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Record· CJCELEX 62022CJ0175_SUMdecided

Judgment of the Court (Fourth Chamber) of 9 November 2023.#Criminal proceedings against BK.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2012/13/EU – Right to information in criminal proceedings – Article 6 – Right to information about the accusation – Article 6(4) – Changes in the information given – Amendment of the classification of the criminal offence – Obligation to inform the accused person in due time and to offer him or her the opportunity to put forward his or her arguments regarding the new envisaged classification – Effective exercise of the rights of the defence – Fairness of the proceedings – Directive (EU) 2016/343 – Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings – Article 3 – Presumption of innocence – Article 7(2) – Right not to incriminate oneself – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Requirement that the criminal court or tribunal be impartial – Reclassification of the offence on the initiative of the criminal court or tribunal or on the basis of a proposal from the accused person.#Case C-175/22.

European Union · Court of Justice of the European Union · 9 November 2023

Record· CJCELEX 62022CJ0175decided

Judgment of the Court (Fourth Chamber) of 9 November 2023.#Criminal proceedings against BK.#Request for a preliminary ruling from the Spetsializiran nakazatelen sad.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2012/13/EU – Right to information in criminal proceedings – Article 6 – Right to information about the accusation – Article 6(4) – Changes in the information given – Amendment of the classification of the criminal offence – Obligation to inform the accused person in due time and to offer him or her the opportunity to put forward his or her arguments regarding the new envisaged classification – Effective exercise of the rights of the defence – Fairness of the proceedings – Directive (EU) 2016/343 – Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings – Article 3 – Presumption of innocence – Article 7(2) – Right not to incriminate oneself – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Requirement that the criminal court or tribunal be impartial – Reclassification of the offence on the initiative of the criminal court or tribunal or on the basis of a proposal from the accused person.#Case C-175/22.

European Union · Court of Justice of the European Union · 9 November 2023

Record· TJCELEX 62021TJ0563_INFdecided

Judgment of the General Court (Fifth Chamber) of 8 November 2023.#Alexander Zaytsev and Bremino-Grupp TAA v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted in view of the situation in Belarus – Freezing of funds – Restrictions on entry into the territories of the Member States – Inclusion of the applicants’ names on the lists of persons, entities and bodies concerned – Obligation to state reasons – Rights of the defence – Error of assessment – Proportionality.#Joined Cases T-563/21 and T-564/21.

European Union · Court of Justice of the European Union · 8 November 2023

Record· TJCELEX 62021TJ0563decided

Judgment of the General Court (Fifth Chamber) of 8 November 2023.#Alexander Zaytsev and Bremino-Grupp TAA v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted in view of the situation in Belarus – Freezing of funds – Restrictions on entry into the territories of the Member States – Inclusion of the applicants’ names on the lists of persons, entities and bodies concerned – Obligation to state reasons – Rights of the defence – Error of assessment – Proportionality.#Joined Cases T-563/21 and T-564/21.

European Union · Court of Justice of the European Union · 8 November 2023

Record· TJCELEX 62019TJ0136decided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 25 October 2023 (Extracts).#Bulgarian Energy Holding EAD and Others v European Commission.#Competition – Abuse of a dominant position – Internal market in natural gas – Decision finding an infringement of Article 102 TFEU – Regulated market – Definition of the relevant market – Romanian Transit Pipeline 1 – Holder of an exclusive right to use the Romanian Pipeline 1 – Refusal to grant access – Public supply obligation – State action defence – Transmission system operator – Storage system operator – Anticompetitive strategy – Exclusionary effects – Single and continuous infringement – Rights of the defence.#Case T-136/19.

European Union · Court of Justice of the European Union · 25 October 2023

Record· TJCELEX 62019TJ0136_RESdecided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 25 October 2023 (Extracts).#Bulgarian Energy Holding EAD and Others v European Commission.#Competition – Abuse of a dominant position – Internal market in natural gas – Decision finding an infringement of Article 102 TFEU – Regulated market – Definition of the relevant market – Romanian Transit Pipeline 1 – Holder of an exclusive right to use the Romanian Pipeline 1 – Refusal to grant access – Public supply obligation – State action defence – Transmission system operator – Storage system operator – Anticompetitive strategy – Exclusionary effects – Single and continuous infringement – Rights of the defence.#Case T-136/19.

