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Opinion of Advocate General Ćapeta delivered on 13 July 2023.
European Union Intellectual Property Office v The KaiKai Company Jaeger Wichmann GbR.
Appeal – Intellectual property – Community designs – Patent Cooperation Treaty (PCT) – Agreement on Trade-Related Aspects of Intellectual Property Rights – Paris Convention for the Protection of Industrial Property – Article 4 – Regulation (EC) No 6/2002 – Article 41 – Application for registration of a Community design – Right of priority – Priority claim based on an international application filed under the PCT – Time period – Interpretation consistent with Article 4 of that convention – Limits.
Case C-382/21 P.

Court reports – general – 'Information on unpublished decisions' section

ECLI identifier: ECLI:EU:C:2023:576

Judgment of the Court (Eighth Chamber) of 4 May 2023.
ALD Automotive s.r.o. v DY.
Request for a preliminary ruling from the Vrchní soud v Praze.
Reference for a preliminary ruling – Directive 2011/7/EU – Combating late payments in commercial transactions – Article 6 – Fixed minimum sum of EUR 40 as compensation for the recovery costs incurred by the creditor – Late payment regarding contracts for successive performance – Fixed compensation due in respect of each late payment – Obligation to give full effect to EU law – Obligation of interpretation in compliance with EU law – General principles of national private law.
Case C-78/22.

Court reports – general

ECLI identifier: ECLI:EU:C:2023:379

Judgment of the Court (Ninth Chamber) of 27 April 2023.
Banca A v Agenţia Naţională de Administrare Fiscală (ANAF) and Preşedintele ANAF.
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie.
Reference for a preliminary ruling – Directive 2009/133/EC – Article 7 – Merger by absorption – Purely domestic operation – Primacy of EU law outside the scope of EU law – None – Interpretation of EU law outside its scope – Jurisdiction of the Court to deliver preliminary rulings – Condition – EU law made applicable by national law directly and unconditionally.
Case C-827/21.

ECLI identifier: ECLI:EU:C:2023:355

Judgment of the Court (Grand Chamber) of 28 June 2022.
European Commission v Kingdom of Spain.
Failure of a Member State to fulfil obligations – Liability of Member States for loss or harm caused to individuals by breaches of EU law – Breach of EU law attributable to the national legislature – Breach of the Constitution of a Member State attributable to the national legislature – Principles of equivalence and effectiveness.
Case C-278/20.

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

ECLI identifier: ECLI:EU:C:2022:503

Opinion of Advocate General Szpunar delivered on 15 July 2021.
Thelen Technopark Berlin GmbH v MN.
Request for a preliminary ruling from the Bundesgerichtshof.
Reference for a preliminary ruling – Freedom to provide services – Article 49 TFEU – Directive 2006/123/EC – Article 15 – Architects’ and engineers’ fees – Fixed minimum tariffs – Direct effect – Judgment establishing a failure to fulfil obligations delivered during proceedings before a national court or tribunal.
Case C-261/20.

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ECLI identifier: ECLI:EU:C:2021:620

Judgment of the General Court (Second Chamber, Extended Composition) of 12 May 2021.
Grand Duchy of Luxembourg and Others v European Commission.
State aid – Aid implemented by Luxembourg in favour of ENGIE – Decision declaring the aid incompatible with the internal market and unlawful and ordering its recovery – Tax rulings – State resources – Advantage – Combined effect of two tax measures – Participation exemption regime – Taxation of profit distributions – Abuse of law – Selectivity – Reference framework – Finding of a derogation – Comparability of situations – Parent-subsidiary arrangement – Group of companies – Recovery – Indirect harmonisation – Procedural rights – Obligation to state reasons.
Cases T-516/18 and T-525/18.

ECLI identifier: ECLI:EU:T:2021:251

Judgment of the Court (Second Chamber) of 21 January 2021.
Consiliul Concurenţei v Whiteland Import Export SRL.
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie.
Reference for a preliminary ruling – Competition – Penalties imposed by the national competition authority – Limitation period – Actions interrupting the limitation period – National legislation precluding, after the initiation of an investigation, the possibility that subsequent action for the purpose of proceedings or investigation may interrupt the new limitation period – Principle that national law must be interpreted in conformity with EU law – Regulation (EC) No 1/2003 – Article 25(3) – Scope – Article 4(3) TEU – Article 101 TFEU – Principle of effectiveness.
Case C-308/19.

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

ECLI identifier: ECLI:EU:C:2021:47

Opinion of Advocate General Kokott delivered on 10 September 2020.
Euromin Holdings (Cyprus) Limited.
Request for a preliminary ruling from the Augstākā tiesa (Senāts).
Request for a preliminary ruling – Company law – Directive 2004/25/EC – Takeover bid – first and second subparagraphs of Article 5(4) – Protection of minority shareholders – Mandatory bid – Method of calculating the value of shares in order to determine the equitable price – Power to adjust the equitable price – Exceptions to the standard method of calculation in circumstances and in accordance with criteria that are clearly determined – Liability of the Member State concerned – Damage suffered by the offeror as a result of an excessively high bid.
Case C-735/19.

ECLI identifier: ECLI:EU:C:2020:697

Opinion of Advocate General Kokott delivered on 3 October 2019.
Herst s.r.o. v Odvolací finanční ředitelství.
Request for a preliminary ruling from the Krajský soud v Praze.
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 2(1)(b) — Intra-Community acquisition of goods — Article 20 — Acquisition of the right to dispose of goods as owner — Chain of transactions for the purchase and resale of goods with a single intra-Community transport — Right to take decisions capable of affecting the legal situation of property — Transaction to which the transport should be ascribed — Transport under an excise duty suspension arrangement — Temporal effect of judgments by way of interpretation.
Case C-401/18.

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

ECLI identifier: ECLI:EU:C:2019:834

Opinion of the European Central Bank of 6 April 2017 on the identification of critical infrastructures for the purpose of information technology security (CON/2017/10)

(CON/2017/10)