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Judgment of the Court (Third Chamber) of 18 April 2024.
Luis Carlos and Others v Air Berlín Luftverkehrs KG, Sucursal en España and Air Berlín PLC & CO Luftverkehrs KG.
Requests for a preliminary ruling from the Juzgado de lo Mercantil de Palma de Mallorca.
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) 2015/848 – Insolvency proceedings – Main insolvency proceedings in Germany and secondary insolvency proceedings in Spain – Challenge to the inventory of assets and the list of creditors submitted by the insolvency practitioner in the secondary insolvency proceedings – Classification of employees’ claims – Date to be taken into account – Transfer of assets situated in Spain to Germany – Composition of the estate in secondary insolvency proceedings – Time parameters to be taken into consideration.
Joined Cases C-765/22 and C-772/22.

ECLI identifier: ECLI:EU:C:2024:331

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) – Contract 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

Judgment of the General Court (Ninth Chamber) of 18 October 2023.
OAO Minskii Avtomobilnyi Zavod - upravljajusaja kompanija holdinga Belavtomaz v Council of the European Union.
Common foreign and security policy – Restrictive measures adopted in view of the situation in Belarus – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion and maintenance of the applicant’s name on the lists – Concept of ‘support for the regime’ – State-owned enterprise – Error of assessment.
Case T-532/21.

ECLI identifier: ECLI:EU:T:2023:656

Judgment of the General Court (Ninth Chamber) of 18 October 2023.
OAO Belaz-upravljajusaja kompanija holdinga Belaz Holding v Council of the European Union.
Common foreign and security policy – Restrictive measures adopted in view of the situation in Belarus – Freezing of funds – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion and maintenance of the applicant’s name on the lists – Concept of ‘support for the regime’ – State-owned enterprise – Error of assessment.
Case T-533/21.

ECLI identifier: ECLI:EU:T:2023:657

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) – Contract 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

Judgment of the General Court (Fifth Chamber) of 15 February 2023.
Belaeronavigatsia v Council of the European Union.
Common foreign and security policy – Restrictive measures taken in view of the situation in Belarus – Lists of persons, entities and bodies subject to the freezing of funds and economic resources – Inclusion and maintenance of the applicant’s name on the lists – Concept of ‘person responsible for repression’ – Error of assessment – Proportionality.
Case T-536/21.

ECLI identifier: ECLI:EU:T:2023:66

Judgment of the General Court (Fourth Chamber) of 7 September 2022.
DD v European Union Agency for Fundamental Rights.
Civil service – Temporary staff – Disciplinary regime – Removal from post – Opening of an administrative investigation – Initiation of disciplinary proceedings – Requirement for impartiality – Error of law – Manifest error of assessment – Articles 11, 12 and 21 of the Staff Regulations – Duty of loyalty – Legal certainty – Freedom of expression – Article 11 of the Charter of Fundamental Rights – Principle of sound administration – Duty of care – Presumption of innocence – Right to be heard – Reasonable period of time – Proportionality of the sanction.
Case T-470/20.

ECLI identifier: ECLI:EU:T:2022:511

Judgment of the Court (Eighth Chamber) of 31 March 2022.
DM v CTS Eventim AG & Co. KGaA.
Request for a preliminary ruling from the Amtsgericht Bremen.
Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Right of withdrawal for distance and off-premises contracts – Exceptions to the right of withdrawal – Article 16(l) – Provision of services related to leisure activities – Contract providing for a specific date or period of performance – Provision of ticket agency services – Intermediary acting in its name but on behalf of the organiser of a leisure activity – Risk associated with the exercise of the right of withdrawal.
Case C-96/21.

ECLI identifier: ECLI:EU:C:2022:238

Commission notice Guidance on the interpretation and application of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights (Text with EEA relevance) 2021/C 525/01

C/2021/9314

OJ C 525, 29/12/2021, p. 1–85 (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 525, 29/12/2021, p. 1–85

Judgment of the Court (Third Chamber) of 18 March 2021.
X v Kuoni Travel Ltd.
Request for a preliminary ruling from the Supreme Court of the United Kingdom.
Reference for a preliminary ruling – Directive 90/314/EEC – Article 5(2), third indent – Package travel, package holidays and package tours – Contract concerning package travel concluded between a travel organiser and a consumer – Liability of the travel organiser for the proper performance of obligations arising from the contract by other suppliers of services – Damage resulting from the acts of an employee of a supplier of services – Exemption from liability – Event that cannot be foreseen or forestalled by the travel organiser or the supplier of services – Concept of a ‘supplier of services’.
Case C-578/19.

ECLI identifier: ECLI:EU:C:2021:213