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Record· TJCELEX 62020TJ0764_INFdecided

Judgment of the General Court (Ninth Chamber, Extended Composition) of 21 February 2024.#Anhui Wanwei Updated High-Tech Material Industry Co. Ltd and Inner Mongolia Mengwei Technology Co. Ltd v European Commission.#Dumping – Imports of certain polyvinyl alcohols originating in China – Definitive anti-dumping duty – Implementing Regulation (EU) 2020/1336 – Calculation of the normal value – Significant distortions in the exporting country – Article 2(6a) of Regulation (EU) 2016/1036 – WTO law – Principle of consistent interpretation – Price undercutting – Market segments – Product control number method – Article 3(2) and (3) of Regulation 2016/1036 – Rights of the defence – Confidential treatment – Articles 19 and 20 of Regulation 2016/1036.#Case T-764/20.

European Union · Court of Justice of the European Union · 21 February 2024

Record· TJCELEX 62020TJ0762_RESdecided

Judgment of the General Court (Ninth Chamber, Extended Composition) of 21 February 2024.#Sinopec Chongqing SVW Chemical Co. Ltd and Others v European Commission.#Dumping – Imports of certain polyvinyl alcohols originating in China – Definitive anti-dumping duty – Implementing Regulation (EU) 2020/1336 – Calculation of the normal value – Significant distortions in the exporting country – Article 2(6a) of Regulation (EU) 2016/1036 – WTO law – Principle of consistent interpretation – Adjustments – Non-refundable VAT – Functions similar to those of an agent acting on a commission basis – Fair comparison of the export price and the normal value – Burden of proof – Article 2(10)(b) and (i) of Regulation 2016/1036 – Non-cooperation – Facts available – Article 18 of Regulation 2016/1036 – Double application – Punitive application – Different production processes – Price undercutting – Market segments – Product control number method – Article 3(2) and (3) of Regulation 2016/1036 – Rights of the defence – Confidential treatment – Articles 19 and 20 of Regulation 2016/1036.#Case T-762/20.

European Union · Court of Justice of the European Union · 21 February 2024

Record· TJCELEX 62020TJ0762decided

Judgment of the General Court (Ninth Chamber, Extended Composition) of 21 February 2024.#Sinopec Chongqing SVW Chemical Co. Ltd and Others v European Commission.#Dumping – Imports of certain polyvinyl alcohols originating in China – Definitive anti-dumping duty – Implementing Regulation (EU) 2020/1336 – Calculation of the normal value – Significant distortions in the exporting country – Article 2(6a) of Regulation (EU) 2016/1036 – WTO law – Principle of consistent interpretation – Adjustments – Non-refundable VAT – Functions similar to those of an agent acting on a commission basis – Fair comparison of the export price and the normal value – Burden of proof – Article 2(10)(b) and (i) of Regulation 2016/1036 – Non-cooperation – Facts available – Article 18 of Regulation 2016/1036 – Double application – Punitive application – Different production processes – Price undercutting – Market segments – Product control number method – Article 3(2) and (3) of Regulation 2016/1036 – Rights of the defence – Confidential treatment – Articles 19 and 20 of Regulation 2016/1036.#Case T-762/20.

European Union · Court of Justice of the European Union · 21 February 2024

Record· TJCELEX 62020TJ0763decided

Judgment of the General Court (Ninth Chamber, Extended Composition) of 21 February 2024 (Extracts).#Inner Mongolia Shuangxin Environment-Friendly Material Co. Ltd v European Commission.#Dumping – Imports of certain polyvinyl alcohols originating in China – Definitive anti-dumping duty – Implementing Regulation (EU) 2020/1336 – Calculation of the normal value – Significant distortions in the exporting country – Article 2(6a) of Regulation (EU) 2016/1036 – WTO law – Principle of consistent interpretation – Choice of appropriate representative country – Readily available data – Non-cooperation – Definition of ‘necessary information’ – Article 18 of Regulation 2016/1036 – Price undercutting – Market segments – Product control number method – Article 3(2) and (3) of Regulation 2016/1036 – Rights of the defence – Confidential treatment – Articles 19 and 20 of Regulation 2016/1036.#Case T-763/20.

