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110,600
62020CJ0665
X.
57
2021-04-29
57 In that regard, it should be noted that the condition that the sentence has been served or is currently being served or may no longer be executed under the law of the sentencing country, in so far as it has the effect, if not satisfied, of requiring the surrender of the requested person in order for that person to...
62018CJ0314
SF.
47
47 In the first place, it should be borne in mind in this regard that, as noted in paragraph 38 above, Framework Decision 2002/584 seeks to establish a new simplified and more effective system for the surrender of persons convicted or suspected of having infringed criminal law. In accordance with Article 1(1) of that...
2020-03-11
110,601
62020CJ0665
X.
43
2021-04-29
43 It is therefore clear from the wording of Article 4 of the Framework Decision – in particular from the use of the verb ‘may’ together with the infinitive of the verb ‘refuse’, the subject of which is the executing judicial authority – that that authority must, itself, have a margin of discretion as to whether or n...
62017CJ0514
Ministère public v Marin-Simion Sut.
33
33 Furthermore, as the Court has previously found, it is clear from the wording of Article 4(6) of Framework Decision 2002/584, in particular from the word ‘may’, that, where a Member State chooses to transpose that provision into domestic law, the executing judicial authority must, nevertheless, have a margin of dis...
2018-12-13
110,602
62019CJ0830
C.J. v Région wallonne.
23
2021-07-08
While, as is apparent from the order for reference, the holding at issue in the main proceedings takes the form of an association without legal personality, which includes, in addition to the applicant in the main proceedings, natural persons who are not young farmers, it must be noted that the wording of that provisio...
62011CJ0592
Anssi Ketelä.
42
42. It must be held that the wording of Article 22(1)(a) of Regulation No 1698/2005 which refer to ‘persons who … are setting up for the first time on an agricultural holding as head of the holding’ does not prejudge the legal form, corporate or not, taken by such a holding (see, by analogy, Case C-162/91 Tenuta il Bos...
2012-10-25
110,603
62019CJ0830
C.J. v Région wallonne.
29
2021-07-08
In order to determine the scope of the criterion for determining the upper threshold for access to business start-up aid, under the third subparagraph of Article 19(4) of Regulation No 1305/2013, read in conjunction with Article 5(2) of Delegated Regulation No 807/2014, it is necessary to have regard first and foremost...
62011CJ0592
Anssi Ketelä.
39
39. The setting-up aid for young farmers is such a measure and the condition of eligibility relating to setting-up for the first time on an agricultural holding as head of the holding laid down by Article 22(1)(a) of Regulation No 1698/2005 is a specific condition for that measure. Thus, in order to determine the scope...
2012-10-25
110,604
62019CJ0937
Staatsanwaltschaft Köln and Bundesamt für Güterverkehr v KA.
23
2021-07-08
Consequently, even if, formally, the referring court has limited its questions to the interpretation of Article 8(2) and Article 1(5)(d) of Regulation No 1072/2009, that does not prevent this Court from providing the referring court with all the elements of interpretation of EU law that may be of assistance in adjudica...
62017CJ0002
Instituto Nacional de la Seguridad Social v Jesús Crespo Rey.
41
41 Consequently, even if, formally, the referring court has limited its questions to the interpretation of paragraph 2 of the section ‘Spain’ in Annex XI to Regulation No 883/2004, that does not prevent this Court from providing the referring court with all the elements of interpretation of EU law that may be of assi...
2018-06-28
110,605
62019CJ0937
Staatsanwaltschaft Köln and Bundesamt für Güterverkehr v KA.
22
2021-07-08
It should be observed that, according to the Court’s settled case-law, in the procedure laid down by Article 267 TFEU providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to it and enable it to determine the ca...
62017CJ0002
Instituto Nacional de la Seguridad Social v Jesús Crespo Rey.
40
40 It should be observed that, according to the Court’s settled case-law, in the procedure laid down by Article 267 TFEU providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to it and enable it to determine t...
2018-06-28
110,606
62019CJ0937
Staatsanwaltschaft Köln and Bundesamt für Güterverkehr v KA.
19
2021-07-08
It must be borne in mind, in that regard, that, according to the Court’s settled case-law, in proceedings under Article 267 TFEU, it is solely for the national courts before which a dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the part...
62011CJ0399
Stefano Melloni v Ministerio Fiscal.
29
29. The presumption of relevance attaching to questions referred for a preliminary ruling by a national court may be set aside only exceptionally, where it is quite obvious that the interpretation of the provisions of EU law that is sought bears no relation to the actual facts of the main action or its purpose, where t...
2013-02-26
110,607
62019CJ0937
Staatsanwaltschaft Köln and Bundesamt für Güterverkehr v KA.
19
2021-07-08
It must be borne in mind, in that regard, that, according to the Court’s settled case-law, in proceedings under Article 267 TFEU, it is solely for the national courts before which a dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the part...
62011CJ0399
Stefano Melloni v Ministerio Fiscal.
28
28. In that regard it should be recalled at the outset that, in proceedings under Article 267 TFEU, it is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the c...
2013-02-26
110,608
62020CJ0301
UE and HC v Vorarlberger Landes- und Hypotheken-Bank AG.
39
2021-07-01
Article 63(1) and (2)(a) of that regulation, concerning the purpose of the European Certificate of Succession, lists the persons who may use it, namely heirs, legatees having direct rights to the estate and executors of wills or administrators of the estate, to prove, in another Member State, in particular their status...
62016CJ0558
Proceedings brought by Doris Margret Lisette Mahnkopf.
36
36 To that end, Regulation No 650/2012 provides for the creation of a European Certificate of Succession which must enable every heir, legatee or beneficiary mentioned in the certificate to prove in another Member State his status and succession rights (see, to that effect, judgment of 12 October 2017, Kubicka, C‑218...
2018-03-01