decision in order to achieve the result sought by that decision, the principle of conforming... | 62017CJ0573 | Criminal proceedings against Daniel Adam Popławski. | 72 | 72
In the third place, it should be recalled that, although the framework decisions cannot have direct effect, their binding character nevertheless places on national authorities an obligation to interpret national law in conformity with EU law as from the date of expiry of the period for the transposition of those f... | 2019-06-24 |
110,573 | 62020CJ0665 | X. | 57 | 2021-04-29 | 57
In that regard, it should be noted that the condition that the sentence has been served or is currently being served or may no longer be executed under the law of the sentencing country, in so far as it has the effect, if not satisfied, of requiring the surrender of the requested person in order for that person to... | 62014CJ0129 | Zoran Spasic. | 77 | 77. The ne bis in idem principle set out in Article 54 CISA is intended not only to prevent, in the area of freedom, security and justice, the impunity of persons definitively convicted and sentenced in the European Union but also to ensure legal certainty through respect for decisions of public bodies which have beco... | 2014-05-27 |
110,574 | 62020CJ0665 | X. | 99 | 2021-04-29 | 99
However, the ne bis in idem principle set out in both Article 4(5) of the Framework Decision and Article 3(2) thereof and in Article 54 of the CISA is intended not only to prevent, in the area of freedom, security and justice, the impunity of persons definitively convicted and sentenced; it also seeks to ensure le... | 62014CJ0129 | Zoran Spasic. | 77 | 77. The ne bis in idem principle set out in Article 54 CISA is intended not only to prevent, in the area of freedom, security and justice, the impunity of persons definitively convicted and sentenced in the European Union but also to ensure legal certainty through respect for decisions of public bodies which have beco... | 2014-05-27 |
110,575 | 62020CJ0665 | X. | 97 | 2021-04-29 | 97
In that regard, it should be recalled that, as can be seen from Article 67(3) TFEU, in order to achieve its objective of constituting an area of freedom, security and justice, the European Union endeavours to ensure a high level of security through measures to prevent and combat crime, and through measures for coo... | 62014CJ0129 | Zoran Spasic. | 62 | 62. As can be seen from Article 67(3) TFEU, in order to achieve its objective of constituting an area of freedom, security and justice, the European Union endeavours to ensure a high level of security through measures to prevent and combat crime, and through measures for coordination and cooperation between police and ... | 2014-05-27 |
110,576 | 62020CJ0665 | X. | 41 | 2021-04-29 | 41
As regards the grounds for optional non-execution listed in Article 4 of the Framework Decision, it is clear from the case-law of the Court that, when transposing the Framework Decision, the Member States have a margin of discretion. Therefore, they are free to transpose those grounds into their domestic law or no... | 62008CJ0123 | Dominic Wolzenburg. | 58 | 58. It follows that a national legislature which, by virtue of the options afforded it by Article 4 of the Framework Decision, chooses to limit the situations in which its executing judicial authority may refuse to surrender a requested person merely reinforces the system of surrender introduced by that Framework Decis... | 2009-10-06 |
110,577 | 62020CJ0665 | X. | 79 | 2021-04-29 | 79
In doing so, it allows Member States to limit the situations in which the executing judicial authority may refuse to execute a European arrest warrant on that ground, thereby facilitating the surrender of requested persons, in accordance with the principle of mutual recognition set out in Article 1(2) of the Frame... | 62008CJ0123 | Dominic Wolzenburg. | 58 | 58. It follows that a national legislature which, by virtue of the options afforded it by Article 4 of the Framework Decision, chooses to limit the situations in which its executing judicial authority may refuse to surrender a requested person merely reinforces the system of surrender introduced by that Framework Decis... | 2009-10-06 |
110,578 | 62020CJ0665 | X. | 41 | 2021-04-29 | 41
As regards the grounds for optional non-execution listed in Article 4 of the Framework Decision, it is clear from the case-law of the Court that, when transposing the Framework Decision, the Member States have a margin of discretion. Therefore, they are free to transpose those grounds into their domestic law or no... | 62008CJ0123 | Dominic Wolzenburg. | 61 | 61. When implementing Article 4 of Framework Decision 2004/584 and in particular paragraph 6 thereof, referred to in the decision for reference, the Member States have, of necessity, a certain margin of discretion. | 2009-10-06 |
110,579 | 62020CJ0665 | X. | 41 | 2021-04-29 | 41
