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Records

Record· TJCELEX 62020TJ0606decided

Judgment of the General Court (Second Chamber, Extended Composition) of 15 February 2023.#Austrian Power Grid AG and Others v European Union Agency for the Cooperation of Energy Regulators.#Energy – Internal market in electricity – Framework for the implementation of the European platform for the exchange of balancing energy from frequency restoration reserves with automatic activation – Procedure for the adoption of terms, conditions and methodologies – Rejection of the joint proposal of the system operators – Competence of ACER – Error of law – Rights of the defence – Obligation to state reasons.#Case T-606/20.

European Union · Court of Justice of the European Union · 15 February 2023

Record· TJCELEX 62020TJ0607decided

Judgment of the General Court (Second Chamber, Extended Composition) of 15 February 2023.#Austrian Power Grid AG and Others v European Union Agency for the Cooperation of Energy Regulators.#Energy – Internal market in electricity – Framework for the implementation of the European platform for the exchange of balancing energy from frequency restoration reserves with manual activation – Procedure for the adoption of terms, conditions and methodologies – Rejection of the joint proposal of the system operators – Competence of ACER – Error of law – Rights of the defence – Obligation to state reasons.#Case T-607/20.

European Union · Court of Justice of the European Union · 15 February 2023

Record· COCELEX 62022CO0521_INFdecided

Order of the Court (Ninth Chamber) of 7 February 2023.#KONŠTRUKTA – Defence a.s. v Úrad pre verejné obstarávanie.#Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Definition of ‘court or tribunal’ – Appellate body of a national supervisory authority for public procurement procedures – Independence – Status as third party in relation to the authority which adopted the contested decision – Manifest inadmissibility of the request for a preliminary ruling.#Case C-521/22.

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

Record· COCELEX 62022CO0521decided

Order of the Court (Ninth Chamber) of 7 February 2023.#KONŠTRUKTA – Defence a.s. v Úrad pre verejné obstarávanie.#Request for a preliminary ruling from the Rada Úradu pre verejné obstarávanie.#Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Definition of ‘court or tribunal’ – Appellate body of a national supervisory authority for public procurement procedures – Independence – Status as third party in relation to the authority which adopted the contested decision – Manifest inadmissibility of the request for a preliminary ruling.#Case C-521/22.

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

Record· TJCELEX 62020TJ0659_INFdecided

Judgment of the General Court (Fifth Chamber) of 1 February 2023.#SJ AB v European Commission.#Directive 2014/25/EU – Procurement procedures of entities operating in the water, energy, transport and postal services sectors – Implementing decision on the applicability of Article 34 of Directive 2014/25 to railway passenger transport in Sweden – Rights of the defence – Right to be heard.#Case T-659/20.

European Union · Court of Justice of the European Union · 1 February 2023

Record· TJCELEX 62020TJ0659decided

Judgment of the General Court (Fifth Chamber) of 1 February 2023.#SJ AB v European Commission.#Directive 2014/25/EU – Procurement procedures of entities operating in the water, energy, transport and postal services sectors – Implementing decision on the applicability of Article 34 of Directive 2014/25 to railway passenger transport in Sweden – Rights of the defence – Right to be heard.#Case T-659/20.

European Union · Court of Justice of the European Union · 1 February 2023

Record· TJCELEX 62016TJ0640(01)decided

Judgment of the General Court (Third Chamber) of 25 January 2023.#GEA Group AG v European Commission.#Competition – Agreements, decisions and concerted practices – European markets for tin-based heat stabilisers and for heat stabilisers with epoxidised soybean oil and esters as their base – Application of the ceiling of 10% of turnover to one of the entities forming the undertaking – Annulment of the decision amending the fine imposed in the initial infringement decision – Admissibility – Interest in bringing proceedings – Fines – Limitation period – Concept of an ‘undertaking’ – Joint and several liability for payment of the fine – Rights of the defence – Right to a hearing – Equal treatment – Date by which the fine is payable in the event of amendment – Statement of reasons.#Case T-640/16 RENV.

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

Record· TJCELEX 62016TJ0640(01)_INFdecided

Judgment of the General Court (Third Chamber) of 25 January 2023.#GEA Group AG v European Commission.#Competition – Agreements, decisions and concerted practices – European markets for tin-based heat stabilisers and for heat stabilisers with epoxidised soybean oil and esters as their base – Application of the ceiling of 10% of turnover to one of the entities forming the undertaking – Annulment of the decision amending the fine imposed in the initial infringement decision – Admissibility – Interest in bringing proceedings – Fines – Limitation period – Concept of an ‘undertaking’ – Joint and several liability for payment of the fine – Rights of the defence – Right to a hearing – Equal treatment – Date by which the fine is payable in the event of amendment – Statement of reasons.#Case T-640/16 RENV.

