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Records

Report· XGCELEX 52021XG1112(05)open

The following information is brought to the attention of - ABDOLLAHI Hamed, AL-NASSER Abdelkarim Hussein Mohamed, AL YACOUB Ibrahim Salih Mohammed, ARBABSIAR Manssor, ASSADI Assadollah, BOUYERI Mohammed, HASHEMI MOGHADAM Saeid, IZZ-AL-DIN Hasan, MOHAMMED Khalid Shaikh, SHAHLAI Abdul Reza, SHAKURI Ali Gholam, ABU NIDAL ORGANISATION (ANO), BABBAR KHALSA, COMMUNIST PARTY OF THE PHILIPPINES, including New People’s Army (NPA), DIRECTORATE FOR INTERNAL SECURITY OF THE IRANIAN MINISTRY FOR INTELLIGENCE AND SECURITY, HIZBALLAH MILITARY WING, EJÉRCITO DE LIBERACIÓN NACIONAL (‘National Liberation Army’), PALESTINIAN ISLAMIC JIHAD (PIJ), 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’ (‘Shining Path’), 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) 2021/1192 and Council Implementing Regulation (EU) 2021/1188) 2021/C 458/07

European Union · Council of the European Union · 12 November 2021

Record· TJCELEX 62018TJ0671_INFdecided

Judgment of the General Court (Seventh Chamber) of 20 October 2021.#ZU v European Commission.#Civil service – Officials – Transfer in the interests of the service – Article 12a of the Staff Regulations – Psychological harassment – Article 25 of the Staff Regulations – Obligation to state reasons – Rights of the defence and the right to be heard – Manifest error of assessment – Principle of sound administration and duty to have regard for the welfare of staff – Article 22a of the Staff Regulations – Misuse of powers – Article 24 of the Staff Regulations – Request for assistance – Refusal of the request – 2017 appraisal exercise – Appraisal report – 2018 promotion exercise – Proposed non-promotion – Liability.#Joined Cases T-671/18 and T-140/19.

European Union · Court of Justice of the European Union · 20 October 2021

Record· TJCELEX 62018TJ0671decided

Judgment of the General Court (Seventh Chamber) of 20 October 2021.#ZU v European Commission.#Civil service – Officials – Transfer in the interests of the service – Article 12a of the Staff Regulations – Psychological harassment – Article 25 of the Staff Regulations – Obligation to state reasons – Rights of the defence and the right to be heard – Manifest error of assessment – Principle of sound administration and duty to have regard for the welfare of staff – Article 22a of the Staff Regulations – Misuse of powers – Article 24 of the Staff Regulations – Request for assistance – Refusal of the request – 2017 appraisal exercise – Appraisal report – 2018 promotion exercise – Proposed non-promotion – Liability.#Joined Cases T-671/18 and T-140/19.

European Union · Court of Justice of the European Union · 20 October 2021

Record· CJCELEX 62019CJ0583decided

Judgment of the Court (Second Chamber) of 14 October 2021.#Belén Bernaldo de Quirós v European Commission.#Appeal – Civil service – Disciplinary procedure – Staff Regulations of Officials of the European Union – Article 3 of Annex IX – Commission Decision C(2004) 1588 laying down general implementing provisions on the conduct of administrative inquiries and disciplinary procedures – Article 4(4) – Administrative investigation – Hearing of the official concerned – Authorisation given to the Investigation and Disciplinary Office of the Commission (IDOC) to conduct that hearing – Rights of the defence – Right to be heard.#Case C-583/19 P.

European Union · Court of Justice of the European Union · 14 October 2021

Record· TJCELEX 62018TJ0351_RESdecided

Judgment of the General Court (Ninth Chamber, Extended Composition) of 6 October 2021.#Ukrselhosprom PCF LLC and Versobank AS 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 – Breach of legislation on combating money laundering and the financing of terrorism – Admissibility – Powers of the national competent authorities (NCAs) of participating Member States and of the ECB under the Single Supervisory Mechanism (SSM) – Equal treatment – Proportionality – Protection of legitimate expectations – Legal certainty – Misuse of powers – Rights of the defence – Obligation to state reasons.#Cases T-351/18 and T-584/18.

