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Baza informacij za delovanje Partnerjev Mreže Modro Poslovanje

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CELEX:62019CJ0221_RES: Judgment of the Court (Fourth Chamber) of 15 April 2021.#AV.#Request for a preliminary ruling from the Sąd Okręgowy w Gdańsku.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2008/909/JHA – Article 8(2) and (4): – Article 17(1) and (2) – Article 19 – Taking into account, for the purposes of an aggregate sentence, of a conviction delivered in another Member State, which must be enforced in the Member State in which that judgment is delivered – Conditions – Framework Decision 2008/675/JHA – Article 3(3) – Concept of ‘interference with a sentence or its execution’ which must be taken into account in the event of new criminal proceedings initiated in a Member State other than that in which the ruling was delivered.#Case

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CELEX:62019CJ0223_SUM: Judgment of the Court (Third Chamber) of 24 September 2020.#YS v NK.#Request for a preliminary ruling from the Landesgericht Wiener Neustadt.#Reference for a preliminary ruling – Equal treatment in employment and occupation – Directives 2000/78/EC and 2006/54/EC – Scope – Prohibition of indirect discrimination on grounds of age or sex – Justifications – National legislation providing for an amount to be withheld from pensions paid directly to their recipients by undertakings in which the State has a majority participation and for the cancellation of the indexation of the amount of those pensions – Articles 16, 17, 20 and 21 of the Charter of Fundamental Rights of the European Union – Applicability – Discrimination on grounds of property – Infringement of the freedom

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CELEX:62019CJ0225_RES: Judgment of the Court (Grand Chamber) of 24 November 2020.#R.N.N.S. and K.A. v Minister van Buitenlandse Zaken.#Requests for a preliminary ruling from the Rechtbank Den Haag zittingsplaats Haarlem.#References for a preliminary ruling – Area of freedom, security and justice – Community Code on Visas – Regulation (EC) No 810/2009 – Article 32(1) to (3) – Decision to refuse a visa – Annex VI – Standard form – Statement of reasons – Threat to public policy, internal security or public health, or to the international relations of any of the Member States – Article 22 – Procedure of prior consultation of central authorities of other Member States – Objection to the issuing of a visa – Appeal against a decision to refuse a visa – Scope of judicial review – Article 47 of the

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CELEX:62019CJ0229_SUM: Judgment of the Court (First Chamber) of 27 January 2021.#Dexia Nederland BV v XXX and Z.#References for a preliminary ruling from the Gerechtshof te Amsterdam and Gerechtshof Den Haag.#Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Articles 3(1), 4(1) and 6(1) – Assessment of the unfairness of contractual terms – Term fixing in advance the creditor’s potential advantage in the event of termination of the contract – Significant imbalance in the parties’ rights and obligations under the contract – Date on which the imbalance must be assessed – Finding that a term is unfair – Consequences – Replacement of an unfair term with a supplementary provision of national law.#Joined Cases C-229/19 and C-289/

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CELEX:62019CJ0235_SUM: Judgment of the Court (First Chamber) of 8 October 2020.#United Biscuits (Pension Trustees) Limited and United Biscuits Pension Investments Limited v Commissioners for Her Majesty's Revenue and Customs.#Request for a preliminary ruling from the Court of Appeal.#Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 135(1)(a) – Exemption of insurance transactions – Supply of pension fund management services to trustees by investment fund managers – Exclusion of any risk indemnity – Occupational pension scheme – National tax practice – Exercise of an insurance activity – Authorised entities – Entities not holding such authorisation – Concept of ‘insurance transactions’.#Case C-235/19.

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CELEX:62019CJ0243_RES: Judgment of the Court (Second Chamber) of 29 October 2020.#A v Veselības ministrija.#Request for a preliminary ruling from the Augstākā tiesa (Senāts).#Reference for a preliminary ruling – Social security – Regulation (EC) No 883/2004 – Article 20(2) – Directive 2011/24/EU – Article 8(1), (5) and (6)(d) – Health insurance – Hospital care provided in a Member State other than the Member State of affiliation – Refusal of prior authorisation – Hospital treatment which can be provided effectively in the Member State of affiliation – Article 21 of the Charter of Fundamental Rights of the European Union – Difference in treatment based on religion.#Case C-243/19.

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CELEX:62019CJ0245_RES: Judgment of the Court (Grand Chamber) of 6 October 2020.#État luxembourgeois v B and Others.#Requests for a preliminary ruling from the Cour administrative (Luxembourg).#References for a preliminary ruling – Directive 2011/16/EU – Administrative cooperation in the field of taxation – Articles 1 and 5 – Decision ordering that information be provided to the competent authority of a Member State, acting in response to a request for exchange of information from the competent authority of another Member State – Person holding the information the production of which is ordered by the competent authority of the first Member State – Taxpayer concerned by the investigation giving rise to the request from the competent authority of the second Member State – Third parties with

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CELEX:62019CJ0254_SUM: Judgment of the Court (First Chamber) of 9 September 2020.#Friends of the Irish Environment Ltd v An Bord Pleanála.#Request for a preliminary ruling from the High Court (Irlande).#Reference for a preliminary ruling – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 6(3) – Scope – Concepts of ‘project’ and ‘agreement’ – Appropriate assessment of the implications of a plan or project for a protected site – Decision extending the duration of a development consent for the construction of a liquefied natural gas regasification terminal – Original decision based on national legislation which did not properly transposed Directive 92/43.#Case C-254/19.

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CELEX:62019CJ0255_RES: Judgment of the Court (Second Chamber) of 20 January 2021.#Secretary of State for the Home Department v O A.#Request for a preliminary ruling from the Upper Tribunal (Immigration and Asylum Chamber) London.#Reference for a preliminary ruling – Directive 2004/83/EC – Minimum standards for granting refugee status or subsidiary protection status – Refugee status – Article 2(c) – Cessation of refugee status – Article 11 – Change in circumstances – Article 11(1)(e) – Possibility of availing oneself of the protection of the country of origin – Criteria for assessment – Article 7(2) – Financial and social support – Irrelevant.#Case C-255/19.

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