Search Results

Judgment of the Court (Sixth Chamber) of 21 December 2021.
DP and SG v Trapeza Peiraios AE.
Request for a preliminary ruling from the Polymeles Protodikeio Athinon.
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms – Article 1(2) – Contractual terms reflecting mandatory statutory or regulatory provisions – Exclusion from the scope of the directive – Loan repayable in foreign currency – Term reflecting a national provision of a supplementary nature – Effect of non-transposition of Article 1(2) of the directive – Article 3(1) and Article 4(1) – Assessment of the unfairness of a term – Article 8 – Adoption or retention of national provisions ensuring a maximum degree of protection for the consumer – Interaction between these various provisions of Directive 93/13.
Case C-243/20.

Court reports – general – 'Information on unpublished decisions' section

ECLI identifier: ECLI:EU:C:2021:1045

Judgment of the Court (Grand Chamber) of 21 December 2021.
Criminal proceedings against PM and Others.
Requests for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie and Tribunalul Bihor.
Reference for a preliminary ruling – Decision 2006/928/EC – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Legal nature and effects – Binding on Romania – Rule of law – Judicial independence – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Fight against corruption – Protection of the European Union’s financial interests – Article 325(1) TFEU – ‘PFI’ Convention – Criminal proceedings – Decisions of the Curtea Constituțională (Constitutional Court, Romania) concerning the legality of the taking of certain evidence and the composition of judicial panels in cases of serious corruption – Duty on national courts to give full effect to the decisions of the Curtea Constituțională (Constitutional Court) – Disciplinary liability of judges in case of non-compliance with such decisions – Power to disapply decisions of the Curtea Constituțională (Constitutional Court) that conflict with EU law – Principle of primacy of EU law.
Joined Cases C-357/19, C-379/19, C-547/19, C-811/19 and C-840/19.

Court reports – general – 'Information on unpublished decisions' section

ECLI identifier: ECLI:EU:C:2021:1034

Judgment of the Court (Grand Chamber) of 21 December 2021.
Randstad Italia SpA v Umana SpA and Others.
Request for a preliminary ruling from the Corte suprema di cassazione.
Reference for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Obligation of Member States to provide remedies sufficient to ensure effective legal protection in the fields covered by Union law – Public procurement – Directive 89/665/EEC – Article 1(1) and (3) – Article 47 of the Charter of Fundamental Rights of the European Union – Judgment of a Member State’s highest administrative court declaring inadmissible, in breach of the case-law of the Court of Justice, an action brought by a tenderer excluded from a public procurement procedure – No remedy against that judgment before the highest court in that Member State’s judicial order – Principles of effectiveness and equivalence.
Case C-497/20.

Court reports – general – 'Information on unpublished decisions' section

ECLI identifier: ECLI:EU:C:2021:1037

Judgment of the Court (First Chamber) of 21 December 2021.
Airhelp Limited v Laudamotion GmbH.
Request for a preliminary ruling from the Landesgericht Korneuburg.
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Article 2(l) – Article 5(1)(c) – Flight booked through an online platform – Flight departure time brought forward by the operating air carrier – Classification – Receipt of notification of the flight being brought forward sent to an electronic address not belonging to the passengers concerned – Directive 2000/31/EC – Electronic commerce – Article 11 – Presumption of receipt – Scope of the operating air carrier’s obligation to provide information.
Case C-263/20.

Court reports – general – 'Information on unpublished decisions' section

ECLI identifier: ECLI:EU:C:2021:1039

Judgment of the Court (First Chamber) of 21 December 2021.
EP and GM v Corendon Airlines Turistik Hava Tasimacilik A.S.
Request for a preliminary ruling from the Landgericht Düsseldorf.
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Article 2(l) – Article 5(1) – Change in the departure time of a flight – Departure postponed by approximately three hours – Passengers notified nine days before departure – Concepts of ‘cancellation’ and ‘delay’.
Case C-395/20.

Court reports – general – 'Information on unpublished decisions' section

ECLI identifier: ECLI:EU:C:2021:1041

Judgment of the Court (Seventh Chamber) of 21 December 2021.
P. Krücken Organic GmbH v European Commission.
Case C-586/20 P.

ECLI identifier: ECLI:EU:C:2021:1046

Judgment of the Court (Grand Chamber) of 21 December 2021.
Bank Melli Iran v Telekom Deutschland GmbH.
Request for a preliminary ruling from the Hanseatisches Oberlandesgericht Hamburg.
Reference for a preliminary ruling – Commercial policy – Regulation (EC) No 2271/96 – Protection against the effects of the extraterritorial application of legislation adopted by a third country – Restrictive measures taken by the United States of America against Iran – Secondary sanctions adopted by that third country preventing persons from engaging, outside its territory, in commercial relationships with certain Iranian undertakings – Prohibition on complying with such a law – Exercise of the right of ordinary termination.
Case C-124/20.

Court reports – general – 'Information on unpublished decisions' section

ECLI identifier: ECLI:EU:C:2021:1035

Judgment of the Court (Fifth Chamber) of 21 December 2021.
XY v Finanzamt V.
Request for a preliminary ruling from the Finanzgericht Düsseldorf.
Reference for a preliminary ruling – Free movement of capital – Articles 63 and 65 TFEU – National legislation on inheritance tax – Immovable property situated in a Member State – Limited tax liability – Different treatment of residents and non-residents – Right to an allowance on the taxable value – Proportionate reduction in the case of limited tax liability – Liabilities under reserved portions – No deduction in the case of limited tax liability.
Case C-394/20.

Court reports – general – 'Information on unpublished decisions' section

ECLI identifier: ECLI:EU:C:2021:1044

Judgment of the Court (Third Chamber) of 21 December 2021.
Aeris Invest Sàrl v Single Resolution Board.
Appeal – Economic and monetary union – Banking union – Recovery and resolution of credit institutions and investment firms – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Board (SRB) – Resolution procedure applicable where an entity is failing or is likely to fail – Adoption of a resolution scheme in respect of Banco Popular Español SA – Sale of business tool – Write-down and conversion of capital instruments – Regulation (EU) No 806/2014 – Article 20 – Concept of ‘definitive valuation’ – Consequences – Refusal or failure to proceed with an ex post definitive valuation – Remedies – Action for annulment.
Case C-874/19 P.

Court reports – general – 'Information on unpublished decisions' section

ECLI identifier: ECLI:EU:C:2021:1040

Judgment of the Court (First Chamber) of 21 December 2021.
AD and Others v Corendon Airlines and Others.
Requests for a preliminary ruling from the Landgericht Düsseldorf and Landesgericht Korneuburg.
References for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Articles 2 and 3 – Concepts of ‘operating air carrier’, ‘confirmed reservation’ and ‘scheduled time of arrival’ – Articles 5, 7 and 8 – Flight departure time brought forward in relation to the original planned departure time – Classification – Reduction in the amount of compensation – Offer of re-routing – Article 14 – Obligation to inform passengers of their rights – Scope.
Joined Cases C-146/20, C-188/20, C-196/20 and C-270/20.

Court reports – general – 'Information on unpublished decisions' section

ECLI identifier: ECLI:EU:C:2021:1038