European Union · Court of Justice of the European Union · 6 October 2021

Record· TJCELEX 62019TJ0518decided

Judgment of the General Court (Fifth Chamber) of 6 October 2021.#Sipcam Oxon SpA v European Commission.#Plant protection products – Active substance chlorothalonil – Non-renewal of inclusion in the annex to Implementing Regulation (EU) No 540/2011 – Assessment procedure – Rights of the defence – Proposed classification of an active substance – Legal certainty – Proportionality – Precautionary principle.#Case T-518/19.

European Union · Court of Justice of the European Union · 6 October 2021

Record· CJCELEX 62020CJ0338decided

Judgment of the Court (First Chamber) of 6 October 2021.#D.P.#Request for a preliminary ruling from the Sąd Rejonowy dla Łodzi-Śródmieścia w Łodzi.#Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Mutual recognition – Financial penalties – Framework Decision 2005/214/JHA – Grounds for non-recognition and non-execution – Article 20(3) – Decision imposing a financial penalty – Observance of the rights of the defence – Notification of documents in a language not understood by the sentenced person – Translation of the essential elements of the decision.#Case C-338/20.

European Union · Court of Justice of the European Union · 6 October 2021

Record· TJCELEX 62018TJ0351decided

Judgment of the General Court (Ninth Chamber, Extended Composition) of 6 October 2021.#Ukrselhosprom PCF LLC and Versobank AS 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 – Breach of legislation on combating money laundering and the financing of terrorism – Admissibility – Powers of the national competent authorities (NCAs) of participating Member States and of the ECB under the Single Supervisory Mechanism (SSM) – Equal treatment – Proportionality – Protection of legitimate expectations – Legal certainty – Misuse of powers – Rights of the defence – Obligation to state reasons.#Cases T-351/18 and T-584/18.

European Union · Court of Justice of the European Union · 6 October 2021

Record· TJCELEX 62019TJ0518_INFdecided

Judgment of the General Court (Fifth Chamber) of 6 October 2021.#Sipcam Oxon SpA v European Commission.#Plant protection products – Active substance chlorothalonil – Non-renewal of inclusion in the annex to Implementing Regulation (EU) No 540/2011 – Assessment procedure – Rights of the defence – Proposed classification of an active substance – Legal certainty – Proportionality – Precautionary principle.#Case T-518/19.

European Union · Court of Justice of the European Union · 6 October 2021

Record· TJCELEX 62018TJ0363_RESdecided

Judgment of the General Court (Ninth Chamber, Extended Composition) of 29 September 2021 (Extracts).#Nippon Chemi-Con Corporation v European Commission.#Competition – Agreements, decisions and concerted practices – Market for aluminium electrolytic capacitors and tantalum electrolytic capacitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Price coordination throughout the EEA – Concerted practice – Exchanges of sensitive business information – Territorial jurisdiction of the Commission – Rights of the defence and right to be heard – Inalterability of the measure – Single and continuous infringement – Restriction of competition by object – 2006 Guidelines on the method of setting fines – Value of sales – Obligation to state reasons – Proportionality – Equal treatment – Gravity of the infringement – Mitigating circumstances – Point 37 of the 2006 Guidelines on the method of setting fines – Unlimited jurisdiction.#Case T-363/18.

European Union · Court of Justice of the European Union · 29 September 2021

Record· TJCELEX 62018TJ0363decided

Judgment of the General Court (Ninth Chamber, Extended Composition) of 29 September 2021 (Extracts).#Nippon Chemi-Con Corporation v European Commission.#Competition – Agreements, decisions and concerted practices – Market for aluminium electrolytic capacitors and tantalum electrolytic capacitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Price coordination throughout the EEA – Concerted practice – Exchanges of sensitive business information – Territorial jurisdiction of the Commission – Rights of the defence and right to be heard – Inalterability of the measure – Single and continuous infringement – Restriction of competition by object – 2006 Guidelines on the method of setting fines – Value of sales – Obligation to state reasons – Proportionality – Equal treatment – Gravity of the infringement – Mitigating circumstances – Point 37 of the 2006 Guidelines on the method of setting fines – Unlimited jurisdiction.#Case T-363/18.

