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Records

Record· TJCELEX 62019TJ0609decided

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 62020TJ0296decided

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

Report· XGCELEX 52022XG0513(01)open

The following information is brought to the attention of – ABDOLLAHI Hamed, AL-NASSER Abdelkarim Hussein Mohamed, AL-YACOUB Ibrahim Salih Mohammed, ARBABSIAR Manssor, BOUYERI Mohammed, EL HAJJ Hassan Hassan, IZZ-AL-DIN Hasan, MELIAD Farah, MOHAMMED Khalid Sheikh, SHAHLAI Abdul Reza, SHAKURI Ali Gholam, COMMUNIST PARTY OF THE PHILIPPINES, including New People’s Army (NPA), Hizballah Military Wing, Hizbul Mujahideen – HM, Ejército de Liberación Nacional (‘National Liberation Army’), Popular Front for the Liberation of Palestine – PFLP, Popular Front for the Liberation of Palestine – General Command, Devrimci Halk Kurtuluș Partisi-Cephesi – DHKP/C, Sendero Luminoso – SL, and Teyrbazen Azadiya Kurdistan – TAK persons and groups included on the list of persons, groups and entities subject to Articles 2, 3 and 4 of Council Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and to Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (see Annexes to Council Decision (CFSP) 2022/152 and Council Implementing Regulation (EU) 2022/147) 2022/C 195/03

European Union · Council of the European Union · 13 May 2022

Record· TJCELEX 62016TJ0913_RESdecided

Judgment of the General Court (Second Chamber, Extended Composition) of 11 May 2022.#Finanziaria d'investimento Fininvest SpA (Fininvest) and Silvio Berlusconi v European Central Bank.#Economic and monetary policy – Prudential supervision of credit institutions – Specific supervisory tasks assigned to the ECB – Assessment of acquisitions of qualifying holdings – Opposition to the acquisition of a qualifying holding – Non-retroactivity – Res judicata – Application of national transposing measures – Rights of the defence – Right of access to the file – Right to be heard – New plea – Primacy of EU law – Right to effective judicial protection.#Case T-913/16.

European Union · Court of Justice of the European Union · 11 May 2022

Record· TJCELEX 62019TJ0030_RESdecided

Judgment of the General Court (Tenth Chamber, Extended Composition) of 4 May 2022 (Extracts).#China Rubber Industry Association (CRIA) and China Chamber of Commerce of Metals, Minerals & Chemicals Importers & Exporters (CCCMC) v European Commission.#Dumping – Subsidies – Imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in China – Definitive anti-dumping duty – Definitive countervailing duty – Action for annulment – Locus standi – Direct concern – Individual concern – Regulatory act which does not entail implementing measures – Interest in bringing proceedings – Injury to the EU industry – Objective examination – Causal link – Calculation of the price undercutting and the injury margin – Fair comparison of prices – Constructed import prices – Prices charged to first independent buyers – Difference in the level of trade – Complex economic assessments – Intensity of judicial review – Injury indicators – Weighting of the data – Access to non-confidential investigation data – Rights of the defence.#Case T-30/19 and T-72/19.

European Union · Court of Justice of the European Union · 4 May 2022

Record· TJCELEX 62019TJ0030decided

Judgment of the General Court (Tenth Chamber, Extended Composition) of 4 May 2022 (Extracts).#China Rubber Industry Association (CRIA) and China Chamber of Commerce of Metals, Minerals & Chemicals Importers & Exporters (CCCMC) v European Commission.#Dumping – Subsidies – Imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in China – Definitive anti-dumping duty – Definitive countervailing duty – Action for annulment – Locus standi – Direct concern – Individual concern – Regulatory act which does not entail implementing measures – Interest in bringing proceedings – Injury to the EU industry – Objective examination – Causal link – Calculation of the price undercutting and the injury margin – Fair comparison of prices – Constructed import prices – Prices charged to first independent buyers – Difference in the level of trade – Complex economic assessments – Intensity of judicial review – Injury indicators – Weighting of the data – Access to non-confidential investigation data – Rights of the defence.#Case T-30/19 and T-72/19.

European Union · Court of Justice of the European Union · 4 May 2022

Record· TJCELEX 62018TJ0335decided

Judgment of the General Court (Ninth Chamber) of 6 April 2022.#Gamal Mohamed Hosni Elsayed Mubarak and Others v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted in view of the situation in Egypt – Measures directed against persons responsible for misappropriation of State funds and associated persons and entities – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds – Maintenance of the applicants’ names on the list – Rights of the defence – Obligation on the Council of the European Union 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 – Error of law – Manifest error of assessment.#Cases T-335/18, T-338/18 and T-327/19.

