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Court reports – general – 'Information on unpublished decisions' section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

Opinion of Advocate General Ćapeta delivered on 17 November 2022.
Changmao Biochemical Engineering Co. Ltd v European Commission.
Appeal – Dumping – Imports of tartaric acid originating in China – Determination of normal value – Regulation (EU) 2016/1036 – Article 2(7) – Protocol on the Accession of the People’s Republic of China to the World Trade Organization (WTO) – Article 15 – Determination of the state of vulnerability of the Union industry – Determination of a threat of injury.
Case C-123/21 P.

Court reports – general – 'Information on unpublished decisions' section

ECLI identifier: ECLI:EU:C:2022:890

Judgment of the Court (Fifth Chamber) of 14 July 2022.
ÖBB-Infrastruktur Aktiengesellschaft v Lokomotion Gesellschaft für Schienentraktion mbH.
Request for a preliminary ruling from the Oberster Gerichtshof.
Reference for a preliminary ruling – International agreements – Rail transport – Convention concerning International Carriage by Rail (COTIF) – Uniform Rules concerning the Contract of Use of Infrastructure in International Rail Traffic (CUI) – Article 4 – Mandatory law – Article 8 – Liability of the manager – Article 19 – Other actions – Jurisdiction of the Court – Damage to locomotives belonging to the carrier resulting from a derailment – Lease of replacement locomotives – Obligation on the infrastructure manager to reimburse leasing costs – Contract extending the parties’ liability by a reference to national law.
Case C-500/20.

ECLI identifier: ECLI:EU:C:2022:563

Opinion of Advocate General Ćapeta delivered on 3 February 2022.
ÖBB-Infrastruktur Aktiengesellschaft v Lokomotion Gesellschaft für Schienentraktion mbH.
Request for a preliminary ruling from the Oberster Gerichtshof.
Reference for a preliminary ruling – International agreements – Rail transport – Convention concerning International Carriage by Rail (COTIF) – Uniform Rules concerning the Contract of Use of Infrastructure in International Rail Traffic (CUI) – Article 4 – Mandatory law – Article 8 – Liability of the manager – Article 19 – Other actions – Jurisdiction of the Court – Damage to locomotives belonging to the carrier resulting from a derailment – Lease of replacement locomotives – Obligation on the infrastructure manager to reimburse leasing costs – Contract extending the parties’ liability by a reference to national law.
Case C-500/20.

ECLI identifier: ECLI:EU:C:2022:79

Judgment of the Court (Grand Chamber) of 2 September 2021.
République de Moldavie v Komstroy LLC.
Request for a preliminary ruling from the Cour d'appel de Paris.
Reference for a preliminary ruling – Energy Charter Treaty – Article 26 – Inapplicability between Member States – Arbitration Award – Judicial review – Jurisdiction of a court of a Member State – Dispute between a third-State operator and a third State – Jurisdiction of the Court – Article 1(6) of the Energy Charter Treaty – Concept of ‘investment’.
Case C-741/19.

Court reports – general

ECLI identifier: ECLI:EU:C:2021:655

Order of the Court (Ninth Chamber) of 6 May 2021.
Administración General del Estado v Ayuntamiento de Les Cabanyes.
Request for a preliminary ruling from the Juzgado Contencioso-Administrativo de Barcelona.
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – European Charter of Local Self-Government – Charter of Fundamental Rights of the European Union – European Convention for the Protection of Human Rights and Fundamental Freedoms – Decision of a local authority expressing a political opinion contrary to the constitutional framework and exceeding its powers – Lack of connection to EU law – Clear lack of jurisdiction of the Court.
Case C-679/20.

ECLI identifier: ECLI:EU:C:2021:362

Opinion of Advocate General Szpunar delivered on 3 March 2021.
République de Moldavie v Komstroy LLC.
Request for a preliminary ruling from the Cour d'appel de Paris.
Reference for a preliminary ruling – Energy Charter Treaty – Article 26 – Inapplicability between Member States – Arbitration Award – Judicial review – Jurisdiction of a court of a Member State – Dispute between a third-State operator and a third State – Jurisdiction of the Court – Article 1(6) of the Energy Charter Treaty – Concept of ‘investment’.
Case C-741/19.

Court reports – general

ECLI identifier: ECLI:EU:C:2021:164

Judgment of the Court (Grand Chamber) of 6 October 2020.
European Commission v Hungary.
Failure of a Member State to fulfil obligations – Admissibility – Jurisdiction of the Court – General Agreement on Trade in Services – Article XVI – Market access – Schedule of specific commitments – Requirement of authorisation – Article XX(2) – Article XVII – National treatment – Service provider having its seat in a third country – National legislation of a Member State imposing conditions for the supply of higher education services within its territory – Requirement relating to the conclusion of an international treaty with the State in which the provider has its seat – Requirement relating to the provision of education in the State in which the provider has its seat – Modification of conditions of competition to the benefit of national providers – Justification – Public order – Prevention of deceptive practices – Article 49 TFEU – Freedom of establishment – Directive 2006/123/EC – Services in the internal market – Article 16 – Article 56 TFEU – Freedom to provide services – Existence of a restriction – Justification – Overriding reason in the public interest – Public order – Prevention of deceptive practices – High quality of the education – Charter of Fundamental Rights of the European Union – Article 13 – Academic freedom – Article 14(3) – Freedom to found educational establishments – Article 16 – Freedom to conduct a business – Article 52(1).
Case C-66/18.

Court reports – general

ECLI identifier: ECLI:EU:C:2020:792

Judgment of the Court (Grand Chamber) of 8 September 2020.
Recorded Artists Actors Performers Ltd v Phonographic Performance (Ireland) Ltd and Others.
Request for a preliminary ruling from the High Court (Irlande).
Reference for a preliminary ruling – Intellectual property – Rights related to copyright – Directive 2006/115/EC – Article 8(2) – Use of phonograms in the European Union – Right of the performers to equitable remuneration shared with the phonogram producers – Applicability to nationals of third States – Performances and Phonograms Treaty – Articles 4 and 15 – Reservations notified by third States – Limitations of the right to equitable remuneration that may, on the basis of reciprocity, follow, in the European Union, for nationals of third States from those reservations – Article 17(2) and Article 52(1) of the Charter of Fundamental Rights of the European Union – Fundamental right to the protection of intellectual property – Requirement that any limitation must be provided for by law, respect the essence of the fundamental right and be proportionate – Division between the European Union and the Member States of competences to set those limitations – Division of competences in relations with third States – Article 3(2) TFEU – Exclusive competence of the European Union.
Case C-265/19.

Court reports – general

ECLI identifier: ECLI:EU:C:2020:677

Judgment of the Court (Grand Chamber) of 2 April 2020.
Ruska Federacija v I.N.
Request for a preliminary ruling from the Vrhovni sud.
Reference for a preliminary ruling — Urgent preliminary ruling procedure — EEA Agreement — Non-discrimination — Article 36 — Freedom to provide services — Scope — Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis — Agreement on the surrender procedure between the Member States of the European Union and Iceland and Norway — Extradition to a third State of an Icelandic national — Protection of a Member State’s nationals against extradition — No equivalent protection for nationals of another State — Icelandic national who was granted asylum under national law before acquiring Icelandic citizenship — Restriction of freedom of movement — Justification based on the prevention of impunity — Proportionality — Verification of the guarantees provided for in Article 19(2) of the Charter of Fundamental Rights of the European Union.
Case C-897/19 PPU.

Court reports – general

ECLI identifier: ECLI:EU:C:2020:262