European Union · Court of Justice of the European Union · 29 September 2021

Record· TJCELEX 62020TJ0203_RESdecided

Judgment of the General Court (Fourth Chamber) of 22 September 2021 (Extracts).#Maher Al-Imam v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Rights of the defence – Right to effective judicial protection – Error of assessment – Proportionality – Right to property – Damage to reputation.#Case T-203/20.

European Union · Court of Justice of the European Union · 22 September 2021

Record· TJCELEX 62016TJ0753decided

Judgment of the General Court (Tenth Chamber) of 22 September 2021.#PAO Severstal v European Commission.#Dumping – Imports of certain cold-rolled flat steel products originating in China and Russia – Definitive anti-dumping duty – Article 18 of Regulation (EC) No 1225/2009 (now Article 18 of Regulation (EU) 2016/1036) – Use of facts available – Article 2(3), (4), (9), (10) and (12) of Regulation No 1225/2009 (now Article 2(3), (4), (9), (10) and (12) of Regulation 2016/1036) – Calculation of the normal value, the export price and the dumping margin – Article 3(2) and (5) of Regulation No 1225/2009 (now Article 3(2) and (5) of Regulation 2016/1036) – Determination of the existence of injury – Article 3(7) of Regulation No 1225/2009 (now Article 3(7) of Regulation 2016/1036) – Causal link – Article 2(9) and Article 9(4) of Regulation No 1225/2009 (now Article 2(9) and Article 9(4) of Regulation 2016/1036) – Injury elimination – Rights of the defence – Principle of good administration – Proportionality – Manifest errors of assessment.#Case T-753/16.

European Union · Court of Justice of the European Union · 22 September 2021

Record· TJCELEX 62016TJ0753_INFdecided

Judgment of the General Court (Tenth Chamber) of 22 September 2021.#PAO Severstal v European Commission.#Dumping – Imports of certain cold-rolled flat steel products originating in China and Russia – Definitive anti-dumping duty – Article 18 of Regulation (EC) No 1225/2009 (now Article 18 of Regulation (EU) 2016/1036) – Use of facts available – Article 2(3), (4), (9), (10) and (12) of Regulation No 1225/2009 (now Article 2(3), (4), (9), (10) and (12) of Regulation 2016/1036) – Calculation of the normal value, the export price and the dumping margin – Article 3(2) and (5) of Regulation No 1225/2009 (now Article 3(2) and (5) of Regulation 2016/1036) – Determination of the existence of injury – Article 3(7) of Regulation No 1225/2009 (now Article 3(7) of Regulation 2016/1036) – Causal link – Article 2(9) and Article 9(4) of Regulation No 1225/2009 (now Article 2(9) and Article 9(4) of Regulation 2016/1036) – Injury elimination – Rights of the defence – Principle of good administration – Proportionality – Manifest errors of assessment.#Case T-753/16.

European Union · Court of Justice of the European Union · 22 September 2021

Record· TJCELEX 62016TJ0752_INFdecided

Judgment of the General Court (Tenth Chamber) of 22 September 2021.#Novolipetsk Steel PJSC (NLMK) v European Commission.#Dumping – Imports of certain cold-rolled flat steel products originating in China and Russia – Definitive anti-dumping duty – Article 18 of Regulation (EC) No 1225/2009 (now Article 18 of Regulation (EU) 2016/1036) – Use of facts available – Article 3(2) and (5) of Regulation No 1225/2009 (now Article 3(2) and (5) of Regulation 2016/1036) – Determination of injury – Article 3(7) of Regulation No 1225/2009 (now Article 3(7) of Regulation 2016/1036) – Causal link – Article 2(9) and Article 9(4) of Regulation No 1225/2009 (now Article 2(9) and Article 9(4) of Regulation 2016/1036) – Elimination of injury – Rights of the defence – Equality of arms – Principle of good administration – Obligation to state reasons – Proportionality – Manifest errors of assessment.#Case T-752/16.