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

Report· CCCELEX 62021CC0608decided

Opinion of Advocate General Pikamäe delivered on 12 January 2023.#Criminal proceedings against Politseyski organ pri 02 RU SDVR.#Request for a preliminary ruling from the Sofiyski rayonen sad.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2012/13/EU – Right to information in criminal proceedings – Article 6 – Right of a person to be informed of the charges against him or her – Article 7 – Right of access to case materials – Effective exercise of the rights of the defence – Article 6 of the Charter of Fundamental Rights of the European Union – Right to liberty and security – Communication of the grounds for detention of the suspect or accused person in a separate document – When that communication must be made.#Case C-608/21.

European Union · Court of Justice of the European Union · 12 January 2023

Record· CJCELEX 62021CJ0246decided

Judgment of the Court (Sixth Chamber) of 22 December 2022.#European Parliament v Giulia Moi.#Appeal – Law governing the institutions – Member of the European Parliament – Principle of ne ultra petita – Subject matter of the dispute – Rights of the defence – Article 232 TFEU – Operating arrangements of the Parliament – Sixth paragraph of Article 263 TFEU – Time limit for bringing proceedings – Cross-appeal.#Case C-246/21 P.

European Union · Court of Justice of the European Union · 22 December 2022

Record· CJCELEX 62021CJ0246_INFdecided

Judgment of the Court (Sixth Chamber) of 22 December 2022.#European Parliament v Giulia Moi.#Appeal – Law governing the institutions – Member of the European Parliament – Principle of ne ultra petita – Subject matter of the dispute – Rights of the defence – Article 232 TFEU – Operating arrangements of the Parliament – Sixth paragraph of Article 263 TFEU – Time limit for bringing proceedings – Cross-appeal.#Case C-246/21 P.

European Union · Court of Justice of the European Union · 22 December 2022

Record· TJCELEX 62021TJ0242decided

Judgment of the General Court (First Chamber) of 21 December 2022.#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 the persons, entities and bodies covered by the 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-242/21.

European Union · Court of Justice of the European Union · 21 December 2022

Record· TJCELEX 62021TJ0242_INFdecided

Judgment of the General Court (First Chamber) of 21 December 2022.#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 the persons, entities and bodies covered by the 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-242/21.

European Union · Court of Justice of the European Union · 21 December 2022

Record· TJCELEX 62021TJ0243decided

Judgment of the General Court (First Chamber) of 21 December 2022.#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 the persons, entities and bodies covered by the 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-243/21.

European Union · Court of Justice of the European Union · 21 December 2022

Record· TJCELEX 62021TJ0243_INFdecided

Judgment of the General Court (First Chamber) of 21 December 2022.#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 the persons, entities and bodies covered by the 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-243/21.

European Union · Court of Justice of the European Union · 21 December 2022

Record· TJCELEX 62020TJ0143_RESdecided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 14 December 2022.#PT Pelita Agung Agrindustri and PT Permata Hijau Palm Oleo v European Commission.#Subsidies – Imports of biodiesel originating in Indonesia – Implementing Regulation (EU) 2019/2092 – Definitive countervailing duty – Article 8(1) and (2) of Regulation (EU) 2016/1037 – Price undercutting – Price pressure – Article 8(5) of Regulation 2016/1037 – Causal link – Article 3(1)(a)(iv) and (2) of Regulation 2016/1037 – Action consisting in ‘entrusting’ or ‘directing’ a private body to carry out a function constituting a financial contribution – Less than adequate remuneration – Income or price support – Article 3(2) and Article 6(d) of Regulation 2016/1037 – Benefit – Article 3(1)(a)(i) and (2) of Regulation 2016/1037 – Direct transfer of funds – Article 7 of Regulation 2016/1037 – Calculation of the amount of the benefit – Article 8(1) and (8) of Regulation 2016/1037 – Threat of material injury – Rights of the defence.#Case T-143/20.