European Union · Court of Justice of the European Union · 25 October 2023

Record· CJCELEX 62022CJ0209_SUMdecided

Judgment of the Court (Fourth Chamber) of 7 September 2023.#Criminal proceedings against.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Right to information in criminal proceedings – Directive 2012/13/EU – Right of access to a lawyer in criminal proceedings – Directive 2013/48/EU – Scope – National legislation which does not refer to the concept of a suspect – Preliminary stage of the criminal proceedings – Coercive measure of personal search and seizure – Retrospective authorisation by the court having jurisdiction – Lack of judicial review of measures to obtain evidence – Articles 47 and 48 of the Charter of Fundamental Rights of the European Union – Effective exercise of the rights of defence of suspects and of accused persons during the judicial review of measures to obtain evidence.#Case C-209/22.

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

Record· TJCELEX 62021TJ0526_INFdecided

Judgment of the General Court (Fifth Chamber) of 6 September 2023.#Mikail Safarbekovich Gutseriev v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted in view of the situation in Belarus – Freezing of funds – Restrictions on admission to the territory of the Member States – Inclusion and retention of the applicant’s name on the lists of persons, entities and bodies concerned – Error of assessment – Right to property – Right to conduct a business – Right to respect for reputation – Rights of the defence.#Case T-526/21.

European Union · Court of Justice of the European Union · 6 September 2023

Record· TJCELEX 62021TJ0526decided

Judgment of the General Court (Fifth Chamber) of 6 September 2023.#Mikail Safarbekovich Gutseriev v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted in view of the situation in Belarus – Freezing of funds – Restrictions on admission to the territory of the Member States – Inclusion and retention of the applicant’s name on the lists of persons, entities and bodies concerned – Error of assessment – Right to property – Right to conduct a business – Right to respect for reputation – Rights of the defence.#Case T-526/21.

European Union · Court of Justice of the European Union · 6 September 2023

Record· TJCELEX 62022TJ0243_INFdecided

Judgment of the General Court (First Chamber) of 26 July 2023.#Artem Viktorovych Pshonka 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 freezing of funds and economic resources – Maintenance of the applicant’s name on the list – 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.#Case T-243/22.

European Union · Court of Justice of the European Union · 26 July 2023

Record· TJCELEX 62022TJ0244_INFdecided

Judgment of the General Court (First Chamber) of 26 July 2023.#Viktor Pavlovych Pshonka 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 freezing of funds and economic resources – Maintenance of the applicant’s name on the list – 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.#Case T-244/22.

European Union · Court of Justice of the European Union · 26 July 2023

Record· TJCELEX 62022TJ0243decided

Judgment of the General Court (First Chamber) of 26 July 2023.#Artem Viktorovych Pshonka 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 freezing of funds and economic resources – Maintenance of the applicant’s name on the list – 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.#Case T-243/22.

European Union · Court of Justice of the European Union · 26 July 2023

Record· TJCELEX 62022TJ0244decided

Judgment of the General Court (First Chamber) of 26 July 2023.#Viktor Pavlovych Pshonka 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 freezing of funds and economic resources – Maintenance of the applicant’s name on the list – 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.#Case T-244/22.

European Union · Court of Justice of the European Union · 26 July 2023

Record· TJCELEX 62021TJ0272_RESdecided

Judgment of the General Court (Sixth Chamber, Extended Composition) of 5 July 2023.#Carles Puigdemont i Casamajó and Others v European Parliament.#Institutional law – Member of the Parliament – Privileges and immunities – Decision to waive parliamentary immunity – Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union – Competence of the authority that issued the request for waiver of immunity – Legal certainty – Manifest error of assessment – Scope of the Parliament’s review – Procedure for examining the request for the waiver of immunity – Rights of the defence – Impartiality.#Case T-272/21.

