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Case C-97/24, The Minister for Children, Equality, Disability, Integration and Youth: Reference for a preliminary ruling from High Court (Ireland) made on 6 February 2024 – S.A., R.J. v The Minister for Children, Equality, Disability, Integration and Youth, Ireland, The Attorney General

OJ C, C/2024/3309, 3.6.2024, ELI: http://data.europa.eu/eli/C/2024/3309/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

OJ C, C/2024/3309, 3.6.2024, ELI: http://data.europa.eu/eli/C/2024/3309/oj

Judgment of the Court (Grand Chamber) of 21 December 2023.
VK and Others v BMW Bank GmbH and Others.
Requests for a preliminary ruling from the Landgericht Ravensburg.
Reference for a preliminary ruling – Consumer protection – Leasing agreement for a motor vehicle without an obligation to purchase – Directive 2008/48/EC – Article 2(2)(d) – Concept of a leasing agreement without an obligation to purchase the object of the agreement – Directive 2002/65/EC – Article 1(1) and Article 2(b) – Concept of a contract for financial services – Directive 2011/83/EU – Article 2(6) and Article 3(1) – Concept of a service contract – Article 2(7) – Concept of a distance contract – Article 2(8) – Concept of an off-premises contract – Article 16(l) – Exception from the right of withdrawal in respect of the provision of car rental services – Credit agreement for the purchase of a motor vehicle – Directive 2008/48 – Article 10(2) – Requirements relating to the information that must be stated in the agreement – Presumption of compliance with the obligation to provide information in the case of use of a statutory information model – Absence of horizontal direct effect of a directive – Article 14(1) – Right of withdrawal – Start of the withdrawal period in the event of incomplete or incorrect information – Abusive nature of the exercise of the right of withdrawal – Time-barring of the right of withdrawal – Obligation to return the vehicle in advance in the event of exercise of the right of withdrawal in respect of a linked credit agreement.
Joined Cases C-38/21, C-47/21 and C-232/21.

Court reports – general – 'Information on unpublished decisions' section

ECLI identifier: ECLI:EU:C:2023:1014

Opinion of Advocate General Kokott delivered on 13 July 2023.
AS 'Latvijas valsts meži' v Dabas aizsardzības pārvalde and Vides pārraudzības valsts birojs.
Request for a preliminary ruling from the Administratīvā rajona tiesa.
Reference for a preliminary ruling – Environment – Conservation of natural habitats and of wild fauna and flora – Directive 92/43/EEC – Article 6(3) – Concept of ‘plan or project’ on a protected site – Intervention in a forest to protect it from fire – Need to carry out a prior assessment of the implications of that intervention for the site concerned.
Case C-434/22.

Court reports – general

ECLI identifier: ECLI:EU:C:2023:595

Opinion of Advocate General Ćapeta delivered on 6 July 2023.
Dyson Ltd and Others v European Commission.
Appeal – Energy – Directive 2010/30/EU – Indication by labelling and standard product information of the consumption of energy and other resources by energy-related products – Delegated regulation of the European Commission supplementing that directive – Energy labelling of vacuum cleaners – Annulment – Actions for damages – Non-contractual liability of the European Union – Requirement of a sufficiently serious breach of a rule of law intended to confer rights on individuals – Manifest and grave disregard for the limits of discretion – Relevant factors in the case of the absence of any discretion.
Case C-122/22 P.