European Union · Court of Justice of the European Union · 14 December 2022

Record· TJCELEX 62014TJ0586(02)_INFdecided

Judgment of the General Court (First Chamber) of 14 December 2022.#Xinyi PV Products (Anhui) Holdings Ltd v European Commission.#Dumping – Imports of solar glass originating in China – Article 2(8) to (10) and Articles 19 and 20 of Regulation (EC) No 1225/2009 (now Article 2(8) to (10) and Articles 19 and 20 of Regulation (EU) 2016/1036) – Right to access confidential documents – Manifest error of assessment – Rights of the defence.#Case T-586/14 RENV II.

European Union · Court of Justice of the European Union · 14 December 2022

Record· TJCELEX 62014TJ0586(02)decided

Judgment of the General Court (First Chamber) of 14 December 2022.#Xinyi PV Products (Anhui) Holdings Ltd v European Commission.#Dumping – Imports of solar glass originating in China – Article 2(8) to (10) and Articles 19 and 20 of Regulation (EC) No 1225/2009 (now Article 2(8) to (10) and Articles 19 and 20 of Regulation (EU) 2016/1036) – Right to access confidential documents – Manifest error of assessment – Rights of the defence.#Case T-586/14 RENV II.

European Union · Court of Justice of the European Union · 14 December 2022

Record· TJCELEX 62020TJ0138decided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 14 December 2022.#PT Ciliandra Perkasa v European Commission.#Subsidies – Imports of biodiesel originating in Indonesia – Implementing Regulation (EU) 2019/2092 – Definitive countervailing duty – Article 8(1) and (2) of Regulation (EU) 2016/1037 – Price undercutting – Price pressure – Article 8(5) of Regulation 2016/1037 – Causal link – Article 3(2) and Article 6(d) of Regulation 2016/1037 – Benefit – Article 3(1)(a)(i) and (2) of Regulation 2016/1037 – Direct transfer of funds – Article 7 of Regulation 2016/1037 – Calculation of the amount of the benefit – Article 8(1) and (8) of Regulation 2016/1037 – Threat of material injury – Rights of the defence.#Case T-138/20.

European Union · Court of Justice of the European Union · 14 December 2022

Record· TJCELEX 62021TJ0182decided

Judgment of the General Court (Fourth Chamber) of 14 December 2022.#Kurdistan Workers' Party (PKK) v Council of the European Union.#Common foreign and security policy – Restrictive measures imposed on the PKK with a view to combating terrorism – Freezing of funds – Common Position 2001/931/CFSP – Regulation (EC) No 2580/2001 – Applicability to situations of armed conflict – Terrorist group – Factual basis of the decisions to freeze funds – Decision taken by a competent authority – Authority of a third State – Review – Obligation to state reasons – Proportionality – Rights of the defence – Right to effective judicial protection.#Case T-182/21.

European Union · Court of Justice of the European Union · 14 December 2022

Record· TJCELEX 62020TJ0138_INFdecided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 14 December 2022.#PT Ciliandra Perkasa v European Commission.#Subsidies – Imports of biodiesel originating in Indonesia – Implementing Regulation (EU) 2019/2092 – Definitive countervailing duty – Article 8(1) and (2) of Regulation (EU) 2016/1037 – Price undercutting – Price pressure – Article 8(5) of Regulation 2016/1037 – Causal link – Article 3(2) and Article 6(d) of Regulation 2016/1037 – Benefit – Article 3(1)(a)(i) and (2) of Regulation 2016/1037 – Direct transfer of funds – Article 7 of Regulation 2016/1037 – Calculation of the amount of the benefit – Article 8(1) and (8) of Regulation 2016/1037 – Threat of material injury – Rights of the defence.#Case T-138/20.

European Union · Court of Justice of the European Union · 14 December 2022

Record· TJCELEX 62020TJ0143decided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 14 December 2022.#PT Pelita Agung Agrindustri and PT Permata Hijau Palm Oleo v European Commission.#Subsidies – Imports of biodiesel originating in Indonesia – Implementing Regulation (EU) 2019/2092 – Definitive countervailing duty – Article 8(1) and (2) of Regulation (EU) 2016/1037 – Price undercutting – Price pressure – Article 8(5) of Regulation 2016/1037 – Causal link – Article 3(1)(a)(iv) and (2) of Regulation 2016/1037 – Action consisting in ‘entrusting’ or ‘directing’ a private body to carry out a function constituting a financial contribution – Less than adequate remuneration – Income or price support – Article 3(2) and Article 6(d) of Regulation 2016/1037 – Benefit – Article 3(1)(a)(i) and (2) of Regulation 2016/1037 – Direct transfer of funds – Article 7 of Regulation 2016/1037 – Calculation of the amount of the benefit – Article 8(1) and (8) of Regulation 2016/1037 – Threat of material injury – Rights of the defence.#Case T-143/20.

