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Judgment of the Court (Third Chamber) of 29 July 2024.
Société BP France v Ministre de l’Économie, des Finances et de la Souveraineté industrielle et numérique.
Request for a preliminary ruling from the Conseil d'État.
Reference for a preliminary ruling – Promotion of the use of energy from renewable sources – Directive 2009/28/EC – Articles 17 and 18 – Directive 2018/2001 – Articles 25, 29 and 30 – Sustainability and greenhouse gas emissions saving criteria – Verification of compliance with those criteria – Biofuels used for transport – Production of fuels using the co-processing procedure – Evidence of compliance with those sustainability criteria – Mass balance method – Methods for evaluating the content of hydrotreated vegetable oils (HVO) in fuels produced using that procedure – Member State’s legislation requiring a physical carbon-14 analysis – Article 34 TFEU – Free movement of goods.
Case C-624/22.

Court reports – general – 'Information on unpublished decisions' section

ECLI identifier: ECLI:EU:C:2024:640

Judgment of the Court (Second Chamber) of 7 March 2024.
Autorità di Regolazione per Energia Reti e Ambiente (ARERA) v Fallimento Esperia spa and Gestore dei Servizi Energetici SpA - GSE.
Request for a preliminary ruling from the Consiglio di Stato.
Reference for a preliminary ruling – National support scheme providing for the award of tradable green certificates to national producers of electricity from renewable energy sources – Import of electricity produced from renewable energy sources in another Member State – Obligation to purchase green certificates – Penalty – Exemption – Directive 2001/77/EC – Directive 2009/28/EC – Support scheme – Guarantees of origin – Free movement of goods – Articles 18, 28, 30, 34 and 110 TFEU – State aid – Articles 107 and 108 TFEU – State resources – Selective advantage.
Case C-558/22.

Court reports – general

ECLI identifier: ECLI:EU:C:2024:209

Judgment of the Court (Tenth Chamber) of 18 January 2024.
Hewlett Packard Development Company LP v Senetic Spółka Akcyjna.
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie.
Reference for a preliminary ruling – Free movement of goods – Articles 34 and 36 TFEU – Intellectual property – EU trade mark – Regulation (EC) No 207/2009 – Article 13 – Regulation (EU) 2017/1001 – Article 15 – Exhaustion of the rights conferred by a trade mark – Placing on the market within the European Union or the European Economic Area (EEA) – Consent of the proprietor of the trade mark – Place of first marketing of goods by the proprietor of the trade mark or with his consent – Burden of proof.
Case C-367/21.

ECLI identifier: ECLI:EU:C:2024:61

Judgment of the Court (Fifth Chamber) of 21 December 2023.
CDIL ̶ Companhia de Distribuição Integral Logística Portugal, SA v Autoridade Tributária e Aduaneira.
Request for a preliminary ruling from the Supremo Tribunal Administrativo.
Reference for a preliminary ruling – Free movement of goods – Article 34 TFEU – Quantitative restrictions on importation – Measures having equivalent effect – National legislation limiting the quantity of cigarettes which can be released for consumption during a given period to a maximum corresponding to the monthly average of the quantities released for consumption in the preceding 12 months – Article 36 TFEU – Justification – Combating tax avoidance and abusive practices – Protection of public health – Taxation – Excise duties – Directive 2008/118/EC – Article 7 – Time at which excise duties become chargeable – Release for consumption of excise goods – Article 9 – Chargeability conditions and applicable rate of excise duty – Applicable quantitative limit exceeded – Excess – Application of the rate of excise duty in force on the date on which the declaration of discharge is lodged.
Case C-96/22.

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

ECLI identifier: ECLI:EU:C:2023:1025

Opinion of Advocate General Pikamäe delivered on 8 June 2023.
CDIL ̶ Companhia de Distribuição Integral Logística Portugal, SA v Autoridade Tributária e Aduaneira.
Request for a preliminary ruling from the Supremo Tribunal Administrativo.
Reference for a preliminary ruling – Free movement of goods – Article 34 TFEU – Quantitative restrictions on importation – Measures having equivalent effect – National legislation limiting the quantity of cigarettes which can be released for consumption during a given period to a maximum corresponding to the monthly average of the quantities released for consumption in the preceding 12 months – Article 36 TFEU – Justification – Combating tax avoidance and abusive practices – Protection of public health – Taxation – Excise duties – Directive 2008/118/EC – Article 7 – Time at which excise duties become chargeable – Release for consumption of excise goods – Article 9 – Chargeability conditions and applicable rate of excise duty – Applicable quantitative limit exceeded – Excess – Application of the rate of excise duty in force on the date on which the declaration of discharge is lodged.
Case C-96/22.