European Union · Court of Justice of the European Union · 21 February 2024

Record· TJCELEX 62020TJ0763_RESdecided

Judgment of the General Court (Ninth Chamber, Extended Composition) of 21 February 2024 (Extracts).#Inner Mongolia Shuangxin Environment-Friendly Material Co. Ltd v European Commission.#Dumping – Imports of certain polyvinyl alcohols originating in China – Definitive anti-dumping duty – Implementing Regulation (EU) 2020/1336 – Calculation of the normal value – Significant distortions in the exporting country – Article 2(6a) of Regulation (EU) 2016/1036 – WTO law – Principle of consistent interpretation – Choice of appropriate representative country – Readily available data – Non-cooperation – Definition of ‘necessary information’ – Article 18 of Regulation 2016/1036 – Price undercutting – Market segments – Product control number method – Article 3(2) and (3) of Regulation 2016/1036 – Rights of the defence – Confidential treatment – Articles 19 and 20 of Regulation 2016/1036.#Case T-763/20.

European Union · Court of Justice of the European Union · 21 February 2024

Record· TJCELEX 62020TJ0764decided

Judgment of the General Court (Ninth Chamber, Extended Composition) of 21 February 2024.#Anhui Wanwei Updated High-Tech Material Industry Co. Ltd and Inner Mongolia Mengwei Technology Co. Ltd v European Commission.#Dumping – Imports of certain polyvinyl alcohols originating in China – Definitive anti-dumping duty – Implementing Regulation (EU) 2020/1336 – Calculation of the normal value – Significant distortions in the exporting country – Article 2(6a) of Regulation (EU) 2016/1036 – WTO law – Principle of consistent interpretation – Price undercutting – Market segments – Product control number method – Article 3(2) and (3) of Regulation 2016/1036 – Rights of the defence – Confidential treatment – Articles 19 and 20 of Regulation 2016/1036.#Case T-764/20.

European Union · Court of Justice of the European Union · 21 February 2024

Record· COCELEX 62022CO0514_INFdecided

Order of the Court (Sixth Chamber) of 8 February 2024.#Tirrenia di navigazione SpA v European Commission.#Appeal – Article 181 of the Rules of Procedure of the Court – State aid – Maritime transport – Service of general economic interest – Decision declaring the aid unlawful – Decision declaring the aid compatible in part and incompatible in part with the internal market and ordering that it be recovered – Rescue aid – Compatibility with the internal market – Six month time limit – Extension – Obligation to submit a restructuring or liquidation plan – Guidelines on State aid for rescuing and restructuring firms in difficulty – Tax exemption – Advantage – Adverse effect on trade between Member States – Adverse effect on competition – Excessive length of the procedure – Legitimate expectations – Legal certainty – Principle of good administration – Principle of proportionality – Rights of the defence – General Court’s obligation to state reasons – Manifest error of assessment – Freedom to conduct a business – Right to property – Unjust enrichment – Rules of Procedure of the General Court – Submission of an item of evidence out of time.#Case C-514/22 P.

European Union · Court of Justice of the European Union · 8 February 2024

Record· COCELEX 62022CO0514decided

Order of the Court (Sixth Chamber) of 8 February 2024.#Tirrenia di navigazione SpA v European Commission.#Appeal – Article 181 of the Rules of Procedure of the Court – State aid – Maritime transport – Service of general economic interest – Decision declaring the aid unlawful – Decision declaring the aid compatible in part and incompatible in part with the internal market and ordering that it be recovered – Rescue aid – Compatibility with the internal market – Six month time limit – Extension – Obligation to submit a restructuring or liquidation plan – Guidelines on State aid for rescuing and restructuring firms in difficulty – Tax exemption – Advantage – Adverse effect on trade between Member States – Adverse effect on competition – Excessive length of the procedure – Legitimate expectations – Legal certainty – Principle of good administration – Principle of proportionality – Rights of the defence – General Court’s obligation to state reasons – Manifest error of assessment – Freedom to conduct a business – Right to property – Unjust enrichment – Rules of Procedure of the General Court – Submission of an item of evidence out of time.#Case C-514/22 P.