European Union · Court of Justice of the European Union · 14 December 2022

Record· TJCELEX 62021TJ0182_INFdecided

Judgment of the General Court (Fourth Chamber) of 14 December 2022.#Kurdistan Workers' Party (PKK) v Council of the European Union.#Common foreign and security policy – Restrictive measures imposed on the PKK with a view to combating terrorism – Freezing of funds – Common Position 2001/931/CFSP – Regulation (EC) No 2580/2001 – Applicability to situations of armed conflict – Terrorist group – Factual basis of the decisions to freeze funds – Decision taken by a competent authority – Authority of a third State – Review – Obligation to state reasons – Proportionality – Rights of the defence – Right to effective judicial protection.#Case T-182/21.

European Union · Court of Justice of the European Union · 14 December 2022

Record· CJCELEX 62021CJ0180_SUMdecided

Judgment of the Court (Fifth Chamber) of 8 December 2022.#VS v Inspektor v Inspektorata kam Visshia sadeben savet.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Articles 2, 4 and 6 – Applicability of Regulation 2016/679 – Concept of ‘legitimate interest’ – Concept of ‘task carried out in the public interest or in the exercise of official authority’ – Directive (EU) 2016/680 – Articles 1, 3, 4, 6 and 9 – Lawfulness of the processing of personal data collected in the course of a criminal investigation – Subsequent processing of data relating to a presumed victim of a criminal offence for the purpose of making a formal accusation in respect of him or her – Concept of purpose ‘other than that for which the personal data are collected’ – Data used by the public prosecutor’s office of a Member State for the purposes of its defence in an action for damages against the State.#Case C-180/21.

European Union · Court of Justice of the European Union · 8 December 2022

Record· CJCELEX 62021CJ0348_SUMdecided

Judgment of the Court (Third Chamber) of 8 December 2022.#Criminal proceedings against HYA and Others.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – 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 8(1) – Right of an accused person to be present at the trial – Second paragraph of Article 47 and Article 48(2) of the Charter of Fundamental Rights of the European Union – Right to a fair trial and rights of the defence – Examination of witnesses for the prosecution in the absence of the accused person and his or her lawyer at the pre-trial stage of the criminal proceedings – Impossibility of examining witnesses for the prosecution during the judicial stage of those proceedings – National legislation allowing a criminal court to base its decision on the prior testimony of those witnesses.#Case C-348/21.

European Union · Court of Justice of the European Union · 8 December 2022

Record· CJCELEX 62021CJ0348decided

Judgment of the Court (Third Chamber) of 8 December 2022.#Criminal proceedings against HYA and Others.#Request for a preliminary ruling from the Spetsializiran nakazatelen sad.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – 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 8(1) – Right of an accused person to be present at the trial – Second paragraph of Article 47 and Article 48(2) of the Charter of Fundamental Rights of the European Union – Right to a fair trial and rights of the defence – Examination of witnesses for the prosecution in the absence of the accused person and his or her lawyer at the pre-trial stage of the criminal proceedings – Impossibility of examining witnesses for the prosecution during the judicial stage of those proceedings – National legislation allowing a criminal court to base its decision on the prior testimony of those witnesses.#Case C-348/21.

European Union · Court of Justice of the European Union · 8 December 2022

Record· CJCELEX 62021CJ0180decided

Judgment of the Court (Fifth Chamber) of 8 December 2022.#VS v Inspektor v Inspektorata kam Visshia sadeben savet.#Request for a preliminary ruling from the Administrativen sad - Blagoevgrad.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Articles 2, 4 and 6 – Applicability of Regulation 2016/679 – Concept of ‘legitimate interest’ – Concept of ‘task carried out in the public interest or in the exercise of official authority’ – Directive (EU) 2016/680 – Articles 1, 3, 4, 6 and 9 – Lawfulness of the processing of personal data collected in the course of a criminal investigation – Subsequent processing of data relating to a presumed victim of a criminal offence for the purpose of making a formal accusation in respect of him or her – Concept of purpose ‘other than that for which the personal data are collected’ – Data used by the public prosecutor’s office of a Member State for the purposes of its defence in an action for damages against the State.#Case C-180/21.

