Court of Justice of the European Union (CJEU), Luxembourg
(Court’s official name since the entry into force of the Lisbon Treaty, 1.12.2009,
previously Court of Justice of the European Communities)
Opinions
(chronological order)

14.12.1991

Opinion 1/91, (EEA) / The system of judicial supervision foreseen in a draft agreement relating to the creation of the European Economic Area is incompatible with the EEC Treaty

13 HRLJ 120 (1992)

10.04.1992

Opinion 1/92, (2nd EEA Opinion) / The renegotiated system of judicial supervision foreseen in the new draft agreement relating to the creation of the European Economic Area is compatible with the EEC Treaty

13 HRLJ 275 (1992)

28.03.1996

Opinion 2/94 (Accession EC/ECHR) / Accession of the European Community to the European Convention on Human Rights would require Treaty amendment, Background and Opinion

17 HRLJ 51 and 59 (1996)

18.04.2002

Opinion1/00 / Autonomy of the Community legal order not undermined by the Agreement on the establishment of a European Common Aviation Area to be concluded between the EC and 12 non-Member-States

23 HRLJ 257 (2002)

13.06.2014

View of Advocate General Kokott regarding Agreement on the accession of the European Union to the ECHR

34 HRLJ 425 (2014)

18.12.2014

Opinion 2/13 (Accession EU/ECHR) / Agreement on the accession of the European Union to the ECHR incompatible with Article 6 (2) TEU and Protocol No. 8 relating to Article 6 (2) TEU

34 HRLJ 452 (2014)

Judgments
(alphabetical order)

15.11.2012

C-539/10 P et al., Al-Aqsa / Implementation of UN Security Council Res. 1373 (2001) to combat terrorism / Freezing of funds / Inclusion and maintenance of the appellant on the black list / Proportionality on interference with property rights / Requirements to be satisfied by the statement of reasons in respect to the decision at issue

32 HRLJ 166 (2012)

26.02.1991

C-292/89, Antonissen / Free movement of workers within the Community and limitation of the right to stay for the purposes of seeking employment

12 HRLJ 110 (1991)

05.04.2016

C-404/15 and C-659/15 PPU, GC, Aranyosi and Căldăraru / Grounds for refusal to execute a European arrest warrant / Obligation of mutual trust between EU Member States and its limitations “in exceptional cases” (existence of systemic or other deficiencies) / Evidence of a real risk of inhuman or degrading treatment of individuals detained in the issuing Member State

36 HRLJ 151 (2016)

27.02.2018

C-64/16, Case of ASJP / Temporary salary-reduction measures (for 2 years) regarding members of the judiciary – adopted because of mandatory requirements linked to eliminating Portuguese State’s excessive budget deficit – no violation of the principle of judicial independence

38 HRLJ 203 (2018)

17.02.2009

C-552/07, Azelvandre / Genetically modified organisms (GMOs) / Public information obligations relating to the deliberate release of GMOs / Location of release can in no case be kept confidential / Public order considerations may not be validly relied upon to oppose the requirements of transparency

30 HRLJ 321 (2009-2010)

17.12.1998

C-185/95 P, Plenary, Baustahlgewebe / Excessive length of proceedings before the Court of First Instance (5 years, 6 months) leads to the reduction of a fine / Infringement of competition rules within the welded steel mesh sector

20 HRLJ 50 (1999)

19.03.1998

C-274/96, Bickel and Franz / Opinion of Advocate General Jacobs

20 HRLJ 43 (1999)

24.11.1998

C-274/96, Plenary, Bickel and Franz / Criminal proceedings in Italy / Principle of non-discrimination (Art. 6 EC Treaty) requires application of language rules of the German-speaking community in the Trentino-Alto Adige Region to nationals of other Member States

20 HRLJ 48 (1999)

14.03.2017

C-188/15, GC, Bougnaoui / Dismissal of a female worker wearing an Islamic headscarf discriminatory if based on the willingness of an employer to take account of a specific customerʼs wish

