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Judgment of the Court (Third Chamber) of 21 December 2023.
Papier Mettler Italia S.r.l. v Ministero della Transizione Ecologica and Ministero dello Sviluppo Economico.
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio.
Reference for a preliminary ruling – Approximation of laws – Environment – Directive 94/62/EC – Packaging and packaging waste – Directive 98/34/EC – Information procedure in the field of technical standards and regulations and of rules on Information Society services – Obligation on the Member States to notify the European Commission of any draft technical regulation – National legislation containing stricter technical rules than those laid down by EU legislation.
Case C-86/22.

Court reports – general – 'Information on unpublished decisions' section

ECLI identifier: ECLI:EU:C:2023:1023

Judgment of the Court (Second Chamber) of 14 September 2023.
RTG v Tuk Tuk Travel SL.
Request for a preliminary ruling from the Juzgado de Primera Instancia de Cartagena.
Reference for a preliminary ruling – Directive (EU) 2015/2302 – Article 5 – Package travel and linked travel arrangements – Termination of a package travel contract – Unavoidable and extraordinary circumstances – COVID-19 pandemic – Right to terminate the contract – Request for full refund – Information obligation on the travel organiser – Article 12 – Application of the principles of the delimitation of the subject matter of an action by the parties and of the correlation between the claims put forward in the action and the rulings contained in the operative part – Effective protection of the consumer – Examination of its own motion by the national court – Conditions.
Case C-83/22.

ECLI identifier: ECLI:EU:C:2023:664

Judgment of the Court (Fourth Chamber) of 22 June 2023.
European Commission v Hungary.
Failure of a Member State to fulfil obligations – Area of freedom, security and justice – Policies on border checks, asylum and immigration – Procedures for granting international protection – Directive 2013/32/EU – Article 6 – Effective access – The making of an application – National legislation laying down prior administrative steps to be carried out outside the territory of the Member State – Public health objective.
Case C-823/21.

Court reports – general – 'Information on unpublished decisions' section

ECLI identifier: ECLI:EU:C:2023:504

Judgment of the Court (Eighth Chamber) of 23 March 2023.
Syndicat Uniclima v Ministre de l'Intérieur.
Request for a preliminary ruling from the Conseil d'État.
Reference for a preliminary ruling – Internal market – Harmonisation of the laws of the Member States relating to machinery, electrical equipment and pressure equipment – Directive 2006/42/EC – Directive 2014/35/EU – Directive 2014/68/EU – ‘CE marking’ – Imposition, by national regulations, of requirements additional to the essential safety requirements laid down by those directives – Conditions – National safety regulations to counter the risks of fire and panic in establishments open to the public.
Case C-653/21.

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

ECLI identifier: ECLI:EU:C:2023:238

Judgment of the Court (Third Chamber) of 9 March 2023.
Vapo Atlantic SA v Entidade Nacional para o Setor Energético E.P.E. (ENSE).
Request for a preliminary ruling from the Tribunal Administrativo e Fiscal de Braga.
Reference for a preliminary ruling – Information procedure in the field of technical standards and regulations and of rules on Information Society services – Directive 98/34/EC – Article 1(4) – Concept of ‘other requirements’ – Article 1(11) – Concept of ‘technical regulation’ – Article 8(1) – Obligation on the Member States to notify the European Commission of any draft technical regulation – National provision providing for the incorporation of a certain percentage of biofuels into motor fuels – Third indent of Article 10(1) – Concept of ‘safeguard clause provided for in a binding EU act’ – Second subparagraph of Article 4(1) of Directive 2009/30/EC not included.
Case C-604/21.

Court reports – general

ECLI identifier: ECLI:EU:C:2023:175

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.

Court reports – general

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

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.

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

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

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.

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

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

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.

Court reports – general

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

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.

Court reports – general

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