European Union · Court of Justice of the European Union · 8 February 2024

Record· TJCELEX 62022TJ0237_INFdecided

Judgment of the General Court (First Chamber) of 7 February 2024.#Alisher Usmanov v Council of the European Union.#Common foreign and security policy – Restrictive measures taken in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Restrictions on entry into the territories of the Member States – List of persons, entities and bodies subject to restrictions on entry into the territories of the Member States – Inclusion and maintenance of the applicant’s name on the lists – Meaning of ‘supporting actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine’ – Article 2(1)(a) of Decision 2014/145/CFSP – Article 3(1)(a) of Regulation (EU) No 269/2014 – Jurisdiction of the General Court – Obligation to state reasons – Error of assessment – Rights of the defence – Right to property and freedom to conduct a business – Freedom of movement.#Case T-237/22.

European Union · Court of Justice of the European Union · 7 February 2024

Record· TJCELEX 62022TJ0237decided

Judgment of the General Court (First Chamber) of 7 February 2024.#Alisher Usmanov v Council of the European Union.#Common foreign and security policy – Restrictive measures taken in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Restrictions on entry into the territories of the Member States – List of persons, entities and bodies subject to restrictions on entry into the territories of the Member States – Inclusion and maintenance of the applicant’s name on the lists – Meaning of ‘supporting actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine’ – Article 2(1)(a) of Decision 2014/145/CFSP – Article 3(1)(a) of Regulation (EU) No 269/2014 – Jurisdiction of the General Court – Obligation to state reasons – Error of assessment – Rights of the defence – Right to property and freedom to conduct a business – Freedom of movement.#Case T-237/22.

European Union · Court of Justice of the European Union · 7 February 2024

Record· CJCELEX 62022CJ0389_INFdecided

Judgment of the Court (Sixth Chamber) of 25 January 2024.#GC and Others v Croce Rossa Italiana and Others.#Reference for a preliminary ruling – Article 267 TFEU – Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling – Exceptions to that obligation – Criteria – Situations in which the correct interpretation of EU law is so obvious as to leave no scope for any reasonable doubt – Condition related to the national court or tribunal of last instance being convinced that the matter would be equally obvious to the other courts or tribunals of last instance of the Member States and to the Court of Justice – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clauses 2 and 3 – Concept of ‘fixed-term worker’ – Members of the military corps of the Italian Red Cross – Clause 5 – Measures seeking to prevent and, where relevant, punish abuse arising from the use of successive fixed-term employment contracts or relationships – Conversion of the status of ‘fixed-term workers’ into that of ‘permanent workers’ – Clause 4 – Principle of non-discrimination.#Case C-389/22.

European Union · Court of Justice of the European Union · 25 January 2024

Record· CJCELEX 62022CJ0389decided

Judgment of the Court (Sixth Chamber) of 25 January 2024.#GC and Others v Croce Rossa Italiana and Others.#Request for a preliminary ruling from the Consiglio di Stato.#Reference for a preliminary ruling – Article 267 TFEU – Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling – Exceptions to that obligation – Criteria – Situations in which the correct interpretation of EU law is so obvious as to leave no scope for any reasonable doubt – Condition related to the national court or tribunal of last instance being convinced that the matter would be equally obvious to the other courts or tribunals of last instance of the Member States and to the Court of Justice – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clauses 2 and 3 – Concept of ‘fixed-term worker’ – Members of the military corps of the Italian Red Cross – Clause 5 – Measures seeking to prevent and, where relevant, punish abuse arising from the use of successive fixed-term employment contracts or relationships – Conversion of the status of ‘fixed-term workers’ into that of ‘permanent workers’ – Clause 4 – Principle of non-discrimination.#Case C-389/22.

European Union · Court of Justice of the European Union · 25 January 2024

Record· COCELEX 62023CO0278_SUMdecided

Order of the Court (Seventh Chamber) of 8 January 2024.#M.M. v Ministero della Difesa.#Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 5 – Fixed-term employment contracts in the public sector – Successive contracts – Prohibition on converting fixed-term contracts to open-ended contracts – Teaching non-military subjects in military schools.#Case C-278/23.

