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Records

Record· CJCELEX 62020CJ0391decided

Judgment of the Court (Grand Chamber) of 7 September 2022.#Proceedings brought by Boriss Cilevičs and Others.#Request for a preliminary ruling from the Satversmes tiesa.#Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Restriction – Justification – The organisation of education systems – Institutions of higher education – Obligation to provide courses of study in the official language of the Member State concerned – Article 4(2) TEU – National identity of a Member State – Defence and promotion of the official language of a Member State – Principle of proportionality.#Case C-391/20.

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

Record· TJCELEX 62022TJ0125_RESdecided

Judgment of the General Court (Grand Chamber) of 27 July 2022.#RT France v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine – Temporary prohibition on broadcasting and suspension of authorisations for the broadcasting of content by certain media outlets – Inclusion on the list of entities to which restrictive measures apply – Competence of the Council – Rights of the defence – Right to be heard – Freedom of expression and of information – Proportionality – Freedom to conduct a business – Principle of non-discrimination on grounds of nationality.#Case T-125/22.

European Union · Court of Justice of the European Union · 27 July 2022

Record· TJCELEX 62022TJ0125decided

Judgment of the General Court (Grand Chamber) of 27 July 2022.#RT France v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine – Temporary prohibition on broadcasting and suspension of authorisations for the broadcasting of content by certain media outlets – Inclusion on the list of entities to which restrictive measures apply – Competence of the Council – Rights of the defence – Right to be heard – Freedom of expression and of information – Proportionality – Freedom to conduct a business – Principle of non-discrimination on grounds of nationality.#Case T-125/22.

European Union · Court of Justice of the European Union · 27 July 2022

Record· CJCELEX 62021CJ0213_SUMdecided

Judgment of the Court (Eighth Chamber) of 7 July 2022.#Italy Emergenza Cooperativa Sociale v Azienda Sanitaria Locale Barletta-Andria-Trani and Azienda Sanitaria Provinciale di Cosenza.#Reference for a preliminary ruling – Public procurement – Directive 2014/24/EU – Scope – Article 10(h) – Specific exclusions for service contracts – Civil defence, civil protection and danger prevention services – Non-profit organisations or associations – Ambulance service classified as an emergency service – Voluntary organisations – Social cooperatives.#Joined Cases C-213/21 and C-214/21.

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

Record· CJCELEX 62021CJ0213decided

Judgment of the Court (Eighth Chamber) of 7 July 2022.#Italy Emergenza Cooperativa Sociale v Azienda Sanitaria Locale Barletta-Andria-Trani and Azienda Sanitaria Provinciale di Cosenza.#Requests for a preliminary ruling from the Consiglio di Stato.#Reference for a preliminary ruling – Public procurement – Directive 2014/24/EU – Scope – Article 10(h) – Specific exclusions for service contracts – Civil defence, civil protection and danger prevention services – Non-profit organisations or associations – Ambulance service classified as an emergency service – Voluntary organisations – Social cooperatives.#Joined Cases C-213/21 and C-214/21.

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

Report· CCCELEX 62021CC0348decided

Opinion of Advocate General Collins delivered on 7 July 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 · 7 July 2022

Record· TJCELEX 62019TJ0797_RESdecided

Judgment of the General Court (Ninth Chamber, Extended Composition) of 22 June 2022.#Anglo Austrian AAB AG, formerly Anglo Austrian AAB Bank AG and Belegging-Maatschappij 'Far-East' BV 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 – Serious breach of the national provisions transposing Directive 2005/60/EC – Proportionality – Infringement of the national legislation on the governance of credit institutions – Rights of the defence – Manifest error of assessment – Right to effective judicial protection.#Case T-797/19.

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

Record· TJCELEX 62020TJ0502_INFdecided

Judgment of the General Court (Ninth Chamber) of 22 June 2022.#Munich, SL v European Union Intellectual Property Office.#EU trade mark – Invalidity proceedings – EU word mark MUNICH10A.T.M. – Earlier EU and national figurative marks MUNICH – Relative grounds for refusal – Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 60(1)(a) of Regulation (EU) 2017/1001) – No likelihood of confusion – No similarity of the goods and services – No aesthetic complementarity – Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001) – No damage to reputation – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Rights of the defence.#Case T-502/20.