As regards the grounds for optional non-execution listed in Article 4 of the Framework Decision, it is clear from the case-law of the Court that, when transposing the Framework Decision, the Member States have a margin of discretion. Therefore, they are free to transpose those grounds into their domestic law or no... | 62008CJ0123 | Dominic Wolzenburg. | 59 | 59. Indeed, by limiting the situations in which the executing judicial authority may refuse to execute a European arrest warrant, such legislation only facilitates the surrender of requested persons, in accordance with the principle of mutual recognition set out in Article 1(2) of Framework Decision 2002/584, which con... | 2009-10-06 |
110,580 | 62020CJ0665 | X. | 79 | 2021-04-29 | 79
In doing so, it allows Member States to limit the situations in which the executing judicial authority may refuse to execute a European arrest warrant on that ground, thereby facilitating the surrender of requested persons, in accordance with the principle of mutual recognition set out in Article 1(2) of the Frame... | 62008CJ0123 | Dominic Wolzenburg. | 59 | 59. Indeed, by limiting the situations in which the executing judicial authority may refuse to execute a European arrest warrant, such legislation only facilitates the surrender of requested persons, in accordance with the principle of mutual recognition set out in Article 1(2) of Framework Decision 2002/584, which con... | 2009-10-06 |
110,581 | 62020CJ0665 | X. | 52 | 2021-04-29 | 52
In that regard, it should be recalled that EU law is based on the fundamental premiss that each Member State shares with all the other Member States, and recognises that they share with it, a set of common values on which the European Union is founded, as stated in Article 2 TEU (judgment of 24 September 2020, Gen... | 62020CJ0195 | Criminal proceedings against XC. | 30 | 30
Afin de répondre à la question préjudicielle, il convient, à titre liminaire, de rappeler que le droit de l’Union repose sur la prémisse fondamentale selon laquelle chaque État membre partage avec tous les autres États membres, et reconnaît que ceux-ci partagent avec lui, une série de valeurs communes sur lesquell... | 2020-09-24 |
110,582 | 62020CJ0665 | X. | 58 | 2021-04-29 | 58
In that context, it should be recalled that the Framework Decision must be interpreted in such a way as to ensure compliance with the requirements of respect for the fundamental rights of the persons concerned, without, however, calling into question the effectiveness of the system of judicial cooperation between ... | 62017CJ0270 | Openbaar Ministerie v Tadas Tupikas. | 63 | 63
Consequently, Framework Decision 2002/584 must be interpreted in such a way as to ensure compliance with the requirements of respect for the fundamental rights of the persons concerned, without, however, calling into question the effectiveness of the system of judicial cooperation between the Member States of whic... | 2017-08-10 |
110,583 | 62020CJ0665 | X. | 75 | 2021-04-29 | 75
In those circumstances, reasons of consistency and legal certainty dictate that the concepts which are worded identically in each of those two provisions, and in Article 54 of the CISA, should be given the same scope (see, to that effect, judgment of 10 November 2016, Özçelik, C‑453/16 PPU, EU:C:2016:860, paragrap... | 62016CJ0453 | Openbaar Ministerie v Halil Ibrahim Özçelik. | 33 | 33
Given the need to ensure consistency between the interpretations of the various provisions of the Framework Decision, the above interpretation appears, in principle, transposable to Article 8(1)(c) thereof. That provision must, therefore, be interpreted as meaning that the term ‘judicial decision’ covers decisions... | 2016-11-10 |
110,584 | 62020CJ0665 | X. | 53 | 2021-04-29 | 53
The principle of mutual trust requires, particularly as regards the area of freedom, security and justice, each of those States, save in exceptional circumstances, to consider all the other Member States to be complying with EU law and particularly with the fundamental rights recognised by EU law (judgment of 17 D... | 62020CJ0354 | Openbaar Ministerie v L. | 35 | In that regard, it should be noted that both the principle of mutual trust between the Member States and the principle of mutual recognition, which is itself based on the mutual trust between the latter, are, in EU law, of fundamental importance given that they allow an area without internal borders to be created and m... | 2020-12-17 |
110,585 | 62020CJ0665 | X. | 39 | 2021-04-29 | 39
It follows that executing judicial authorities may, in principle, refuse to execute such a warrant only on the grounds for non-execution exhaustively listed by the Framework Decision. Accordingly, while execution of the European arrest warrant constitutes the rule, refusal to execute is intended to be an exception... | 62020CJ0354 | Openbaar Ministerie v L. | 37 | It follows that executing judicial authorities may therefore, in principle, refuse to execute such a warrant only on the grounds for non-execution exhaustively listed by Framework Decision 2002/584 and that execution of the warrant may be made subject only to one of the conditions exhaustively laid down in Article 5 th... | 2020-12-17 |
110,586 | 62020CJ0665 | X. | 33 | 2021-04-29 | 33