European Union · Court of Justice of the European Union · 8 January 2024

Record· TJCELEX 62021TJ0263_INFdecided

Judgment of the General Court (First Chamber) of 20 December 2023.#Oleksandr Viktorovych Yanukovych v Council of the European Union.#Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Misappropriation of Ukrainian State funds – Article 1(1) of Decision 2014/119/CFSP – Article 3(1) of Regulation (EU) No 208/2014 – Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection.#Cases T-263/21 and T-257/22.

European Union · Court of Justice of the European Union · 20 December 2023

Record· TJCELEX 62021TJ0262_INFdecided

Judgment of the General Court (First Chamber) of 20 December 2023.#Viktor Fedorovych Yanukovych v Council of the European Union.#Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Misappropriation of Ukrainian State funds – Article 1(1) of Decision 2014/119/CFSP – Article 3(1) of Regulation (EU) No 208/2014 – Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection.#Cases T-262/21 and T-256/22.

European Union · Court of Justice of the European Union · 20 December 2023

Record· TJCELEX 62021TJ0262decided

Judgment of the General Court (First Chamber) of 20 December 2023.#Viktor Fedorovych Yanukovych v Council of the European Union.#Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Misappropriation of Ukrainian State funds – Article 1(1) of Decision 2014/119/CFSP – Article 3(1) of Regulation (EU) No 208/2014 – Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection.#Cases T-262/21 and T-256/22.

European Union · Court of Justice of the European Union · 20 December 2023

Record· TJCELEX 62021TJ0263decided

Judgment of the General Court (First Chamber) of 20 December 2023.#Oleksandr Viktorovych Yanukovych v Council of the European Union.#Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Misappropriation of Ukrainian State funds – Article 1(1) of Decision 2014/119/CFSP – Article 3(1) of Regulation (EU) No 208/2014 – Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection.#Cases T-263/21 and T-257/22.

European Union · Court of Justice of the European Union · 20 December 2023

Record· TJCELEX 62022TJ0313_RESdecided

Judgment of the General Court (First Chamber, Extended Composition) of 20 December 2023.#Roman Arkadyevich Abramovich v Council of the European Union.#Common foreign and security policy – Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Restriction on entry into the territory of the Member States – List of persons, entities and bodies subject to restrictions on entry into the territories of the Member States – Inclusion and maintenance of the applicant’s name on the lists – Definition of ‘leading businesspersons’ – Article 2(1)(g) of Decision 2014/145/CFSP – Obligation to state reasons – Rights of the defence – Error of assessment – Proportionality – Equal treatment – Right to property – Freedom to conduct a business – Right to private life – Application of restriction on entry to a national of a Member State – Free movement of Union citizens.#Case T-313/22.

European Union · Court of Justice of the European Union · 20 December 2023

Record· TJCELEX 62022TJ0313decided

Judgment of the General Court (First Chamber, Extended Composition) of 20 December 2023.#Roman Arkadyevich Abramovich v Council of the European Union.#Common foreign and security policy – Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Restriction on entry into the territory of the Member States – List of persons, entities and bodies subject to restrictions on entry into the territories of the Member States – Inclusion and maintenance of the applicant’s name on the lists – Definition of ‘leading businesspersons’ – Article 2(1)(g) of Decision 2014/145/CFSP – Obligation to state reasons – Rights of the defence – Error of assessment – Proportionality – Equal treatment – Right to property – Freedom to conduct a business – Right to private life – Application of restriction on entry to a national of a Member State – Free movement of Union citizens.#Case T-313/22.

European Union · Court of Justice of the European Union · 20 December 2023

Report· CCCELEX 62021CC0587decided

Opinion of Advocate General Pikamäe delivered on 7 December 2023.#DD v European Union Agency for Fundamental Rights (FRA).#Appeal – Civil service – Members of the temporary staff – Disciplinary proceedings – Staff Regulations of Officials of the European Union – Annex IX – Article 3 – Compliance with the judgments of the Civil Service Tribunal and of the General Court of the European Union – Annulment of the decisions of the appointing authority – Discretion – Obligation to resume the proceedings at the very point at which the illegality occurred – Rights of the defence – Right to be heard – Article 29 – Compensation for the harm suffered.#Case C-587/21 P.