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

Record· TJCELEX 62019TJ0797decided

Judgment of the General Court (Ninth Chamber, Extended Composition) of 22 June 2022.#Anglo Austrian AAB AG, formerly Anglo Austrian AAB Bank AG and Belegging-Maatschappij 'Far-East' BV 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 – Serious breach of the national provisions transposing Directive 2005/60/EC – Proportionality – Infringement of the national legislation on the governance of credit institutions – Rights of the defence – Manifest error of assessment – Right to effective judicial protection.#Case T-797/19.

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

Record· TJCELEX 62020TJ0502decided

Judgment of the General Court (Ninth Chamber) of 22 June 2022.#Munich, SL v European Union Intellectual Property Office.#EU trade mark – Invalidity proceedings – EU word mark MUNICH10A.T.M. – Earlier EU and national figurative marks MUNICH – Relative grounds for refusal – Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 60(1)(a) of Regulation (EU) 2017/1001) – No likelihood of confusion – No similarity of the goods and services – No aesthetic complementarity – Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001) – No damage to reputation – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Rights of the defence.#Case T-502/20.

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

Record· TJCELEX 62018TJ0235_RESdecided

Judgment of the General Court (Sixth Chamber, Extended Composition) of 15 June 2022.#Qualcomm, Inc. v European Commission.#Competition – Abuse of a dominant position – LTE chipsets market – Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement – Exclusivity payments – Rights of the defence – Article 19 and Article 27(1) of Regulation (EC) No 1/2003 – Foreclosure effects.#Case T-235/18.

European Union · Court of Justice of the European Union · 15 June 2022

Record· TJCELEX 62018TJ0235decided

Judgment of the General Court (Sixth Chamber, Extended Composition) of 15 June 2022.#Qualcomm, Inc. v European Commission.#Competition – Abuse of a dominant position – LTE chipsets market – Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement – Exclusivity payments – Rights of the defence – Article 19 and Article 27(1) of Regulation (EC) No 1/2003 – Foreclosure effects.#Case T-235/18.

European Union · Court of Justice of the European Union · 15 June 2022

Report· CCCELEX 62021CC0203decided

Opinion of Advocate General Pikamäe delivered on 9 June 2022.#Criminal proceedings against DELTA STROY 2003.#Request for a preliminary ruling from the Okrazhen sad - Burgas.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2005/212/JHA – Applicability – Imposition of a financial penalty on a legal person for non-payment of tax debts – Concept of ‘confiscation’ – Articles 48, 49 and 52 of the Charter of Fundamental Rights of the European Union – Penalties of a criminal nature – Principles of the presumption of innocence and the legality and proportionality of criminal offences and penalties – Rights of the defence – Imposition of a criminal penalty on a legal person for an offence committed by the representative of that legal person – Parallel criminal proceedings against that representative that have not been concluded – Proportionality.#Case C-203/21.

European Union · Court of Justice of the European Union · 9 June 2022

Record· TJCELEX 62020TJ0144_INFdecided

Judgment of the General Court (Ninth Chamber) of 8 June 2022.#Guangxi Xin Fu Yuan Co. Ltd v European Commission.#Dumping – Imports of ceramic tableware and kitchenware originating in China – Review investigation – Circumvention – Article 13 of Regulation (EU) 2016/1036 – Related companies – Procedural obligations – Article 5(10) and (11) of Regulation 2016/1036 – Articles 6.1, 6.2 and 12.1 of the Anti-Dumping Agreement – Rights of the defence – Equal treatment – Legitimate expectations – Manifest error of assessment.#Case T-144/20.

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

Record· TJCELEX 62020TJ0144decided

Judgment of the General Court (Ninth Chamber) of 8 June 2022.#Guangxi Xin Fu Yuan Co. Ltd v European Commission.#Dumping – Imports of ceramic tableware and kitchenware originating in China – Review investigation – Circumvention – Article 13 of Regulation (EU) 2016/1036 – Related companies – Procedural obligations – Article 5(10) and (11) of Regulation 2016/1036 – Articles 6.1, 6.2 and 12.1 of the Anti-Dumping Agreement – Rights of the defence – Equal treatment – Legitimate expectations – Manifest error of assessment.#Case T-144/20.

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

Record· TJCELEX 62020TJ0632decided

Judgment of the General Court (First Chamber) of 1 June 2022.#OG v European Defence Agency.#Civil service – Members of the temporary staff – EDA staff – Vacancy notice – Head of Unit post – Rejection of application – Obligation to state reasons – Equal treatment – Transparency – Objectivity – Principle of sound administration – Infringement of the vacancy notice – Manifest error of assessment – Liability – Non-material harm.#Case T-632/20.

