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Domain: All, Documents mentioning: 12008E114, Search language: English
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Judgment of the General Court (Seventh Chamber) of 15 February 2023 (Extracts).
UPL Europe Ltd and Indofil Industries (Netherlands) BV v European Commission.
Plant protection products – Active substance mancozeb – Non-renewal of approval – Regulation (EC) No 1107/2009 and Implementing Regulation (EU) No 844/2012 – Procedure for assessing the application for renewal of approval of an active substance – Designation of a new rapporteur Member State due to the withdrawal of the previous rapporteur Member State from the European Union – Rights of the defence – Principle of sound administration – Manifest error of assessment – Procedure for harmonised classification and labelling – Regulation (EC) No 1272/2008 – Legitimate expectations.
Case T-742/20.

ECLI identifier: ECLI:EU:T:2023:74

CELEX number:
62020TJ0742
Form:
Judgment
Author:
General Court
Date of document:
15/02/2023

Judgment of the Court (Seventh Chamber) of 2 February 2023.
Criminal proceedings against TF.
Request for a preliminary ruling from the Hoge Raad der Nederlanden.
Reference for a preliminary ruling – Drug precursors – Framework Decision 2004/757/JHA – Article 2(1)(d) – Person involved in the transport and distribution of precursors used for the illicit production or manufacture of drugs – Regulation (EC) No 273/2004 – Scheduled substances – Article 2 – Concept of ‘operator’ – Article 8(1) – Circumstances suggesting that scheduled substances might be diverted for the illicit manufacture of narcotic drugs or psychotropic substances – Obligation to notify those circumstances – Concept of ‘circumstance’ – Scope.
Case C-806/21.

ECLI identifier: ECLI:EU:C:2023:61

CELEX number:
62021CJ0806
Form:
Judgment
Author:
Court of Justice
Date of document:
02/02/2023

Judgment of the General Court (Fifth Chamber) of 21 December 2022.
Firearms United Network and Others v European Commission.
REACH – Regulation (EU) 2021/57 – Updating of Annex XVII to Regulation (EC) No 1907/2006 – Restriction on lead – Use of lead shot for hunting in or around wetlands – Manifest error of assessment – Proportionality – Legal certainty – Presumption of innocence.
Case T-187/21.

ECLI identifier: ECLI:EU:T:2022:848

CELEX number:
62021TJ0187
Form:
Judgment
Author:
General Court
Date of document:
21/12/2022

Judgment of the Court (Second Chamber) of 22 December 2022.
Airbnb Ireland UC and Airbnb Payments UK Ltd v Agenzia delle Entrate.
Request for a preliminary ruling from the Consiglio di Stato.
Reference for a preliminary ruling – Internal market – Article 114(2) TFEU – Exclusion of fiscal provisions – Directive 2000/31/EC – Information society services – Electronic commerce – Online property intermediation platform – Article 1(5)(a) – Exclusion of the ‘field of taxation’ – Directive 2006/123/EC – Services in the internal market – Article 2(3) – Exclusion of the ‘field of taxation’ – Directive (EU) 2015/1535 – Article 1(1)(e) and (f) – Concepts of ‘rule on services’ and ‘technical regulation’ – Obligation on providers of property intermediation services to collect and transmit to the tax authorities data on rental contracts and to withhold tax at source on the payments made – Obligation on service providers that do not have a permanent establishment in Italy to appoint a tax representative – Article 56 TFEU – Restrictive nature – Legitimate objective – Disproportionate nature of the obligation to appoint a tax representative – Third paragraph of Article 267 TFEU – Prerogatives of a national court or tribunal against whose decisions there is no judicial remedy under national law.
Case C-83/21.

ECLI identifier: ECLI:EU:C:2022:1018

CELEX number:
62021CJ0083
Form:
Judgment
Author:
Court of Justice
Date of document:
22/12/2022

Judgment of the Court (Grand Chamber) of 22 November 2022.
European Commission v Council of the European Union.
Action for annulment – Council Decision (EU) 2019/1754 – Accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications – Article 3(1) TFEU – Exclusive competence of the European Union – Article 207 TFEU – Common commercial policy – Commercial aspects of intellectual property – Article 218(6) TFEU – Right of initiative of the European Commission – Modification by the Council of the European Union of the proposal from the Commission – Article 293(1) TFEU – Applicability – Article 4(3), Article 13(2) and Article 17(2) TEU – Article 2(1) TFEU – Principles of conferral of powers, of institutional balance and of sincere cooperation.
Case C-24/20.