ECLI identifier: ECLI:EU:C:2023:552

Opinion of Advocate General Collins delivered on 16 February 2023.
VK and Others v BMW Bank GmbH and Others.
Requests for a preliminary ruling from the Landgericht Ravensburg.
Reference for a preliminary ruling – Consumer protection – Leasing agreement for a motor vehicle without an obligation to purchase – Directive 2008/48/EC – Article 2(2)(d) – Concept of a leasing agreement without an obligation to purchase the object of the agreement – Directive 2002/65/EC – Article 1(1) and Article 2(b) – Concept of a contract for financial services – Directive 2011/83/EU – Article 2(6) and Article 3(1) – Concept of a service contract – Article 2(7) – Concept of a distance contract – Article 2(8) – Concept of an off-premises contract – Article 16(l) – Exception from the right of withdrawal in respect of the provision of car rental services – Credit agreement for the purchase of a motor vehicle – Directive 2008/48 – Article 10(2) – Requirements relating to the information that must be stated in the agreement – Presumption of compliance with the obligation to provide information in the case of use of a statutory information model – Absence of horizontal direct effect of a directive – Article 14(1) – Right of withdrawal – Start of the withdrawal period in the event of incomplete or incorrect information – Abusive nature of the exercise of the right of withdrawal – Time-barring of the right of withdrawal – Obligation to return the vehicle in advance in the event of exercise of the right of withdrawal in respect of a linked credit agreement.
Joined Cases C-38/21, C-47/21 and C-232/21.

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

ECLI identifier: ECLI:EU:C:2023:107

Opinion of Advocate General Collins delivered on 15 December 2022.
Criminal proceedings against YP and Others.
Requests for a preliminary ruling from the Sąd Okręgowy w Warszawie.
References for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Rule of law – Effective legal protection in the fields covered by Union law – Independence of judges – Primacy of EU law – Article 4(3) TEU – Duty of sincere cooperation – Lifting of a judge’s immunity from prosecution and his or her suspension from duties ordered by the Izba Dyscyplinarna (Disciplinary Chamber) of the Sąd Najwyższy (Supreme Court, Poland) – Lack of independence and impartiality on the part of that chamber – Alteration of the composition of the court formation called on to adjudicate on a case which up to that time had been entrusted to that judge – Prohibitions on national courts calling into question the legitimacy of a court, on undermining its functioning or on assessing the legality or effectiveness of the appointment of judges or of their judicial powers, subject to disciplinary penalties – Obligation on the courts concerned and the bodies which have power to designate and modify the composition of court formations to disapply the measures lifting immunity and suspending the judge concerned – Obligation on the same courts and bodies to disapply the national provisions providing for those prohibitions.
Joined Cases C-615/20 and C-671/20.

ECLI identifier: ECLI:EU:C:2022:986

Opinion of Advocate General Ćapeta delivered on 8 September 2022.
J.K. v TP S.A.
Request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie.
Reference for a preliminary ruling – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 3(1)(a) and (c) – Conditions for access to self-employment – Employment and working conditions – Prohibition of discrimination based on sexual orientation – Self-employed person working on the basis of a contract for specific work – Termination and non-renewal of contract – Freedom to choose a contracting party.
Case C-356/21.

ECLI identifier: ECLI:EU:C:2022:653

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 Kokott delivered on 5 May 2022.
JP v Ministre de la Transition écologique and Premier ministre.
Request for a preliminary ruling from the Cour administrative d'appel de Versailles.
Reference for a preliminary ruling – Environment – Directives 80/779/EEC, 85/203/EEC, 96/62/EC, 1999/30/EC and 2008/50/EC – Air quality – Limit values for microparticles (PM10) and nitrogen dioxide (NO2) – Exceeded – Air quality plans – Damage caused to an individual on account of deterioration of the air resulting from the exceedance of those limit values – Liability of the Member State concerned – Conditions for establishing that liability – Requirement that the rule of EU law infringed be intended to confer rights on the individuals who have been harmed – No such intention.
Case C-61/21.

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

ECLI identifier: ECLI:EU:C:2022:359

Opinion of Advocate General Ćapeta delivered on 7 April 2022.
DB Station & Service AG v ODEG Ostdeutsche Eisenbahn GmbH.
Request for a preliminary ruling from the Kammergericht Berlin.
Reference for a preliminary ruling – Rail transport – Article 102 TFEU – Abuse of a dominant position – Directive 2001/14/EC – Access to railway infrastructure – Article 30 – Railway regulatory body – Review of infrastructure charges – National courts – Review of charges in the light of competition law – Division of competence between the regulatory authority and the national courts.
Case C-721/20.

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

ECLI identifier: ECLI:EU:C:2022:288