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

ECLI identifier: ECLI:EU:C:2023:470

Judgment of the Court (Tenth Chamber) of 23 March 2023.
Proceedings brought by Booky.fi Oy.
Request for a preliminary ruling from the Korkein hallinto-oikeus.
Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Measure having equivalent effect to a quantitative restriction – Recordings of audiovisual programmes – Online sale – Legislation of a Member State requiring classification according to age and labelling of programmes – Protection of minors – Recordings already classified and labelled in another Member State – Proportionality.
Case C-662/21.

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

ECLI identifier: ECLI:EU:C:2023:239

Judgment of the Court (Eighth Chamber) of 2 February 2023.
Proceedings brought by A.
Request for a preliminary ruling from the Korkein hallinto-oikeus.
Reference for a preliminary ruling – Internal taxation – Article 110 TFEU – Motor vehicles – Tax on vehicles – Second-hand vehicles imported from other Member States – Second-hand vehicles exported to other Member States – Refund of that tax on export – Restriction on that refund to vehicles which were put into circulation less than ten years ago.
Case C-676/21.

Court reports – general

ECLI identifier: ECLI:EU:C:2023:63

Judgment of the Court (Fifth Chamber) of 17 November 2022.
Impexeco NV and PI Pharma NV v Novartis AG and Novartis Pharma NV.
Requests for a preliminary ruling from the Hof van beroep te Brussel.
References for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Intellectual property – Trade marks – Regulation (EC) No 207/2009 – Article 9(2) – Article 13 – Directive 2008/95 – Article 5(1) – Article 7 – Rights conferred by a trade mark – Exhaustion of the rights conferred by a trade mark – Parallel imports of medicinal products – Reference medicinal product and generic medicinal product – Economically linked undertakings – Repackaging of the generic medicinal product – New outer packaging – Affixing the trade mark of the reference medicinal product – Opposition by the proprietor of the trade mark – Artificial partitioning of the markets between the Member States.
Joined Cases C-253/20 and C-254/20.

ECLI identifier: ECLI:EU:C:2022:894

Judgment of the Court (Fifth Chamber) of 17 November 2022.
Merck Sharp & Dohme BV and Others v Abacus Medicine A/S and Others.
Request for a preliminary ruling from the Sø- og Handelsretten.
Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Intellectual property – Trade marks – Regulation (EU) 2017/1001 – EU trade mark – Article 9(2) – Article 15 – Directive (EU) 2015/2436 – Approximation of the laws of the Member States relating to trade marks – Article 10(2) – Article 15 – Rights conferred by a trade mark – Exhaustion of the rights conferred by a trade mark – Parallel import of medicinal products – Repackaging of the product bearing the mark – New outer packaging – Replacement of the trade mark appearing on the original outer packaging by another product name – Reaffixing of the trade mark of the proprietor specific to the product, to the exclusion of the other distinctive marks or signs appearing on that original outer packaging – Opposition by the proprietor of the mark – Artificial partitioning of the markets between Member States – Medicinal products for human use – Directive 2001/83/EC – Article 47a – Safety features – Replacement – Equivalent features – Delegated Regulation (EU) 2016/161 – Article 3(2) – Anti-tampering device.
Case C-224/20.

ECLI identifier: ECLI:EU:C:2022:893

Judgment of the Court (Second Chamber) of 7 July 2022.
PH v Regione Autonoma Friuli Venezia Giulia and Direzione centrale risorse agroalimentari, forestali e ittiche - Servizio foreste e corpo forestale della Regione Autonoma Friuli Venezia Giulia.
Request for a preliminary ruling from the Tribunale ordinario di Pordenone.
Reference for a preliminary ruling – Agriculture – Genetically modified food and feed – Regulation (EC) No 1829/2003 – Deliberate release into the environment of genetically modified organisms – Directive 2001/18/EC – Article 26a – Possibility for Member States to take appropriate measures to avoid the unintended presence of genetically modified organisms in other products – Conditions of application – Principle of proportionality – Guidelines for the development of national coexistence measures to avoid the unintended presence of genetically modified organisms in conventional and organic crops – Measure adopted by an infra-State body prohibiting on its territory the cultivation of genetically modified maize.
Case C-24/21.

Court reports – general

ECLI identifier: ECLI:EU:C:2022:526