search

… Provisional text JUDGMENT OF THE COURT (Grand Chamber) 25 February 2025 (*) (References for a preliminary ruling - Freezing or reduction of remuneration in the national public administration - Measures specifically aimed at judges - 2 TEU - 19(1), second subparagraph, TEU - of the of Fundamental Rights of the European Union - Obligations on Member States to provide remedies sufficient to ensure effective judicial protection - Principle of judicial - …

… (2) Are the provisions of the second subparagraph of 19(1) TEU, as well as those of of the , which covers, inter alia, the of the judiciary, to be interpreted as permitting the Member States to introduce, by means of national legislation, rules which set the remuneration of judges below the remuneration or fees set by the State in respect of members of other legal professions?’ …

… (1) of the (judgment of 22 February 2022, RS (Effect of the decisions of a constitutional court), C-430/21, EU:C:2022:99, paragraph 34 and the case-law cited). 42 However, it is not apparent from the request for a preliminary ruling that SR and RB satisfy either of those conditions. 43 Consequently, in accordance with 51(1) of the , thereof is not, as such, applicable in Case C-374/23. …

… The applicants argued, inter alia, that the NTRC’s decision had not complied with the requirements of 32 of the Broadcasting Law; nor had it complied with 4.7 of the Rules for a competition for a special permit (licence) in the field of television and radio broadcasting, which had been issued by the NTRC (“the Licensing Rules”). …

… It also appears that they were provided with Golden Prince LLC’s and the documents submitted by it with its bid. 27. By a judgment of 28 March 2011 the Baku Court of Appeal dismissed the applicants’ appeals after examining them together, finding that the NTRC’s decision was lawful. …

… STRASBOURG 18 February 2025 This judgment will become final in the circumstances set out in 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Objective Television and Radio Broadcasting Company and Others v. …

… The Bulgarian Government adds that this is because the CAP provides for other remedies (specifically, 60(5)) against that order which include an assessment of its lawfulness. (24) 2. The first paragraph of of the and interim judicial protection 63. The first paragraph of of the lays down the right to an effective remedy, reflecting in that wording the case-law of the Court preceding the . (25) 64. …

… and limits the scope of judicial review only to the existence of damage suffered, constitutes an effective remedy in the light of of the .’ (19) 56. …

… This must be entrusted to national courts in accordance with the rules of procedure adopted by each State, provided that they do not conflict with of the . 66. …

… On 5 May 2022 she was charged under 207.3 § 2 (e) of the Criminal Code for dissemination of false information for reasons of “political hate” and remanded in pre-trial detention. . On 30 August 2023 the Kirovskiy District Court of St Petersburg found her guilty as charged and sentenced her to six years’ imprisonment, with an additional four-year prohibition on administering web pages. On 20 March 2024 the St Petersburg City Court upheld the conviction on appeal. …

… OVD-Info, a Russian human-rights monitor and media project, has tracked criminal and administrative convictions for anti-war expression since the first day of the Russian invasion of Ukraine. As of May 2024, when the most recent tally was published, 935 criminal cases had been instituted in connection with anti-war statements, including 296 cases under 207.3 of the Criminal Code. …

… In May 2022 the RKN charged Novaya Gazeta with disseminating “fake news”, an offence under 13.15(9) of the CAO. …

… The referring court notes, as a preliminary point, that the purpose of the establishment of the Appeals Committees was to guarantee the right to an effective remedy as provided for in 46 of Directive 2013/32 and of the of Fundamental Rights of the European Union (‘the ’). 14. …

… The members of those committees enjoy personal and functional in the performance of their duties. 15. In addition, the principle of is guaranteed, since those committees have third-party status in relation to the parties involved and do not represent the administration. 16. …

… Pursuant to 92(1)(a) of Law 4636/2019, an applicant for international protection has the right to lodge an administrative appeal(5) before the Appeals Committees against a decision rejecting an application for international protection at first instance as unfounded. 6. Furthermore, 97(2) of Law 4636/2019 provides that, during the procedure before the Appeals Committees, the applicant must be present in person. …