In the second place, it is necessary, according to the settled case-law of the Court, to take into account the fact that the person concerned in the case in the main proceedings is currently deprived of his liberty and that the question whether he may continue to be held in custody depends on the outcome of the di... | 62020CJ0354 | Openbaar Ministerie v L. | 28 | In the second place, it is necessary, according to the case-law of the Court, to take into account the fact that the person concerned in the case in the main proceedings is currently deprived of his liberty and that the question whether he may continue to be held in custody depends on the outcome of the dispute in the ... | 2020-12-17 |
110,587 | 62020CJ0665 | X. | 56 | 2021-04-29 | 56
That interpretation is, moreover, consistent with the objective of Article 4(5) of the Framework Decision which, as is apparent from the wording of that provision and in accordance with Article 67(1) TFEU, is intended to enable the executing judicial authority to ensure legal certainty for the requested person by ... | 62014CJ0486 | Criminal proceedings against Piotr Kossowski. | 44 | 44
In that regard, it is clear from the Court’s case-law that the ne bis in idem principle in Article 54 of the CISA is intended, on the one hand, to ensure, in the area of freedom, security and justice, that a person whose trial has been finally disposed of is not prosecuted in several Contracting States for the sam... | 2016-06-29 |
110,588 | 62020CJ0665 | X. | 54 | 2021-04-29 | 54
Such mutual trust also exists between the States party to the CISA, Article 54 of which precludes a person whose trial has been finally disposed of in one contracting State from being ‘prosecuted’ in another contracting State (judgment of 29 June 2016, Kossowski, C‑486/14, EU:C:2016:483, paragraph 50 and the case-... | 62014CJ0486 | Criminal proceedings against Piotr Kossowski. | 50 | 50
Finally, as the Court has already stated, Article 54 of the CISA necessarily implies that the Contracting States have mutual trust in their criminal justice systems and that each of them recognises the criminal law in force in the other Contracting States even when the outcome would be different if its own nationa... | 2016-06-29 |
110,589 | 62020CJ0665 | X. | 77 | 2021-04-29 | 77
It is true that the application of the ne bis in idem principle necessarily presupposes the existence of trust in the criminal justice system of the country in which the judgment was delivered (see, to that effect, judgment of 9 March 2006, Van Esbroeck, C‑436/04, EU:C:2006:165, paragraph 30 and the case-law cited... | 62004CJ0436 | Criminal proceedings against Leopold Henri Van Esbroeck. | 30 | 30. There is a necessary implication in the ne bis in idem principle, enshrined in that article, that the Contracting States have mutual trust in their criminal justice systems and that each of them recognises the criminal law in force in the other Contracting States even when the outcome would be different if its own... | 2006-03-09 |
110,590 | 62020CJ0665 | X. | 69 | 2021-04-29 | 69
According to settled case-law, it follows from the need for uniform application of EU law and from the principle of equality that the terms of a provision of EU law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an autono... | 62020CJ0036 | Ministerio Fiscal v VL. | 53 | 53
Ainsi qu’il résulte d’une jurisprudence constante de la Cour, il découle des exigences tant de l’application uniforme du droit de l’Union que du principe d’égalité que les termes d’une disposition du droit de l’Union, qui ne comporte aucun renvoi exprès au droit des États membres pour déterminer son sens et sa por... | 2020-06-25 |
110,591 | 62020CJ0665 | X. | 100 | 2021-04-29 | 100
Legal certainty for persons who have been finally judged can be effectively guaranteed only if they can be sure that, once they have been convicted and when the penalty imposed on them can no longer be enforced under the laws of the sentencing country, they may travel within the European Union without fear of fur... | 62007CJ0297 | Klaus Bourquain. | 49 | 49. That interpretation is reinforced by the objective of Article 54 of the CISA, which is to ensure that no one is prosecuted for the same acts in several Contracting States on account of his having exercised his right to freedom of movement. | 2008-12-11 |
110,592 | 62020CJ0665 | X. | 100 | 2021-04-29 | 100
Legal certainty for persons who have been finally judged can be effectively guaranteed only if they can be sure that, once they have been convicted and when the penalty imposed on them can no longer be enforced under the laws of the sentencing country, they may travel within the European Union without fear of fur... | 62007CJ0297 | Klaus Bourquain. | 50 | 50. That right to freedom of movement is effectively guaranteed only if, in a situation such as that at issue in the main proceedings, the person can be sure that, once he has been convicted and when the penalty imposed on him can no longer be enforced under the laws of the sentencing Contracting State, he may travel w... | 2008-12-11 |
110,593 | 62020CJ0665 | X. | 71 | 2021-04-29 | 71