European Union · Court of Justice of the European Union · 1 June 2022

Record· TJCELEX 62020TJ0723decided

Judgment of the General Court (Fifth Chamber) of 1 June 2022.#Yevgeniy Viktorovich Prigozhin v Council of the European Union.#Common foreign and security policy – Restrictive measures taken in view of the situation in Libya – Freezing of funds – List of persons and entities subject to the freezing of funds and economic resources – Restrictions on entry into and transit through the territory of the European Union – List of persons subject to restrictions on entry into and transit through the territory of the European Union – Initial inclusion and maintenance of the applicant’s name on the lists of persons concerned – Obligation to state reasons – Errors of assessment – Rights of the defence – Proportionality – Foreseeability of acts of the European Union.#Case T-723/20.

European Union · Court of Justice of the European Union · 1 June 2022

Record· TJCELEX 62020TJ0754decided

Judgment of the General Court (Fourth Chamber) of 1 June 2022.#Adrian Sorin Cristescu v European Commission.#Civil service – Officials – Disciplinary proceedings – Acts contrary to the dignity of the office – Preliminary assessment – Administrative investigation – Mandate entrusted to IDOC – Data protection – Principle of impartiality – Principle of sound administration – Disciplinary procedure – Rights of the defence – Disciplinary penalty of reprimand – Procedural irregularity – Reasonable time – Extenuating circumstances.#Case T-754/20.

European Union · Court of Justice of the European Union · 1 June 2022

Record· TJCELEX 62020TJ0723_INFdecided

Judgment of the General Court (Fifth Chamber) of 1 June 2022.#Yevgeniy Viktorovich Prigozhin v Council of the European Union.#Common foreign and security policy – Restrictive measures taken in view of the situation in Libya – Freezing of funds – List of persons and entities subject to the freezing of funds and economic resources – Restrictions on entry into and transit through the territory of the European Union – List of persons subject to restrictions on entry into and transit through the territory of the European Union – Initial inclusion and maintenance of the applicant’s name on the lists of persons concerned – Obligation to state reasons – Errors of assessment – Rights of the defence – Proportionality – Foreseeability of acts of the European Union.#Case T-723/20.

European Union · Court of Justice of the European Union · 1 June 2022

Record· TJCELEX 62020TJ0754_INFdecided

Judgment of the General Court (Fourth Chamber) of 1 June 2022.#Adrian Sorin Cristescu v European Commission.#Civil service – Officials – Disciplinary proceedings – Acts contrary to the dignity of the office – Preliminary assessment – Administrative investigation – Mandate entrusted to IDOC – Data protection – Principle of impartiality – Principle of sound administration – Disciplinary procedure – Rights of the defence – Disciplinary penalty of reprimand – Procedural irregularity – Reasonable time – Extenuating circumstances.#Case T-754/20.

European Union · Court of Justice of the European Union · 1 June 2022

Record· TJCELEX 62020TJ0632_INFdecided

Judgment of the General Court (First Chamber) of 1 June 2022.#OG v European Defence Agency.#Civil service – Members of the temporary staff – EDA staff – Vacancy notice – Head of Unit post – Rejection of application – Obligation to state reasons – Equal treatment – Transparency – Objectivity – Principle of sound administration – Infringement of the vacancy notice – Manifest error of assessment – Liability – Non-material harm.#Case T-632/20.

European Union · Court of Justice of the European Union · 1 June 2022

Record· COCELEX 62021CO0764_INFdecided

Order of the Court (Tenth Chamber) of 19 May 2022.#TUIfly GmbH v European Commission.#Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Access to documents – Documents relating to a procedure for reviewing State aid – Regulation (EC) No 1049/2001 – Article 4(2), in fine – Exceptions to the right of access – Overriding public interest – Concept – Principle of sound administration – Article 41(2)(b) of the Charter of Fundamental Rights of the European Union – Rights of the defence – Specific aims of the procedure for reviewing State aid – Refusal to grant access – Appeal in part manifestly inadmissible and in part manifestly unfounded.#Case C-764/21 P.