European Union · Court of Justice of the European Union · 5 July 2023

Record· TJCELEX 62021TJ0272decided

Judgment of the General Court (Sixth Chamber, Extended Composition) of 5 July 2023.#Carles Puigdemont i Casamajó and Others v European Parliament.#Institutional law – Member of the Parliament – Privileges and immunities – Decision to waive parliamentary immunity – Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union – Competence of the authority that issued the request for waiver of immunity – Legal certainty – Manifest error of assessment – Scope of the Parliament’s review – Procedure for examining the request for the waiver of immunity – Rights of the defence – Impartiality.#Case T-272/21.

European Union · Court of Justice of the European Union · 5 July 2023

Record· CJCELEX 62022CJ0259_INFdecided

Judgment of the Court (Eighth Chamber) of 22 June 2023.#Arysta LifeScience Great Britain Ltd v European Commission.#Appeal – Plant protection products – Active substance – Regulation (EC) No 1107/2009 – Article 4(5) – Article 14(1) – Article 20(1) – Implementing Regulation (EU) No 844/2012 – Article 12(3) – Article 14(1) – Non-renewal of the approval of the active substance thiram for the purpose of placing it on the market – Rights of the defence – Precautionary principle – Equal treatment.#Case C-259/22 P.

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

Record· CJCELEX 62021CJ0818decided

Judgment of the Court (Eighth Chamber) of 22 June 2023.#YG v European Commission.#Appeal – Civil service – Official – Promotion – 2019 promotion exercise – Decision not to promote the appellant to grade AST 9 – Article 45(1) of the Staff Regulations of Officials of the European Union – Comparison of merits – Distortion of the evidence – Disregard for and distortion of the pleas in the application at first instance – Infringement of the rights of the defence – Failure to fulfil the duty to state reasons.#Case C-818/21 P.

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

Record· CJCELEX 62022CJ0259decided

Judgment of the Court (Eighth Chamber) of 22 June 2023.#Arysta LifeScience Great Britain Ltd v European Commission.#Appeal – Plant protection products – Active substance – Regulation (EC) No 1107/2009 – Article 4(5) – Article 14(1) – Article 20(1) – Implementing Regulation (EU) No 844/2012 – Article 12(3) – Article 14(1) – Non-renewal of the approval of the active substance thiram for the purpose of placing it on the market – Rights of the defence – Precautionary principle – Equal treatment.#Case C-259/22 P.

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

Record· CJCELEX 62021CJ0818_INFdecided

Judgment of the Court (Eighth Chamber) of 22 June 2023.#YG v European Commission.#Appeal – Civil service – Official – Promotion – 2019 promotion exercise – Decision not to promote the appellant to grade AST 9 – Article 45(1) of the Staff Regulations of Officials of the European Union – Comparison of merits – Distortion of the evidence – Disregard for and distortion of the pleas in the application at first instance – Infringement of the rights of the defence – Failure to fulfil the duty to state reasons.#Case C-818/21 P.

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

Record· TJCELEX 62021TJ0326_RESdecided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 21 June 2023 (Extracts).#Guangdong Haomei New Materials Co. Ltd and Guangdong King Metal Light Alloy Technology Co. Ltd v European Commission.#Dumping – Importation of aluminium extrusions originating in China – Implementing Regulation (EU) 2021/546 – Imposition of a definitive anti-dumping duty – Article 1(4) of Regulation (EU) 2016/1036 – Definition of the product concerned – Determination of the normal value – Article 2(6a) of Regulation 2016/1036 – Report finding significant distortions in the exporting country – Burden of proof – Use of a representative country – Article 3(1), (2), (3), (5) and (6) of Regulation 2016/1036 – Injury – Economic factors and indices having a bearing on the state of the Union industry – Rights of the defence – Principle of good administration.#Case T-326/21.

European Union · Court of Justice of the European Union · 21 June 2023

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