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… national concerned must be afforded an effective remedy to appeal against or seek review of decisions related to return, as referred to in 12(1) of that directive, before a competent judicial or administrative authority or a competent body composed of members who are and who enjoy safeguards of . 46 The characteristics of that remedy must be determined in accordance with of the , under which everyone whose rights and freedoms guaranteed by EU law are …

… 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. …

… of the [], read in conjunction with 4 [and] 19(2) of the [] and [with] 5 of Directive [2008/115] to be interpreted as meaning that a judicial authority must establish ex officio that the principle of non-refoulement has not been complied with on the basis of the information in the file brought to its attention and as supplemented or clarified in the adversarial proceedings brought before it? …

… and . 134 In the second place, the appellants claim that valuation 2 does not comply with the requirements of 296 TFEU. …

… dispute. 123 As regards, lastly, 17 and 52 of the and 1 of Protocol No 1 to the ECHR, it should be recalled that whilst, as 6(3) TEU confirms, fundamental rights recognised by the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, constitute general principles of EU law and whilst 52(3) of the provides that rights contained in the which correspond to rights guaranteed by the …

… The first plea alleged infringement of 18 of the SRM Regulation. The second plea alleged infringement of 20 of that regulation. The third plea alleged infringement of the right to be heard and the right of access to the file, enshrined in 41(2) of the of Fundamental Rights of the European Union (‘the ’). The fourth plea alleged infringement of the obligation to state reasons. …

… 7, 8, and 52(1) of the of Fundamental Rights of the European Union - Requirement that a limitation on the exercise of a fundamental right must be ‘provided for by law’ - Proportionality - Assessment of proportionality in the light of all the relevant factors - Prior review by a court or administrative authority - 13 - Information to be made available or given to the data subject - Limits - 54 - Right to an effective judicial remedy against a controller …

… administrative body? …

… of the . 30 In those circumstances the Landesverwaltungsgericht Tirol (Regional Administrative Court, Tyrol) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling: ‘(1) Is 15(1) [of Directive 2002/58 - as the case may be, in combination with 5 thereof -], read in the light of 7 and 8 of the [], to be interpreted as meaning that [access by public authorities] to data stored on mobile telephones …

… 79(1) of the GDPR, read in conjunction with of the . 80. …

… The following are relevant in the present case: 19 TEU; of the of Fundamental Rights of the European Union (‘the ’); and 4, 5, 32, 33 and 79 of the GDPR. B. Bulgarian law 1. Constitution of the Republic of Bulgaria 4. …

… In those circumstances, of the is not, as such, applicable to the case in the main proceedings. However, since the second subparagraph of 19(1) TEU requires all Member States to provide remedies sufficient to ensure effective judicial protection in the fields covered by EU law, within the meaning in particular of of the , that latter provision must be duly taken into consideration for the purpose of interpreting that . (13) 2. …

… (3) Does it follow from 20 of [the ] that such a processed product originating from the European Union may bear terms referring to organic production, in accordance with 30(1) of [Regulation 2018/848], without using the organic production logo of the European Union?’ …

… Second, the Advocate General misinterpreted the Codex Alimentarius Guidelines, referred to in Article 33(2) of Regulation No 834/2007. 40 It should, in the first place, be observed that, under the second paragraph of Article 252 TFEU, it is the duty of the Advocate General, acting with complete and , to make, in open court, reasoned submissions on cases which, in accordance with the Statute of the Court of Justice of the European Union, require his or her involvement. …

… and repealing Council Regulation (EC) No 834/2007 (OJ 2018 L 150, p. 1), and, on the other hand, of 20 of the of Fundamental Rights of the European Union (‘the ’). 2 The request has been made in proceedings between Herbaria Kräuterparadies GmbH (‘Herbaria’) and the Freistaat Bayern (Land of Bavaria, Germany) concerning the prohibition imposed on Herbaria on using the organic production logo of the European Union and terms referring to organic production for the purpose of …