European Union · Court of Justice of the European Union · 6 April 2022

Record· TJCELEX 62019TJ0634decided

Judgment of the General Court (Seventh Chamber) of 6 April 2022.#FC v European Union Agency for Asylum.#Civil service – Members of the temporary staff – Pre-disciplinary proceedings – Suspension, withholding of remuneration and prohibition on access to EUAA’s premises and facilities – OLAF Report – Principle of sound administration – Right to be heard – Principle of impartiality – Manifest error of assessment – Obligation to state reasons – Rights of the defence – Liability – Close link with the claim for annulment.#Case T-634/19.

European Union · Court of Justice of the European Union · 6 April 2022

Record· TJCELEX 62018TJ0335_INFdecided

Judgment of the General Court (Ninth Chamber) of 6 April 2022.#Gamal Mohamed Hosni Elsayed Mubarak and Others v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted in view of the situation in Egypt – Measures directed against persons responsible for misappropriation of State funds and associated persons and entities – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds – Maintenance of the applicants’ names on the list – Rights of the defence – Obligation on the Council of the European Union 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 – Error of law – Manifest error of assessment.#Cases T-335/18, T-338/18 and T-327/19.

European Union · Court of Justice of the European Union · 6 April 2022

Record· TJCELEX 62019TJ0634_INFdecided

Judgment of the General Court (Seventh Chamber) of 6 April 2022.#FC v European Union Agency for Asylum.#Civil service – Members of the temporary staff – Pre-disciplinary proceedings – Suspension, withholding of remuneration and prohibition on access to EUAA’s premises and facilities – OLAF Report – Principle of sound administration – Right to be heard – Principle of impartiality – Manifest error of assessment – Obligation to state reasons – Rights of the defence – Liability – Close link with the claim for annulment.#Case T-634/19.

European Union · Court of Justice of the European Union · 6 April 2022

Record· TJCELEX 62017TJ0340_RESdecided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022.#Japan Airlines Co. Ltd v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Article 266 TFEU – Limitation period – Rights of the defence – Non-discrimination – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Additional amount – Mitigating circumstances – Encouragement of the anticompetitive conduct by public authorities – Substantially limited involvement – Proportionality – Unlimited jurisdiction.#Case T-340/17.

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

Record· TJCELEX 62017TJ0324_RESdecided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022.#SAS Cargo Group A/S and Others v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Rights of the defence – Equality of arms – Article 266 TFEU – State coercion – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Duration of participation in the infringement – Mitigating circumstances – Substantially limited involvement – Aggravating circumstances – Repeated infringement – Unlimited jurisdiction.#Case T-324/17.

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

Record· TJCELEX 62017TJ0334_INFdecided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022.#Cargolux Airlines International SA v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Rights of the defence – Failure to send a new statement of objections – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Duration of participation in the infringement – Additional amount – Mitigating circumstances – Encouragement of the anticompetitive conduct by public authorities – Follow‑my‑leader role – Proportionality – Unlimited jurisdiction.#Case T-334/17.

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

Record· TJCELEX 62017TJ0326_INFdecided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022.#Air Canada v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Rights of the defence – Failure to send a new statement of objections – Single and continuous infringement – Withdrawal of the leniency application – Unlimited jurisdiction.#Case T-326/17.

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

Record· TJCELEX 62020TJ0291_INFdecided

Judgment of the General Court (Fifth Chamber) of 30 March 2022.#Viktor Fedorovych Yanukovych v Council of the European Union.#Common foreign and security policy – Restrictive measures taken having regard to 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-291/20.

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

Record· TJCELEX 62020TJ0292_INFdecided

Judgment of the General Court (Fifth Chamber) of 30 March 2022.#Oleksandr Viktorovych Yanukovych v Council of the European Union.#Common foreign and security policy – Restrictive measures taken having regard to 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-292/20.

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

Record· TJCELEX 62020TJ0291decided

Judgment of the General Court (Fifth Chamber) of 30 March 2022.#Viktor Fedorovych Yanukovych v Council of the European Union.#Common foreign and security policy – Restrictive measures taken having regard to 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-291/20.

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

Record· TJCELEX 62017TJ0326decided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022.#Air Canada v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Rights of the defence – Failure to send a new statement of objections – Single and continuous infringement – Withdrawal of the leniency application – Unlimited jurisdiction.#Case T-326/17.

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

Record· TJCELEX 62017TJ0334decided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022.#Cargolux Airlines International SA v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Rights of the defence – Failure to send a new statement of objections – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Duration of participation in the infringement – Additional amount – Mitigating circumstances – Encouragement of the anticompetitive conduct by public authorities – Follow-my-leader role – Proportionality – Unlimited jurisdiction.#Case T-334/17.