37 HRLJ 175 (2017)

16.07.2015

C-615/13 P, ClientEarth et al. / Access to guidance document of the European Food Safety Agency (EFSA) regarding authorisation to place pesticides on the market / Unlawful refusal to disclose the names of external experts who submitted comments on the draft guidance document / Links between expert members and industrial lobbies

35 HRLJ 195 (2015)

17.12.1980

149/79, Commission v. Belgium / Free movement of workers / Admission to public service

1 HRLJ 350 (1980)

29.06.1994

C-120/94 R, Order, Commission v. Greece / Economic blockade imposed by the Greek Government regarding the FYR of Macedonia / Application by the European Commission for interim measures dismissed

15 HRLJ 474 (1994)

06.04.1995

C-120/94, Commission v. Greece / Opinion of Advocate General Francis Jacobs

17 HRLJ 443 (1996)

19.03.1996

C-120/94, Order, Commission v. Greece / Trade embargo as a means of pursuing a political dispute between a Member State (Greece) and a third State (FYR of Macedonia) / Scope of judicial review in political questions / Commission decides to discontinue proceedings / Case removed from the register

17 HRLJ 451 (1996)

09.03.2006

C-65/04, Commission v. United Kingdom / Repair work to a nuclear-powered submarine in Gibraltar harbour following an incident with its reactor / Information for the general public not required under Directive 89/618/Euratom

27 HRLJ 223 (2006)

22.09.1998

C-185/97, Plenary, Coote / Judicial protection against the former employer’s refusal to provide references as a reaction to legal proceedings brought to enforce compliance with the principle of equal treatment

19 HRLJ 386 (1998)

15.11.2012

C-417/11 P, Council v. Bamba / Public incitement to hatred and violence, obstruction of the peace process through participation in disinformation campaigns in connection with the 2010 presidential election in Côte d’Ivoire / Responsibility of the director of a print media group / Freezing of her funds / EU common foreign and security policy

32 HRLJ 159 (2012)

08.04.2014

C-293/12 et al., GC, Digital Rights Ireland and Seitlinger et al. / Retention of electronic data (fixed and mobile telephony, Internet access, e-mail and Internet telephony) for the purpose of fighting serious crime in accordance with Directive 2006/24/EC / Interference with fundamental rights of practically the entire European population / Limits of proportionality exceeded / Directive 2006/24 declared invalid

34 HRLJ 177 (2014)

17.02.2009

C-465/07, GC, Elgafaji / Iraqi nationals’ request for temporary residence permits in the Netherlands / Interpretation of Directive 2004/83/EC (on refugee status) with due regard to Article 3 ECHR / Standard of proof regarding “serious and individual threat to a civilian’s life ... by reason of indiscriminate violence in situations of armed conflict”

30 HRLJ 325 (2009-2010)

19.12.2012

C-364/11, GC, El Kott et al. / Right of stateless persons of Palestinian origin to recognition as refugees / Ipso facto recognition on the basis of Directive 2004/83 / Reference of the Budapest Municipal Court for a preliminary ruling

32 HRLJ 442 (2012)

09.03.2010

C-378/08, GC, ERG (Raffinerie Mediterranee SpA) / Obligation to pay for measures remedying environmental damage (contamination of a seabed area in Sicily) / Interpretation of Directive 2004/35/EC / “Polluter pays” principle and environmental liability / Criteria for the presumption of a causal link

30 HRLJ 328 (2009-2010)

30.05.2006

C-317/04 et al., GC, European Parliament v. Commission and Council / Referral of personal data of air passengers to the US to prevent and combat terrorism based on an Agreement between the EC and the US / European Community overstepped its competence

27 HRLJ 216 (2006)

25.07.1991

C-221/89, Factortame v. Secretary of State for Transport / British nationality, residence and domicile requirements for the registration of fishing vessels are contrary to the freedom of establishment and the principle of non-discrimination / “Quota hopping” case