European Union · Court of Justice of the European Union · 22 September 2021

Record· TJCELEX 62016TJ0752decided

Judgment of the General Court (Tenth Chamber) of 22 September 2021.#Novolipetsk Steel PJSC (NLMK) v European Commission.#Dumping – Imports of certain cold-rolled flat steel products originating in China and Russia – Definitive anti-dumping duty – Article 18 of Regulation (EC) No 1225/2009 (now Article 18 of Regulation (EU) 2016/1036) – Use of facts available – Article 3(2) and (5) of Regulation No 1225/2009 (now Article 3(2) and (5) of Regulation 2016/1036) – Determination of injury – Article 3(7) of Regulation No 1225/2009 (now Article 3(7) of Regulation 2016/1036) – Causal link – Article 2(9) and Article 9(4) of Regulation No 1225/2009 (now Article 2(9) and Article 9(4) of Regulation 2016/1036) – Elimination of injury – Rights of the defence – Equality of arms – Principle of good administration – Obligation to state reasons – Proportionality – Manifest errors of assessment.#Case T-752/16.

European Union · Court of Justice of the European Union · 22 September 2021

Record· TJCELEX 62020TJ0203decided

Judgment of the General Court (Fourth Chamber) of 22 September 2021 (Extracts).#Maher Al-Imam v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted against Syria – Freezing of funds – Rights of the defence – Right to effective judicial protection – Error of assessment – Proportionality – Right to property – Damage to reputation.#Case T-203/20.

European Union · Court of Justice of the European Union · 22 September 2021

Record· CJCELEX 62018CJ0546_RESdecided

Judgment of the Court (Fourth Chamber) of 9 September 2021.#FN and Others v Übernahmekommission.#Reference for a preliminary ruling – Company law – Takeover bids – Directive 2004/25/EC – Article 5 – Mandatory bid – Article 4 – Supervisory authority – Final decision making a finding of infringement of the obligation to make a takeover bid – Binding effect of that decision in subsequent proceedings for an administrative sanction initiated by the same authority – EU law principle of effectiveness – General principles of EU law – Rights of the defence – Charter of Fundamental Rights of the European Union – Articles 47 and 48 – Right to silence – Presumption of innocence – Access to an independent and impartial tribunal.#Case C-546/18.

European Union · Court of Justice of the European Union · 9 September 2021

Record· CJCELEX 62018CJ0546decided

Judgment of the Court (Fourth Chamber) of 9 September 2021.#FN and Others v Übernahmekommission.#Request for a preliminary ruling from the Bundesverwaltungsgericht.#Reference for a preliminary ruling – Company law – Takeover bids – Directive 2004/25/EC – Article 5 – Mandatory bid – Article 4 – Supervisory authority – Final decision making a finding of infringement of the obligation to make a takeover bid – Binding effect of that decision in subsequent proceedings for an administrative sanction initiated by the same authority – EU law principle of effectiveness – General principles of EU law – Rights of the defence – Charter of Fundamental Rights of the European Union – Articles 47 and 48 – Right to silence – Presumption of innocence – Access to an independent and impartial tribunal.#Case C-546/18.

European Union · Court of Justice of the European Union · 9 September 2021

Record· TJCELEX 62021TJ0010decided

Judgment of the General Court (Fifth Chamber) of 8 September 2021.#Nathalie Griesbeck v European Parliament.#Law governing the institutions – Rules governing the payment of expenses and allowances to Members of the Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Burden of proof – Rights of the defence – Error of assessment – Proportionality.#Case T-10/21.

European Union · Court of Justice of the European Union · 8 September 2021

Record· TJCELEX 62021TJ0010_INFdecided

Judgment of the General Court (Fifth Chamber) of 8 September 2021.#Nathalie Griesbeck v European Parliament.#Law governing the institutions – Rules governing the payment of expenses and allowances to Members of the Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Burden of proof – Rights of the defence – Error of assessment – Proportionality.#Case T-10/21.