European Union · Court of Justice of the European Union · 19 May 2022

Record· COCELEX 62021CO0764decided

Order of the Court (Tenth Chamber) of 19 May 2022.#TUIfly GmbH v European Commission.#Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Access to documents – Documents relating to a procedure for reviewing State aid – Regulation (EC) No 1049/2001 – Article 4(2), in fine – Exceptions to the right of access – Overriding public interest – Concept – Principle of sound administration – Article 41(2)(b) of the Charter of Fundamental Rights of the European Union – Rights of the defence – Specific aims of the procedure for reviewing State aid – Refusal to grant access – Appeal in part manifestly inadmissible and in part manifestly unfounded.#Case C-764/21 P.

European Union · Court of Justice of the European Union · 19 May 2022

Report· CCCELEX 62021CC0180decided

Opinion of Advocate General Campos Sánchez-Bordona delivered on 19 May 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 · 19 May 2022

Record· TJCELEX 62019TJ0245_RESdecided

Judgment of the General Court (First Chamber) of 18 May 2022.#Uzina Metalurgica Moldoveneasca OAO v European Commission.#Safeguard measures – Market for steel products – Implementing Regulation (EU) 2019/159 – Action for annulment – Interest in bringing proceedings – Standing to bring proceedings – Admissibility – Equal treatment – Legitimate expectations – Principle of sound administration – Duty of care – Threat of serious injury – Manifest error of assessment – Initiation of a safeguard investigation – Competence of the Commission – Rights of the defence.#Case T-245/19.

European Union · Court of Justice of the European Union · 18 May 2022

Record· TJCELEX 62020TJ0296_RESdecided

Judgment of the General Court (Fourth Chamber) of 18 May 2022 (Extracts).#Amer Foz v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Error of assessment – Proportionality – Right to property – Right to pursue an economic activity – Misuse of powers – Obligation to state reasons – Rights of the defence – Right to a fair trial – Determination of listing criteria.#Case T-296/20.

European Union · Court of Justice of the European Union · 18 May 2022

Record· TJCELEX 62019TJ0609_RESdecided

Judgment of the General Court (Sixth Chamber) of 18 May 2022 (Extracts).#Canon Inc. v European Commission.#Competition – Concentrations – Manufacturing of medical instruments – Decision imposing fines for implementing a concentration prior to notification and clearance – Article 4(1), Article 7(1) and Article 14 of Regulation (EC) No 139/2004 – Interim transaction and ultimate transaction – Parking structure – Single concentration – Rights of the defence – Legitimate expectations – Principle of legality – Proportionality – Amount of fines – Mitigating circumstances.#Case T-609/19.

European Union · Court of Justice of the European Union · 18 May 2022

Record· TJCELEX 62019TJ0251decided

Judgment of the General Court (Second Chamber) of 18 May 2022.#Wieland-Werke AG v European Commission.#Competition – Concentrations – Market for rolled products and pre-rolled strip made of copper and copper alloys – Decision declaring the concentration incompatible with the internal market and the EEA Agreement – Commitments – Relevant market – Assessment of the horizontal and vertical effects of the transaction on competition – Manifest error of assessment – Principle of good administration – Rights of the defence.#Case T-251/19.

European Union · Court of Justice of the European Union · 18 May 2022

Record· TJCELEX 62019TJ0245decided

Judgment of the General Court (First Chamber) of 18 May 2022.#Uzina Metalurgica Moldoveneasca OAO v European Commission.#Safeguard measures – Market for steel products – Implementing Regulation (EU) 2019/159 – Action for annulment – Interest in bringing proceedings – Standing to bring proceedings – Admissibility – Equal treatment – Legitimate expectations – Principle of sound administration – Duty of care – Threat of serious injury – Manifest error of assessment – Initiation of a safeguard investigation – Competence of the Commission – Rights of the defence.#Case T-245/19.

European Union · Court of Justice of the European Union · 18 May 2022

Record· TJCELEX 62019TJ0251_INFdecided

Judgment of the General Court (Second Chamber) of 18 May 2022.#Wieland-Werke AG v European Commission.#Competition – Concentrations – Market for rolled products and pre-rolled strip made of copper and copper alloys – Decision declaring the concentration incompatible with the internal market and the EEA Agreement – Commitments – Relevant market – Assessment of the horizontal and vertical effects of the transaction on competition – Manifest error of assessment – Principle of good administration – Rights of the defence.#Case T-251/19.

European Union · Court of Justice of the European Union · 18 May 2022

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