12 HRLJ 323 (1991)

26.06.1997

C-368/95, Plenary, Familiapress / Maintenance of press diversity may justify national prohibition on publishers of newspapers offering the chance of winning a prize in games, puzzles or competitions

18 HRLJ 234 (1997)

06.11.1984

182/83, Fearon and Co. Ltd v. Irish Land Commission / National restrictions on the possibility of owning land

6 HRLJ 26 (1985)

18.12.2014

C-354/13, FOA (a workers’ union in Denmark) / EU law does not contain a general principle of non-discrimination on grounds of obesity in the labour market / Criteria whether obesity can constitute a “disability” thus affording protection under Directive 2000/78 against disability-based discrimination

35 HRLJ 200 (2015)

13.07.1983

152/82, Forcheri / Further education / Additional enrolment fee

4 HRLJ 461 (1983)

14.03.2017

C-157/15, GC, G4S Secure Solutions NV / Dismissal of a female worker wearing an Islamic headscarf not discriminatory if based on a general policy of neutrality on the part of a private undertaking vis-à-vis its customers

37 HRLJ 172 (2017)

13.05.2014

C-131/12, GC, Google Spain and Google Inc. / “Right to be forgotten” on the Internet / Responsibility of the operator of the search engine and the company’s obligation to remove links to web pages published by third parties / Protection of personal data

34 HRLJ 186 (2014)

02.04.1998

C-321/95 P, Plenary, Greenpeace et al. v. Commission / Financial assistance for the construction of two power stations in the Canary Islands in alleged violation of environmental Community law / No direct and individual concern for Greenpeace

19 HRLJ 376 (1998)

15.02.2016

C-601/15 PPU, GC, J.N. / Examination of the validity of EU Directive 2013/33 in the light of the right to liberty and security under Article 6 of the Charter and Article 5 § 1 (f) ECHR / Existence of a pending asylum case does not as such imply that the detention – of a person who has made an asylum application – is no longer “with a view to deportation”

36 HRLJ 159 (2016)

06.11.2012

C-245/11, GC, K / State’s responsibility for examining an application for asylum on humanitarian grounds / Interpretation of Regulation No. 343/2003, purpose of Article 15 to facilitate the bringing together of family members / First application for asylum in Poland, second application in Austria / Shift of responsibility to Austria

32 HRLJ 184 (2012)

03.09.2008

C-402/05 P et al., GC, Kadi and Al Barakaat / ECJ enforces individual judicial protection against listing as potential terrorist / Freezing of funds and economic resources / European Union Council Regulation (EC) No. 881/2002 – implementing a UN Security Council (Sanctions Committee) decision – in part annulled / Right to respect for property, right to be heard and right to effective judicial review

29 HRLJ 373 (2008)

18.07.2013

C-584/10 P et al., GC, Kadi II / Information and evidence produced by the UN Sanctions Committee regarding involvement in terrorist activities do not justify in the present case, at European level, the maintenance of restrictive measures (freezing of funds and economic resources) / Rights of the defence / Judicial review of delisting request

33 HRLJ 187 (2013)

11.01.2000

C-285/98, Plenary, Kreil / General exclusion of women from military posts involving the use of arms contrary to the principle of equal treatment for men and women as regards access to employment

21 HRLJ 88 (2000)

29.05.1997

C-299/95, Kremzow / Human rights as an integral part of the general principles of Community law / No jurisdiction of the CJEC with regard to national legislation falling outside the scope of Community law

18 HRLJ 236 (1997)

28.03.2000

C-7/98, Plenary, Krombach / Contempt procedure under French law without hearing the defence counsel constitutes manifest breach of Article 6 ECHR / No obligation to enforce in Germany a French judgment (contempt procedure) rendered in a civil-law procedure for damages instituted within the criminal proceedings