ECLI identifier: ECLI:EU:C:2022:911

CELEX number:
62020CJ0024
Form:
Judgment
Author:
Court of Justice
Date of document:
22/11/2022

Order of the Court (Ninth Chamber) of 15 November 2022.
Corporate Commercial Bank v Elit Petrol AD.
Request for a preliminary ruling from the Okrazhen sad - Vidin.
Reference for a preliminary ruling – Article 53(2) and Articles 94 and 99 of the Rules of Procedure of the Court of Justice – Insolvency proceedings – Mutual set-offs with an insolvent credit institution – Retroactive amendment to the conditions for the enforcement of those set-offs – National legislation declared unconstitutional – Purely internal situation – Manifest inadmissibility.
Case C-260/21.

ECLI identifier: ECLI:EU:C:2022:881

CELEX number:
62021CO0260(01)
Form:
Order
Author:
Court of Justice
Date of document:
15/11/2022

Judgment of the Court (Grand Chamber) of 8 November 2022.
Deutsche Umwelthilfe eV v Bundesrepublik Deutschland.
Request for a preliminary ruling from the Schleswig-Holsteinisches Verwaltungsgericht.
Reference for a preliminary ruling – Environment – Aarhus Convention – Access to justice – Article 9(3) – Charter of Fundamental Rights of the European Union – Article 47, first paragraph – Right to effective judicial protection – Environmental association – Standing of such an association to bring an action before a national court against EC type-approval granted to certain vehicles – Regulation (EC) No 715/2007 – Article 5(2)(a) – Motor vehicles – Diesel engine – Pollutant emissions – Valve for exhaust gas recirculation (EGR valve) – Reduction of nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Defeat device – Authorisation of such a device where the need is justified in terms of protecting the engine against damage or accident and for safe operation of the vehicle – State of the art.
Case C-873/19.

ECLI identifier: ECLI:EU:C:2022:857

CELEX number:
62019CJ0873
Form:
Judgment
Author:
Court of Justice
Date of document:
08/11/2022

Judgment of the Court (Grand Chamber) of 8 November 2022.
Fiat Chrysler Finance Europe and Ireland v European Commission.
Appeal – State aid – Aid implemented by the Grand Duchy of Luxembourg – Decision declaring the aid incompatible with the internal market and unlawful and ordering its recovery – Tax ruling – Advantage – Selectivity – Arm’s length principle – Reference framework – National law applicable – ‘Normal’ taxation.
Joined Cases C-885/19 P and C-898/19 P.

ECLI identifier: ECLI:EU:C:2022:859

CELEX number:
62019CJ0885
Form:
Judgment
Author:
Court of Justice
Date of document:
08/11/2022

Judgment of the Court (Grand Chamber) of 14 July 2022.
Italian Republic and Comune di Milano v Council of the European Union and European Parliament.
Action for annulment – Law governing the institutions – Regulation (EU) 2018/1718 – Location of the seat of the European Medicines Agency (EMA) in Amsterdam (Netherlands) – Article 263 TFEU – Admissibility – Interest in bringing proceedings – Locus standi – Direct and individual concern – Decision adopted by the Representatives of the Governments of the Member States in the margins of a Council meeting in order to determine the location of the seat of an EU agency – Absence of binding effects in the EU legal order – Prerogatives of the European Parliament.
Joined Cases C-106/19 and C-232/19.

ECLI identifier: ECLI:EU:C:2022:568

CELEX number:
62019CJ0106
Form:
Judgment
Author:
Court of Justice
Date of document:
14/07/2022

Opinion of Advocate General Szpunar delivered on 7 July 2022.
Airbnb Ireland UC and Airbnb Payments UK Ltd v Agenzia delle Entrate.
Request for a preliminary ruling from the Consiglio di Stato.
Reference for a preliminary ruling – Internal market – Article 114(2) TFEU – Exclusion of fiscal provisions – Directive 2000/31/EC – Information society services – Electronic commerce – Online property intermediation platform – Article 1(5)(a) – Exclusion of the ‘field of taxation’ – Directive 2006/123/EC – Services in the internal market – Article 2(3) – Exclusion of the ‘field of taxation’ – Directive (EU) 2015/1535 – Article 1(1)(e) and (f) – Concepts of ‘rule on services’ and ‘technical regulation’ – Obligation on providers of property intermediation services to collect and transmit to the tax authorities data on rental contracts and to withhold tax at source on the payments made – Obligation on service providers that do not have a permanent establishment in Italy to appoint a tax representative – Article 56 TFEU – Restrictive nature – Legitimate objective – Disproportionate nature of the obligation to appoint a tax representative – Third paragraph of Article 267 TFEU – Prerogatives of a national court or tribunal against whose decisions there is no judicial remedy under national law.
Case C-83/21.

ECLI identifier: ECLI:EU:C:2022:545

CELEX number:
62021CC0083
Form:
Opinion of the Advocate General
Author:
Court of Justice
Date of document:
07/07/2022
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