Il monitoraggio delle decisioni nazionali d’interesse per l’Unione Europea: overview da settembre 2023 ad aprile 2024

Riportiamo di seguito le decisioni degli organi giurisdizionali degli Stati membri che interessano il diritto comunitario, alla luce delle questioni di diritto affrontate di particolare interesse.

• Poland – Supreme Court

Consumer protection - Unfair terms - Mortgage loan indexed to a foreign currency;

• Hungary – Supreme Court

Border controls, asylum and immigration - Withdrawal of a settlement permit on security grounds - Obligatory reference for a preliminary ruling

• Germany – Federal Finance Court and Federal Labour Court

Obligation to make a reference for a preliminary ruling - Right to a court of law - Action for annulment of a judgment at last instance

• Finland – Supreme Court Criminal law

Taking into account a conviction handed down in another Member State in the course of new criminal proceedings - Decision not included in the extract from the criminal record

• Sweden – Supreme Administrative Court Taxation

Value added tax (VAT) - Mixed taxable person - Direct effect - Calculation method based on the amount of turnover to determine the deductible proportion in respect of common costs;

• Hungary – Supreme Court

Protection of personal data - Press article about a figure - Infringement of the right to respect for private life;

• Sweden – Supreme Court

Request for extradition by a third State for the purpose of prosecution - Ukraine - Refusal to execute;

• Cyprus – Supreme Constitutional Court

Public procurement - Legitimate interest of an excluded tenderer in contesting the correctness of the successful tender - Grounds on which to rely;

• Germany – Federal Constitutional Court

Budgetary policy - EU own resources - ‘Next Generation EU’ recovery plan;

• Germany – Federal Constitutional Court

Obligation to make a reference for a preliminary ruling - Right to a court of law - Annulment of a judgment given at last instance;

• Germany – Federal Administrative Court

Family reunification - Derived refugee status - Child born and recognised as a refugee in the host State;

• Germany – Federal Constitutional Court

Budget - Supplementary Budget Act 2021 - Reallocation of budgetary authorisations – Unconstitutionality;

• Austria – Supreme Court

Civil law - Medical liability - Failure to provide information about the unborn child’s disability;

• Netherlands – Council of State

Border controls, asylum and immigration - Right to effective access to the labour market for asylum seekers - Employment of up to 24 weeks per year;

• Belgium – Constitutional Court

Environment - Tax on the departure of passengers from a Belgian airport - Chicago Convention;

• Slovakia – Constitutional Court

Immigration policy - Withdrawal of residence permit - Opinion of the intelligence service;

• Belgium – Council of State

Agreement on the withdrawal of the United Kingdom - Temporary residence permit - Jurisdiction of the Council of State to order interim measures - Clear act;

• France – Constitutional Court

Border controls, asylum and immigration - Setting migration ceilings - Fingerprinting without consent;

• France – Council of State

Protection of personal data - Baptism register of the Catholic Church - Right to object;

• Germany – Federal Constitutional Court

Parliamentary electoral procedure - Minimum electoral threshold of 2% - European elections of 2024;

• Lithuania – Supreme Administrative Court

Protection of personal data - Regulation 2016/679 - Conditions governing the lawfulness of processing;

• France – Constitutional Court

Protection of workers’ health and safety - Organisation of working time - Entitlement to annual paid leave - Suspension of employment contract due to illness or accident;

• Netherlands – Supreme Court

Social policy - Institutions for occupational retirement provision - Obligation on pension funds to hold own funds;

• Italy – Constitutional Court

Citizens of third countries - Long-term residents - Documentary burdens - Conformity of a regional law with the Constitution;

• Greece – Council of State

Taxation - Regulation No 549/69 - Retirement pensions of former Members of the European Parliament - Additional national taxes;

• Greece – Council of State

Public procurement - Directive 2014/24/EU - Public procurement principles - Limits to the obligation to request additional information;

• Cyprus – Supreme Constitutional Court

Public education service - Award of additional promotion points to male teachers who have served in the National Guard – Eligibility;

• Czech Republic – Supreme Administrative Court

Agriculture - Designations reserved for dairy products - Plant-based alternatives;

• Finland – Supreme Administrative Court

Protection of personal data - Search engine - Deletion of search results - Right to be forgotten and right to object - Balancing of interests - Regulation 2016/679;

• Bulgaria - Supreme Administrative Court and Supreme Court of Cassation

Copyright - Performance in public of recordings of more than one musical work without the consent required by law - Irrelevance of the number of musical works performed;

• Ireland – High Court

Asylum policy - Dublin III Regulation - Safe third country;

• Estonia – Supreme Court

Environment - Assessment of the effects of certain projects on the environment - Undersea rail tunnel between Finland and Estonia;

• Germany – Federal Constitutional Court

Right - to parenthood - Biological father - Contested paternity - Unconstitutionality.