21 HRLJ 247 (2000)

16.07.2015

C-237/15 PPU, GC, Lanigan / Execution procedure for the European arrest warrant / No general and unconditional obligation to release the requested person upon expiry of time-limits stipulated in the Framework Decision / Reference to the case-law of the EurCourtHR / Deprivation of liberty must be justified under Article 5 § 1 (f) ECHR

35 HRLJ 190 (2015)

15.02.2007

C-292/05, Lechouritou et al. / State immunity in proceedings for compensation brought by successors of victims of a war massacre perpetrated by German soldiers in 1943 in Kalavrita (Greece)

28 HRLJ 439 (2007)

01.12.1998

C-326/96, Plenary, Levez / Two-year limit for an employee’s entitlement to arrears of remuneration (Sec. 2 (5) Equal Pay Act 1970) in case of employer’s deceit in discrimination not applicable

19 HRLJ 389 (1998)

06.11.2003

C-101/01, Plenary, Lindqvist / Balance between protection of private life and freedom of expression / Publication of personal data on the Internet concerning people working on a voluntary basis in a parish of the Swedish Protestant Church

24 HRLJ 363 (2003)

31.01.2017

C-573/14, GC, Lounani / Conduct justifying exclusion of refugee status / Conviction on a charge of participation in the activities of a terrorist group / Supply of logistical support

37 HRLJ 166 (2017)

01.02.2001

C-108/96, Mac Quen et al. / Exercise of the profession of optician (i.a. computer tonometry) / Freedom of establishment / Demands of legal certainty / Protection of public health / First time comparative reference of the ECJ to a decision of the German Federal Constitutional Court

22 HRLJ 289 (2001)

22.11.2005

C-144/04, GC, Mangold / Age discrimination / Spirit of cooperation which must prevail in preliminary ruling proceedings / here: German legislation foreseeing the conclusion of fixed-term contracts of employment once the worker has reached the age of 52 not justified even though the period for transposition of Directive 2000/78/EC had not yet expired

31 HRLJ 427 (2011)

11.11.1997

C-409/95, Plenary, Marschall / Legal rule of priority for women in promotion in sectors of the public service containing a “saving clause” (“Öffnungsklausel”) not precluded by the 1996 Equal Treatment Directive

19 HRLJ 114 (1998)

17.06.1998

C-321/96, Mecklenburg / Right to freedom of access to information on the environment / Planning approval for the construction of a road section

19 HRLJ 381 (1998)

06.07.2010

C-428/08, GC, Monsanto Technology / Imports from Argentina of soy meal originating from herbicide resistant “RR soybeans”, plants for which Monsanto holds a European patent / Scope of legal protection of biotechnological inventions / Interpretation of Directive 98/44/EC

30 HRLJ 336 (2009-2010)

09.10.2001

C-377/98, Plenary, Netherlands v. European Parliament and Council / Human dignity not infringed by Directive 98/44/EC on the legal protection of biotechnological inventions / Application for annulment dismissed

22 HRLJ 284 (2001)

18.03.2004

C-36/02, OMEGA / Opinion of Advocate General Stix-Hackl

25 HRLJ 255 (2004)

14.10.2004

C-36/02, OMEGA / “Playing at killing” is an affront to human dignity / Commercial exploitation of games simulating acts of homicide with sub-machine-gun-type laser targeting devices / National prohibition confirmed

25 HRLJ 266 (2004)

03.12.1996

C-268/94, Plenary, Portugal v. Council / Human rights and democracy clause in cooperation agreements between the EC and third states (India) confirmed / Legal basis

18 HRLJ 238 (1997)

11.11.2004

C-105/03, Pupino / Opinion of Advocate General Kokott

26 HRLJ 75 (2005)

16.06.2005

C-105/03, GC, Pupino / Scope of an EU Council Framework Decision (2001/220/JHA) / Standing of victims in criminal proceedings / Protection of vulnerable persons (five-year-old children) / Interpretation of all rules of national law, “as far as possible, in the light of the wording and purpose of the Framework Decision”