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

Record· TJCELEX 62017TJ0344decided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022.#Latam Airlines Group SA and Lan Cargo SA v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Limitation period – Ne bis in idem principle – Principle of non-discrimination – Rights of the defence – State constraint – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Mitigating circumstances – Substantially limited participation – Proportionality – Unlimited jurisdiction.#Case T-344/17.

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

Record· TJCELEX 62017TJ0340decided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022.#Japan Airlines Co. Ltd v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Article 266 TFEU – Limitation period – Rights of the defence – Non-discrimination – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Additional amount – Mitigating circumstances – Encouragement of the anticompetitive conduct by public authorities – Substantially limited involvement – Proportionality – Unlimited jurisdiction.#Case T-340/17.

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

Record· TJCELEX 62020TJ0292decided

Judgment of the General Court (Fifth Chamber) of 30 March 2022.#Oleksandr Viktorovych Yanukovych v Council of the European Union.#Common foreign and security policy – Restrictive measures taken having regard to 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-292/20.

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

Record· TJCELEX 62017TJ0343decided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022.#Cathay Pacific Airways Ltd v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Rights of the defence – Limitation period – State constraint – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Mitigating circumstances – Encouragement of anticompetitive behaviour by public authorities – Substantially reduced participation – Proportionality – Unlimited jurisdiction.#Case T-343/17.

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

Record· TJCELEX 62017TJ0344_INFdecided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022.#Latam Airlines Group SA and Lan Cargo SA v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Limitation period – Ne bis in idem principle – Principle of non-discrimination – Rights of the defence – State constraint – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Mitigating circumstances – Substantially limited participation – Proportionality – Unlimited jurisdiction.#Case T-344/17.

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

Record· TJCELEX 62017TJ0343_INFdecided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022.#Cathay Pacific Airways Ltd v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Rights of the defence – Limitation period – State constraint – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Mitigating circumstances – Encouragement of anticompetitive behaviour by public authorities – Substantially reduced participation – Proportionality – Unlimited jurisdiction.#Case T-343/17.

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

Record· TJCELEX 62017TJ0324decided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 March 2022.#SAS Cargo Group A/S and Others v European Commission.#Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) – Exchange of information – Territorial jurisdiction of the Commission – Rights of the defence – Equality of arms – Article 266 TFEU – State coercion – Single and continuous infringement – Amount of the fine – Value of sales – Gravity of the infringement – Duration of participation in the infringement – Mitigating circumstances – Substantially limited involvement – Aggravating circumstances – Repeated infringement – Unlimited jurisdiction.#Case T-324/17.

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

Record· TJCELEX 62020TJ0661_RESdecided

Judgment of the General Court (Fourth Chamber) of 23 March 2022 (Extracts).#NV v European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice.#Civil service – Members of the temporary staff – Staff of eu-LISA – Disciplinary proceedings – Disciplinary penalty – Reprimand – Implementing provisions concerning administrative inquiries – Plea of illegality – Article 110 of the Staff Regulations – Failure to consult the Staff Committee – Rights of the defence and right to be heard – Articles 12, 12a, 17 and 19 of the Staff Regulations – Error of assessment – Principle of good administration – Article 10 of Annex IX to the Staff Regulations – Duty to have regard for the welfare of officials – Liability – Non-material damage.#Case T-661/20.

European Union · Court of Justice of the European Union · 23 March 2022

Record· TJCELEX 62020TJ0661decided

Judgment of the General Court (Fourth Chamber) of 23 March 2022 (Extracts).#NV v European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice.#Civil service – Members of the temporary staff – Staff of eu-LISA – Disciplinary proceedings – Disciplinary penalty – Reprimand – Implementing provisions concerning administrative inquiries – Plea of illegality – Article 110 of the Staff Regulations – Failure to consult the Staff Committee – Rights of the defence and right to be heard – Articles 12, 12a, 17 and 19 of the Staff Regulations – Error of assessment – Principle of good administration – Article 10 of Annex IX to the Staff Regulations – Duty to have regard for the welfare of officials – Liability – Non-material damage.#Case T-661/20.

European Union · Court of Justice of the European Union · 23 March 2022

Report· CCCELEX 62020CC0391decided

Opinion of Advocate General Emiliou delivered on 8 March 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 · 8 March 2022

Record· TJCELEX 62017TJ0834_RESdecided

Judgment of the General Court (Seventh Chamber, Extended Composition) of 23 February 2022.#United Parcel Service, Inc. v European Commission.#Non-contractual liability – Competition – Markets for international express small package delivery services in the EEA – Concentration – Decision declaring the concentration incompatible with the internal market – Annulment of the decision by a judgment of the Court – Rights of the defence – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Causal link.#Case T-834/17.

European Union · Court of Justice of the European Union · 23 February 2022

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