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Opinion of Advocate General Emiliou delivered on 16 February 2023.
Asociaţia “Forumul Judecătorilor din România” and YN v Consiliul Superior al Magistraturii.
Request for a preliminary ruling from the Curtea de Apel Ploieşti.
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 – Article 2 TEU – Second subparagraph of Article 19(1) TEU – Rule of law – Charter of Fundamental Rights of the European Union – Article 47 – Independence of judges – National legislation altering the scheme for the promotion of judges.
Case C-216/21.

Court reports – general

ECLI identifier: ECLI:EU:C:2023:116

Judgment of the General Court (Tenth Chamber, Extended Composition) of 4 May 2022.
Wizz Air Hungary Légiközlekedési Zrt. (Wizz Air Hungary Zrt.) v European Commission.
State aid – Air transport – Support measure taken by Romania – Rescue aid to TAROM – Decision not to raise any objections – Action for annulment – Status as a party concerned – Safeguarding of procedural rights – Admissibility – Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty – Measure aiming to prevent social hardship or to address market failure – ‘One time, last time’ principle – Effect of earlier aid granted before Romania’s accession to the European Union – Serious difficulties – Obligation to state reasons.
Case T-718/20.

Court reports – general

ECLI identifier: ECLI:EU:T:2022:276

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

Opinion of Advocate General Szpunar delivered on 1 July 2021.
European Commission v European Food SA and Others.
Appeal – State aid – Articles 107 and 108 TFEU – Bilateral Investment Treaty – Arbitration clause – Romania – Accession to the European Union – Repeal of a tax incentives scheme prior to accession – Arbitral award granting payment of damages after accession – European Commission decision declaring that payment to be State aid incompatible with the internal market and ordering its recovery – Competence of the Commission – Application ratione temporis of EU law – Determination of the date at which the right to receive aid is conferred on the beneficiary – Article 19 TEU – Articles 267 and 344 TFEU – Autonomy of EU law.
Case C-638/19 P.

; Court reports – general – 'Information on unpublished decisions' section

ECLI identifier: ECLI:EU:C:2021:529

Judgment of the Court (Grand Chamber) of 18 May 2021.
Asociaţia 'Forumul Judecătorilor din România' and Others v Inspecţia Judiciară and Others.
Requests for a preliminary ruling from theTribunalul Olt and Others.
Reference for a preliminary ruling – Treaty of Accession of the Republic of Bulgaria and Romania to the European Union – Act concerning the conditions of accession to the European Union of the Republic of Bulgaria and Romania – Articles 37 and 38 – Appropriate measures – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Decision 2006/928/EC – Legal nature and effects of the cooperation and verification mechanism and of the reports established by the Commission on the basis of that mechanism – Rule of law – Judicial independence – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Laws and government emergency ordinances adopted in Romania in the course of 2018 and 2019 concerning the organisation of the judicial system and the liability of judges – Interim appointment to management positions of the Judicial Inspectorate – Establishment of a section within the Public Prosecutor’s Office for the investigation of offences committed within the judicial system – Financial liability of the State and personal liability of judges in the event of judicial error.
Joined Cases C-83/19, C-127/19, C-195/19, C-291/19, C-355/19 and C-397/19.

ECLI identifier: ECLI:EU:C:2021:393

Opinion of Advocate General Bobek delivered on 23 September 2020.
Asociaţia 'Forumul Judecătorilor din România' and Others v Inspecţia Judiciară and Others.
Requests for a preliminary ruling from theTribunalul Olt and Others.
Reference for a preliminary ruling – Treaty of Accession of the Republic of Bulgaria and Romania to the European Union – Act concerning the conditions of accession to the European Union of the Republic of Bulgaria and Romania – Articles 37 and 38 – Appropriate measures – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Decision 2006/928/EC – Legal nature and effects of the cooperation and verification mechanism and of the reports established by the Commission on the basis of that mechanism – Rule of law – Judicial independence – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Laws and government emergency ordinances adopted in Romania in the course of 2018 and 2019 concerning the organisation of the judicial system and the liability of judges – Interim appointment to management positions of the Judicial Inspectorate – Establishment of a section within the Public Prosecutor’s Office for the investigation of offences committed within the judicial system – Financial liability of the State and personal liability of judges in the event of judicial error.
Joined Cases C-83/19, C-127/19, C-195/19, C-291/19, C-355/19 and C-397/19.

ECLI identifier: ECLI:EU:C:2020:746

Opinion of Advocate General Pitruzzella delivered on 21 November 2019.
D. Z. v Blue Air - Airline Management Solutions SRL.
Request for a preliminary ruling from the Eparchiako Dikastirio Larnakas.
Reference for a preliminary ruling – Area of freedom, security and justice – Border controls, asylum and immigration – Decision No 565/2014/EU – Simplified regime for the control of persons at the external borders – Third-country national in possession of a temporary residence permit issued by a Member State – Article 3 – Recognition by Bulgaria, Croatia, Cyprus and Romania of certain documents as equivalent to their national visas – Ability to rely on a decision against a State – Direct effect – Body governed by private law regarded as an emanation of the State – Conditions – Regulation (EC) No 562/2006 – Schengen Borders Code – Article 13 – Refusal of entry into the territory of a Member State – Obligation to state reasons – Regulation (EC) No 261/2004 – Compensation and assistance to air passengers in the event of denied boarding – Article 2(j) – Denied boarding based on the allegedly inadequate nature of travel documentation – Article 15 – Obligations of air carriers towards passengers – Inadmissibility of the derogations provided for in the contract of carriage or other documents.
Case C-584/18.

ECLI identifier: ECLI:EU:C:2019:1003

Judgment of the General Court (Second Chamber, Extended Composition) of 18 June 2019.
European Food SA and Others v European Commission.
State aid — Award made by an arbitral tribunal established under the auspices of the International Centre for Settlement of Investment Disputes (ICSID) — Payment of compensation granted to certain economic operators — Decision declaring the aid incompatible with the internal market and ordering its recovery — Competence of the Commission.
Cases T-624/15, T-694/15 and T-704/15.

ECLI identifier: ECLI:EU:T:2019:423

Case C-127/19: Request for a preliminary ruling from the Curtea de Apel Pitești (Romania) lodged on 18 February 2019 — Asociația ‘Forumul Judecătorilor din România’, Asociația ‘Mișcarea pentru Apărarea Statutului Procurorilor’ v Consiliul Superior al Magistraturii

OJ C 187, 03/06/2019, p. 32–33 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

OJ C 187, 03/06/2019, p. 32–33

Case C-83/19: Request for a preliminary ruling from the Tribunalul Olt (Romania) lodged on 5 February 2019 — Asociația ‘Forumul Judecătorilor din România’ v Inspecția Judiciară

OJ C 187, 03/06/2019, p. 31–32 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

OJ C 187, 03/06/2019, p. 31–32