26 HRLJ 82 (2005)

11.07.2008

C-195/08 PPU, Rinau / Jurisdiction and enforcement of judgments in matrimonial matters and matters of parental responsibility / Application (in Lithuania) for non-recognition of a decision (of a German court) requiring the return of a child wrongfully retained in another Member State (Lithuania) / First urgent preliminary ruling procedure

29 HRLJ 99 (2008)

12.06.2003

C-112/00, Plenary, Schmidberger / Principle of the free movement of goods does not take precedence over freedom of expression / 30 hours’ closure of a major transit route (Brenner motorway) due to an implicitly permitted demonstration of environmental protesters / State’s liability denied

24 HRLJ 203 (2003)

06.10.2015

C-362/14, GC, Schrems / Transfer of personal data from the EU to the United States / Inadequate level of protection / Decision 2000/520 of the Commission declared invalid / Causa Facebook / Powers of national supervisory authorities to examine claims confirmed

35 HRLJ 423 (2015)

17.10.2013

C-291/12, Schwarz / Biometric passport / Taking fingerprints and storing them in passports according to (EC) Regulation No. 2252/2004 appropriate measure to prevent illegal entry to the European Union

33 HRLJ 438 (2013)

18.05.1999

C-273/97, Sirdar / Opinion of Advocate General La Pergola

21 HRLJ 74 (2000)

26.10.1999

C-273/97, Plenary, Sirdar / Access to employment in the armed forces not outside the scope of Community law / Exclusion of women from service in special combat units such as the Royal Marines (in the present case as a chef) may be justified

21 HRLJ 85 (2000)

11.06.1991

C-159/90, Society for the Protection of Unborn Children / Opinion of Advocate General Van Gerven

12 HRLJ 455 (1991)

04.10.1991

C-159/90, Society for the Protection of Unborn Children / Medical termination of pregnancy as a service under Article 60 EEC Treaty / Prohibition on distribution of information about clinics in other EEC States / Preliminary ruling referred by High Court of Ireland

12 HRLJ 469 (1991)

30.04.1998

C-136/95, Thibault / No deprivation of the possibility of qualifying for promotion because of absence on account of maternity leave / Principle of equal treatment for men and women

19 HRLJ 383 (1998)

21.03.2002

C-50/00 P, Unión de Pequeños Agricultores v. Council / Opinion of Advocate General Jacobs

23 HRLJ 88 (2002)

25.07.2002

C-50/00 P, Plenary, Unión de Pequeños Agricultores v. Council / Strict interpretation of the notion of individual concern for granting standing to challenge a regulation confirmed by the CJEC / Advocate General Jacobs argued to consider the restrictive case-law / Olive oil market

23 HRLJ 101 (2002)

05.05.1998

C-180/96, United Kingdom v. Commission / Confirmation of emergency measures to protect against BSE (“Mad cow disease”) decided by the Commission on 27 March 1996

19 HRLJ 104 (1998)

21.09.1999

C-378/97, Plenary, Wijsenbeek / Legislation of a Member State requiring a person, under threat of criminal penalties, to establish his nationality upon his entry into the territory by an internal frontier (airport) compatible with EC Treaty

20 HRLJ 314 (1999)

27.04.1994

C-404/92 P, X v. Commission / Opinion of Advocate General Van Gerven

16 HRLJ 54 (1995)

05.10.1994

C-404/92 P, X v. Commission / Refusal to undergo an Aids test for pre-recruitment purposes / Right to keep one’s state of health secret (Article 8 ECHR)

16 HRLJ 70 (1995)

05.09.2012

C-71/11 et al., GC, Y and Z / Persecution on religious grounds / Active Ahmadis in Pakistan / Recognition of refugee status / Scope of protection according to Directive 2004/83/EC (manifestation of one’s religion: “forum internum” and “forum externum”)

32 HRLJ 178 (2012)