… (3) If the second question is answered in the negative, is legislation compatible with of the and with the second sentence of 8(6) of Directive 2014/42 in so far as it provides no right for persons connected to the assets to challenge confiscation orders? …

… (2) If the first question is answered in the affirmative, is the legislation on access to materials in the case file in proceedings relating to illegally obtained assets to be considered compatible with the right to a fair trial enshrined in of the and in 8(1) of Directive 2014/42? …

… (2) If the first question is answered in the affirmative, may national legislation concerning proof of the criminal source of assets in proceedings concerning illegally obtained assets, such as that established in the provisions at issue, be considered compatible with the right to a fair trial enshrined in and 48 of the and in 8(1) of Directive 2014/42? …

… legislation precluding direct judicial review by national courts - Second subparagraph of 19(1) TEU - of the of Fundamental Rights of the European Union - Right to effective judicial protection - Principles of equivalence and effectiveness) Introduction 1. …

… The activities of the EPPO shall be carried out in full compliance with the rights of suspects and accused persons enshrined in the [of Fundamental Rights of the European Union (‘the Charter’)], including the right to a fair trial and the rights of defence. 2. …

… That possibility is an expression of both the fundamental right to an effective judicial remedy and respect for the rights of the defence, which Articles and 48 of the Charter protect. A restrictive interpretation of the judge of guarantees’ powers of review under Article 90 of Law 9/2021 is thus an obstacle to the exercise of the fundamental rights the EPPO Regulation affords to citizens. 28. …

… The first and fourth to sixth grounds of appeal, alleging infringement of 296 TFEU, 18 of the SRM Regulation, the SRB’s duty of care, of the , 6 of the ECHR and the adversarial principle 1. The fifth ground of appeal (a) Arguments of the parties (b) Findings of the Court (1) Admissibility (2) Substance 2. …

… The seventh ground of appeal, alleging infringement of 17 and 52 of the and 5(4) TEU 1. Arguments of the parties 2. Findings of the Court (a) Admissibility (b) Substance D. The second ground of appeal, alleging infringement of 14 and 20 of the SRM Regulation, 39 of Directive 2014/59, the duty of care and 296 TFEU 1. Arguments of the parties 2. …

… Where an valuation in accordance with paragraph 1 is not possible, the Board may carry out a provisional valuation of the assets and liabilities of the entity referred to in 2, in accordance with paragraph 10 of this . 4. The objective of the valuation shall be to assess the value of the assets and liabilities of an entity referred to in 2 that meets the conditions for resolution of 16 and 18. 5. …

… Furthermore, as regards the alleged infringement of Articles 7, 8, 41 and of the , the Commission rightly observes that, since it is not substantiated, that argument cannot succeed. …

… 5(7) of the GIP for 45 of the Staff Regulations. It should be recalled that 5 of the GIP for 45 of the Staff Regulations, entitled ‘Promotion procedure’, provides as follows: ‘1. …

… She also criticises the appointing authority for not having examined the consequences of the irregularities caused by the presence in her file of her interim probation report on her subsequent appraisal reports for 2015 and 2016, in breach of 7, 8, 41 and of the . …

… Provisional text JUDGMENT OF THE COURT (First Chamber) 26 September 2024 (*) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - Regulation (EU) 2016/679 - 57(1)(a) and (f) - Tasks of the supervisory authority - 58(2) - Corrective powers - Administrative fine - Discretion of the supervisory authority - Limits) In Case C-768/21, REQUEST for a preliminary ruling under 267 TFEU from the Verwaltungsgericht Wiesbaden …

… Kranenborg, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 11 April 2024, gives the following Judgment 1 This request for a preliminary ruling concerns the interpretation of 57(1)(a) and (f), 58(2) and 77(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive …

… the internal market. … … (10) In order to ensure a consistent and high level of protection of natural persons and to remove the obstacles to flows of personal data within the Union, the level of protection of the rights and freedoms of natural persons with regard to the processing of such data should be equivalent in all Member States. … … (129) … The powers of supervisory authorities should be exercised in accordance with appropriate procedural safeguards set out in Union and Member State law, …