The Court also noted that the concept of ‘same acts’ also appeared in Article 54 of the CISA and, in view of the shared objective of that article and Article 3(2) of the Framework Decision, which is to ensure that a person is not prosecuted or tried more than once in respect of the same acts, it held that those tw... | 62009CJ0261 | Gaetano Mantello. | 40 | 40. In view of the shared objective of Article 54 of the CISA and Article 3(2) of the Framework Decision, which is to ensure that a person is not prosecuted or tried more than once in respect of the same acts, it must be accepted that an interpretation of that concept given in the context of the CISA is equally valid f... | 2010-11-16 |
110,594 | 62020CJ0665 | X. | 71 | 2021-04-29 | 71
The Court also noted that the concept of ‘same acts’ also appeared in Article 54 of the CISA and, in view of the shared objective of that article and Article 3(2) of the Framework Decision, which is to ensure that a person is not prosecuted or tried more than once in respect of the same acts, it held that those tw... | 62009CJ0261 | Gaetano Mantello. | 39 | 39. It should be recalled that that concept of the ‘same acts’ also appears in Article 54 of the CISA. In that context, the concept has been interpreted as referring only to the nature of the acts, encompassing a set of concrete circumstances which are inextricably linked together, irrespective of the legal classificat... | 2010-11-16 |
110,595 | 62020CJ0665 | X. | 70 | 2021-04-29 | 70
As regards, in particular, the concept of ‘same acts’ in Article 3(2) of the Framework Decision, the Court held that, since that provision made no reference to the law of the Member States with regard to that concept, the latter had to be given an autonomous and uniform interpretation throughout the European Union... | 62009CJ0261 | Gaetano Mantello. | 38 | 38. In that regard, the concept of ‘same acts’ in Article 3(2) of the Framework Decision cannot be left to the discretion of the judicial authorities of each Member State on the basis of their national law. It follows from the need for uniform application of European Union law that, since that provision makes no refere... | 2010-11-16 |
110,596 | 62020CJ0665 | X. | 38 | 2021-04-29 | 38
In the field governed by the Framework Decision, the principle of mutual recognition, which, as is apparent, in particular, from recital 6 thereof, constitutes the ‘cornerstone’ of judicial cooperation in criminal matters, is put into practice in Article 1(2) of that Framework Decision, which lays down the rule th... | 62018CJ0314 | SF. | 39 | 39
In the field governed by Framework Decision 2002/584, the principle of mutual recognition, which, as is apparent, in particular, from recital 6 of that framework decision, constitutes the ‘cornerstone’ of judicial cooperation in criminal matters, is put into practice in Article 1(2) of that framework decision, whi... | 2020-03-11 |
110,597 | 62020CJ0665 | X. | 46 | 2021-04-29 | 46
First, as the Court has repeatedly held, execution of the European arrest warrant constitutes the rule, whereas refusal to execute is intended to be an exception which must be interpreted strictly (see, to that effect, judgment of 11 March 2020, SF(European arrest warrant – Guarantee of return to the executing Sta... | 62018CJ0314 | SF. | 39 | 39
In the field governed by Framework Decision 2002/584, the principle of mutual recognition, which, as is apparent, in particular, from recital 6 of that framework decision, constitutes the ‘cornerstone’ of judicial cooperation in criminal matters, is put into practice in Article 1(2) of that framework decision, whi... | 2020-03-11 |
110,598 | 62020CJ0665 | X. | 40 | 2021-04-29 | 40
The Framework Decision explicitly sets out, in Article 3, grounds for mandatory non-execution of a European arrest warrant and, in Articles 4 and 4a, grounds for optional non-execution of such a warrant (see, to that effect, judgment of 11 March 2020, SF(European arrest warrant – Guarantee of return to the executi... | 62018CJ0314 | SF. | 40 | 40
Framework Decision 2002/584 thus explicitly sets out the grounds for mandatory non-execution (Article 3) and optional non-execution (Articles 4 and 4a) of a European arrest warrant, as well as the guarantees to be given by the issuing Member State in particular cases (Article 5). Although the system established by... | 2020-03-11 |
110,599 | 62020CJ0665 | X. | 37 | 2021-04-29 | 37
As a preliminary point, it should be recalled that the Framework Decision seeks, by the establishment of a simplified and effective system for the surrender of persons convicted or suspected of having infringed criminal law, to facilitate and accelerate judicial cooperation with a view to contributing to the attai... | 62018CJ0314 | SF. | 38 | 38
In that context, Framework Decision 2002/584 seeks, by the establishment of a new simplified and more effective system for the surrender of persons convicted or suspected of having infringed criminal law, to facilitate and accelerate judicial cooperation with a view to contributing to the attainment of the objecti... | 2020-03-11 |
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