European Union · Court of Justice of the European Union · 8 December 2022

Record· TJCELEX 62019TJ0301_RESdecided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 7 December 2022.#PNB Banka AS v European Central Bank.#Economic and monetary policy – Prudential supervision of credit institutions – Article 6(5)(b) of Regulation (EU) No 1024/2013 – Need for the ECB’s direct supervision of a less significant credit institution – Request by the national competent authority – Article 68(5) of Regulation (EU) No 468/2014 – ECB decision classifying PNB Banka as a significant entity subject to its direct prudential supervision – Obligation to state reasons – Proportionality – Rights of the defence – Access to the administrative file – Report laid down in Article 68(3) of Regulation No 468/2014 – Article 106 of the Rules of Procedure – Request for a hearing lacking a statement of reasons.#Case T-301/19.

European Union · Court of Justice of the European Union · 7 December 2022

Record· TJCELEX 62019TJ0301decided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 7 December 2022.#PNB Banka AS v European Central Bank.#Economic and monetary policy – Prudential supervision of credit institutions – Article 6(5)(b) of Regulation (EU) No 1024/2013 – Need for the ECB’s direct supervision of a less significant credit institution – Request by the national competent authority – Article 68(5) of Regulation (EU) No 468/2014 – ECB decision classifying PNB Banka as a significant entity subject to its direct prudential supervision – Obligation to state reasons – Proportionality – Rights of the defence – Access to the administrative file – Report laid down in Article 68(3) of Regulation No 468/2014 – Article 106 of the Rules of Procedure – Request for a hearing lacking a statement of reasons.#Case T-301/19.

European Union · Court of Justice of the European Union · 7 December 2022

Record· TJCELEX 62014TJ0316(01)_RESdecided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 November 2022.#Kurdistan Workers' Party (PKK) v Council of the European Union.#Common foreign and security policy – Restrictive measures against the PKK with a view to combating terrorism – Freezing of funds – Common Position 2001/931/CFSP – Applicability to situations of armed conflict – Terrorist group – Factual basis of the fund-freezing decisions – Decision taken by a competent authority – Authority of a third State – Review – Proportionality – Obligation to state reasons – Rights of the defence – Right to effective judicial protection – Modification of the application.#Joined Cases T-316/14 RENV and T-148/19.

European Union · Court of Justice of the European Union · 30 November 2022

Record· TJCELEX 62016TJ0698_INFdecided

Judgment of the General Court (Ninth Chamber) of 30 November 2022.#Trasta Komercbanka AS and Others v European Central Bank.#Economic and monetary policy – Prudential supervision of credit institutions – Specific supervisory tasks assigned to the ECB – Decision to withdraw a credit institution’s authorisation – Death of an applicant – No need to adjudicate in part – Powers of the national authorities of participating Member States and of the ECB under the Single Supervisory Mechanism – Equal treatment – Proportionality – Legitimate expectations – Legal certainty – Misuse of powers – Rights of the defence – Obligation to state reasons.#Case T-698/16.

European Union · Court of Justice of the European Union · 30 November 2022

Record· TJCELEX 62016TJ0698decided

Judgment of the General Court (Ninth Chamber) of 30 November 2022.#Trasta Komercbanka AS and Others v European Central Bank.#Economic and monetary policy – Prudential supervision of credit institutions – Specific supervisory tasks assigned to the ECB – Decision to withdraw a credit institution’s authorisation – Death of an applicant – No need to adjudicate in part – Powers of the national authorities of participating Member States and of the ECB under the Single Supervisory Mechanism – Equal treatment – Proportionality – Legitimate expectations – Legal certainty – Misuse of powers – Rights of the defence – Obligation to state reasons.#Case T-698/16.

European Union · Court of Justice of the European Union · 30 November 2022

Record· TJCELEX 62014TJ0316(01)decided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 November 2022.#Kurdistan Workers' Party (PKK) v Council of the European Union.#Common foreign and security policy – Restrictive measures against the PKK with a view to combating terrorism – Freezing of funds – Common Position 2001/931/CFSP – Applicability to situations of armed conflict – Terrorist group – Factual basis of the fund-freezing decisions – Decision taken by a competent authority – Authority of a third State – Review – Proportionality – Obligation to state reasons – Rights of the defence – Right to effective judicial protection – Modification of the application.#Joined Cases T-316/14 RENV and T-148/19.

European Union · Court of Justice of the European Union · 30 November 2022

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