European Union · Court of Justice of the European Union · 8 September 2021

Report· CCCELEX 62020CC0338decided

Opinion of Advocate General Bobek delivered on 2 September 2021.#D.P.#Request for a preliminary ruling from the Sąd Rejonowy dla Łodzi-Śródmieścia w Łodzi.#Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Mutual recognition – Financial penalties – Framework Decision 2005/214/JHA – Grounds for non-recognition and non-execution – Article 20(3) – Decision imposing a financial penalty – Observance of the rights of the defence – Notification of documents in a language not understood by the sentenced person – Translation of the essential elements of the decision.#Case C-338/20.

European Union · Court of Justice of the European Union · 2 September 2021

Record· TJCELEX 62020TJ0377_RESdecided

Judgment of the General Court (Eighth Chamber) of 1 September 2021.#KN v European Economic and Social Committee.#Institutional law – Member of the EESC – OLAF investigation into allegations of psychological harassment – Decision to discharge a member from his duties involving the management and administration of staff – Action for annulment – Challengeable act – Admissibility – Measure taken in the interest of the service – Legal basis – Rights of the defence – Refusal of access to the annexes to the OLAF report – Disclosure of the substance of the witness statements in the form of a summary – Liability.#Case T-377/20.

European Union · Court of Justice of the European Union · 1 September 2021

Record· CJCELEX 62019CJ0791_RESdecided

Judgment of the Court (Grand Chamber) of 15 July 2021.#European Commission v Republic of Poland.#Failure of a Member State to fulfil obligations – Disciplinary regime applicable to judges – Rule of law – Independence of judges – Effective legal protection in the fields covered by Union law – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Disciplinary offences resulting from the content of judicial decisions – Independent disciplinary courts or tribunals established by law – Respect for reasonable time and the rights of the defence in disciplinary proceedings – Article 267 TFEU – Restriction of the right of national courts to submit requests for a preliminary ruling to the Court of Justice and of their obligation to do so.#Case C-791/19.

European Union · Court of Justice of the European Union · 15 July 2021

Record· CJCELEX 62019CJ0742_RESdecided

Judgment of the Court (Grand Chamber) of 15 July 2021.#B. K. v Republika Slovenija (Ministrstvo za obrambo).#Reference for a preliminary ruling – Protection of the safety and health of workers – Organisation of working time – Members of the armed forces – Applicability of EU law – Article 4(2) TEU – Directive 2003/88/EC – Scope – Article 1(3) – Directive 89/391/EEC – Article 2(2) – Military activities – Concept of ‘working time’ – Stand-by period – Dispute concerning the remuneration of a worker.#Case C-742/19.

European Union · Court of Justice of the European Union · 15 July 2021

Record· TJCELEX 62018TJ0247_INFdecided

Judgment of the General Court (Seventh Chamber) of 14 July 2021.#Tibisay Lucena Ramírez v Council of the European Union.#Common foreign and security policy – Restrictive measures taken with regard to the situation in Venezuela – Freezing of funds – Lists of persons, entities and bodies covered by the freezing of funds and economic resources – Inclusion of the applicant’s name on the lists – Retention of the applicant’s name on the lists – Obligation to state reasons – Rights of the defence – Principle of sound administration – Right to effective judicial protection – Error of assessment.#Case T-247/18.

European Union · Court of Justice of the European Union · 14 July 2021

Record· TJCELEX 62020TJ0181decided

Judgment of the General Court (Fifth Chamber) of 14 July 2021.#Griba Baumschulgenossenschaft landwirtschaftliche Gesellschaft v Community Plant Variety Office.#Plant varieties – Application for a Community plant variety right for the Stark Gugger apple variety – Technical examination – Testing location – Equal treatment – Rights of the defence – Obligation to state reasons.#Case T-181/20.

European Union · Court of Justice of the European Union · 14 July 2021

Record· TJCELEX 62020TJ0172decided

Judgment of the General Court (Fifth Chamber) of 14 July 2021.#Robert Rochefort v European Parliament.#Law governing the institutions – Rules on expenses and allowances for Members of Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Burden of proof – Duty to state reasons – Rights of the defence – Error of law – Error of assessment – Proportionality.#Case T-172/20.

European Union · Court of Justice of the European Union · 14 July 2021

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