European Union · Court of Justice of the European Union · 7 December 2023

Record· TOCELEX 62022TO0250(02)_INFdecided

Order of the General Court (Fourth Chamber) of 27 November 2023.#Ingeniería para el Desarrollo Tecnológico, SL (Indetec) v European Climate, Infrastructure and Environment Executive Agency.#Action for annulment and compensation – Arbitration clause – Programme for the Environment and Climate Action (LIFE) – Grant agreement – Decision categorising certain expenditure connected to a subcontract as ineligible expenditure – Obligation to state reasons – Right to sound administration – Article 202(4) of Regulation (EU, Euratom) 2018/1046 – Rights of the defence – Proportionality – Action in part manifestly brought before a court which does not have jurisdiction to hear it and in part manifestly lacking any foundation in law.#Case T-250/22.

European Union · Court of Justice of the European Union · 27 November 2023

Record· CJCELEX 62022CJ0201_SUMdecided

Judgment of the Court (Fifth Chamber) of 23 November 2023.#Kopiosto ry v Telia Finland Oyj.#Reference for a preliminary ruling – Intellectual property rights – Directive 2014/26/EU – Collective management of copyright and related rights – Collective management organisation – Directive 2004/48/EC – Measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights – Article 4 – Persons entitled to seek the application of the measures, procedures and remedies provided for in Directive 2004/48/EC – Collective management organisation authorised to carry out extended collective licensing – Standing to bring proceedings for the defence of intellectual property rights.#Case C-201/22.

European Union · Court of Justice of the European Union · 23 November 2023

Report· CCCELEX 62022CC0351decided

Opinion of Advocate General Ćapeta delivered on 23 November 2023.#Neves 77 Solutions SRL v Agenţia Naţională de Administrare Fiscală – Direcţia Generală Antifraudă Fiscală.#Request for a preliminary ruling from the Tribunalul Bucureşti.#Reference for a preliminary ruling – Common Foreign and Security Policy (CFSP) – Restrictive measures adopted in view of the actions of the Russian Federation destabilising the situation in Ukraine – Decision 2014/512/CFSP – Article 2(2)(a) – Jurisdiction of the Court – Final sentence of the second subparagraph of Article 24(1) TEU – Article 275 TFEU – Article 215 TFEU – Article 17 of the Charter of Fundamental Rights of the European Union – Right to property – Principle of legal certainty and principle that penalties must be defined by law – Brokering services in relation to military equipment – Prohibition on providing such services – Failure to notify the competent national authorities – Administrative offence – Fine – Automatic confiscation of the amounts received in consideration for the prohibited transaction.#Case C-351/22.

European Union · Court of Justice of the European Union · 23 November 2023

Record· CJCELEX 62022CJ0201decided

Judgment of the Court (Fifth Chamber) of 23 November 2023.#Kopiosto ry v Telia Finland Oyj.#Request for a preliminary ruling from the Korkein oikeus.#Reference for a preliminary ruling – Intellectual property rights – Directive 2014/26/EU – Collective management of copyright and related rights – Collective management organisation – Directive 2004/48/EC – Measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights – Article 4 – Persons entitled to seek the application of the measures, procedures and remedies provided for in Directive 2004/48/EC – Collective management organisation authorised to carry out extended collective licensing – Standing to bring proceedings for the defence of intellectual property rights.#Case C-201/22.

European Union · Court of Justice of the European Union · 23 November 2023

Record· TJCELEX 62020TJ0340decided

Judgment of the General Court (Third Chamber) of 22 November 2023.#José María Galván Fernández-Guillén v Single Resolution Board.#Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Resolution of Banco Popular Español – Decision of the SRB refusing to grant compensation to shareholders and creditors concerned by the resolution actions – Right to property – Rights of the defence – Valuation of difference in treatment – Independence of the valuer.#Case T-340/20.

European Union · Court of Justice of the European Union · 22 November 2023

Record· TJCELEX 62020TJ0340_INFdecided

Judgment of the General Court (Third Chamber) of 22 November 2023.#José María Galván Fernández-Guillén v Single Resolution Board.#Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Resolution of Banco Popular Español – Decision of the SRB refusing to grant compensation to shareholders and creditors concerned by the resolution actions – Right to property – Rights of the defence – Valuation of difference in treatment – Independence of the valuer.#Case T-340/20.

European Union · Court of Justice of the European Union · 22 November 2023

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