… 4(3) of Regulation 2015/1589, as in the present case, it not only declares that the measures at issue are compatible with the internal market, but also, by implication, that it refuses to initiate the formal investigation procedure laid down in 108(2) TFEU and in 6(1) of that regulation (see, by analogy, judgment of 27 October 2011, Austria v Scheucher-Fleisch and Others, C-/10 P, EU:C:2011:698, paragraph 42 and the case-law cited). …

… If, following the preliminary examination, it finds that the measure notified raises doubts as to its compatibility with the internal market, the Commission is required to adopt, on the basis of 4(4) of Regulation 2015/1589, a decision initiating the formal investigation procedure under 108(2) TFEU and 6(1) of that regulation. …

… Law Admissibility 10 In the first place, the applicant submits that it is an interested party for the purposes of 108(2) TFEU and 1(h) of Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of 108 [TFEU] (OJ 2015 L 248, p. 9) and that, accordingly, it has standing to bring proceedings in order to safeguard its procedural rights. …

… sought, the Commission submits that the General Court committed an error of law in holding, in paragraph 85 of the judgment under appeal, that it had not properly carried out that balancing exercise. 37 It submits that that analysis requires, as the Court of Justice held in relation to limitations that may be made on the rights derived from 7 and 8 of the of Fundamental Rights of the European Union (‘the ’) to weigh up, on the one hand, the seriousness of the interference …

… In their view, the Commission has in no way demonstrated that those conditions were met and in reality seeks to call into question the assessment of the facts made by the General Court. 48 As regards the errors of law allegedly committed by the General Court in its interpretation of 9(1)(b) of Regulation 2018/1725, they submit, first of all, that the General Court was fully entitled to conclude that the objective pursued of ascertaining the of the members of the negotiation team …

… those persons) In Case C-632/24 P-R, APPLICATION for suspension of operation pursuant to 278 TFEU, lodged on 27 September 2024, European Commission, represented by A. …

… He submits that the and of the General Court were compromised by the judge’s long career within that institution and by the prospect of his resuming that career in that institution after the end of his term of office as a judge. 10 Referring to 254 TFEU, 2, 4 and 18 of the Statute of the Court of Justice of the European Union, 16 of the Rules of Procedure of the General Court and of the , Mr Frajese states that 6(1) of the …

… The appeal 8 In support of his appeal, Mr Frajese raises four grounds of appeal alleging: (i) infringement of 254 TFEU, 2 to 18 of the Statute of the Court of Justice of the European Union, 16 of the Rules of Procedure of the General Court and of the of Fundamental Rights of the European Union (‘the ’); (ii) infringement of 81(1) and (3) of the Rules of Procedure of the General Court, read in conjunction with 61(1) and 62 …

… Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, provides that the right to be heard by an and tribunal forms the basis of a fair trial. …

… Assessment . …

… 41 of the , entitled ‘Right to good administration’, provides, in paragraph 1, that every person has the right to have his or her affairs handled , fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union. …

… 41(2)(b) of the . 65. …

… 13 of Directive 2008/115, headed ‘Remedies’, provides in paragraphs 1 and 2: ‘1. The third-country national concerned shall be afforded an effective remedy to appeal against or seek review of decisions related to return, as referred to in 12(1), before a competent judicial or administrative authority or a competent body composed of members who are and who enjoy safeguards of . 2. …

… In those circumstances, the Raad voor Vreemdelingenbetwistingen (Council for asylum and immigration proceedings) decided to stay the proceedings and to refer the following questions to the Court for a preliminary ruling: ‘(1) Must Article 7(4), Article 8(1) and (2) and Article 11(1) of Directive 2008/115, read either in isolation or together, in the light of Article 13 of Directive 2008/115 and Article of the of Fundamental Rights of the European Union [(“the Charter”)], be interpreted …

… 8of Directive 2008/115, headed ‘Removal’, provides in paragraphs 1 and 2: ‘1. Member States shall take all necessary measures to enforce the return decision if no period for voluntary departure has been granted in accordance with 7(4) or if the obligation to return has not been complied with within the period for voluntary departure granted in accordance with 7. 2. …