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Record· TJCELEX 62014TJ0720decided

Judgment of the General Court (Ninth Chamber) of 30 November 2016.#Arkady Romanovich Rotenberg v Council of the European Union.#Common foreign and security policy — Restrictive measures having regard to actions compromising or threatening Ukraine — Freezing of funds — Restrictions on admission to territory of the Member States — Natural person actively supporting of implementing actions compromising of threatening Ukraine — Physical person benefiting from the Russian decision-makers responsible for the annexation of Crimea — Rights of defence — Obligation to state reasons — Manifest errors of assessment — Right to property — Freedom to conduct a business — Right to respect for private life — Proportionality.#Case T-720/14.

European Union · Court of Justice of the European Union · 30 November 2016

Record· TJCELEX 62013TJ0694decided

Judgment of the General Court (First Chamber) of 23 November 2016.#Vadzim Ipatau v Council of the European Union.#Common Foreign and Security Policy — Restrictive measures against Belarus — Freezing of funds and economic resources — Restrictions on the entry into and transit through European Union territory — Retention of the applicant’s name on the list of persons concerned — Rights of the defence — Obligation to state reasons — Error of assessment — Proportionality.#Joined Cases T-694/13 and T-2/15.

European Union · Court of Justice of the European Union · 23 November 2016

Report· XGCELEX 52016XG1122(01)open

The following information is brought to the attention of ABDOLLAHI Hamed (a.k.a. Mustafa Abdullahi), ARBABSIAR Manssor (a.k.a. Mansour Arbabsiar), SHAHLAI Abdul Reza (a.k.a. Abdol Reza Shala’i, a.k.a. Abd-al Reza Shalai, a.k.a. Abdorreza Shahlai, a.k.a. Abdolreza Shahla’i, a.k.a. Abdul-Reza Shahlaee, a.k.a. Hajj Yusef, a.k.a. Haji Yusif, a.k.a. Hajji Yasir, a.k.a. Hajji Yusif, a.k.a. Yusuf Abu-al-Karkh), SHAKURI Ali Gholam, SOLEIMANI Qasem (a.k.a. Ghasem Soleymani, a.k.a. Qasmi Sulayman, a.k.a. Qasem Soleymani, a.k.a. Qasem Solaimani, a.k.a. Qasem Salimani, a.k.a. Qasem Solemani, a.k.a. Qasem Sulaimani, a.k.a. Qasem Sulemani), AL-AQSA MARTYR’S BRIGADE, ‘EJÉRCITO DE LIBERACIÓN NACIONAL’ (‘National Liberation Army’), ‘FUERZAS ARMADAS REVOLUCIONARIAS DE COLOMBIA’ — ‘FARC’ (‘Revolutionary Armed Forces of Colombia’), ‘SENDERO LUMINOSO’ — ‘SL’ (‘Shining Path’) — persons, groups and entities included on the list provided for in Article 2(3) of Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (see the Annex to Council Implementing Regulation (EU) 2016/1127 of 12 July 2016)

European Union · Council of the European Union · 22 November 2016

Report· CCCELEX 62015CC0469decided

Opinion of Advocate General Kokott delivered on 17 November 2016.#FSL Holdings and Others v European Commission.#Appeal — Competition — Agreements, decisions and concerted practices — European banana market in Greece, Italy and Portugal — Coordination in the fixing of prices — Admissibility of evidence transmitted by national tax authorities — Rights of the defence — Calculation of the amount of the fine — Scope of judicial review — Classification as an ‘agreement having as its object the restriction of competition’.#Case C-469/15 P.

European Union · Court of Justice of the European Union · 17 November 2016

Record· TJCELEX 62014TJ0418decided

Judgment of the General Court (First Chamber) of 18 October 2016.#Sina Bank v Council of the European Union.#Common foreign and security policy — Restrictive measures taken against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Actions for annulment — Period allowed for commencing proceedings — Amendment of pleadings — Admissibility — Obligation to state reasons — Rights of defence — Right to effective judicial protection — Manifest error of assessment — Adjustment of the effects in time of an annulment.#Case T-418/14.

European Union · Court of Justice of the European Union · 18 October 2016

Record· COCELEX 62015CO0426decided

Order of the Court (Seventh Chamber) of 5 October 2016.#Diputación Foral de Bizkaia v European Commission.#Appeal — Article 181 of the Rules of Procedure of the Court — State aid — Article 108(3) TFEU — Commission decision declaring aid to be unlawful — No prior notification — Determination of the date of award of the aid — Agreements granting aid — Unconditional commitment to award aid — Taking into account of national legislation — Formal investigation procedure — Principle of sound administration — Rights of the defence.#Case C-426/15 P.

European Union · Court of Justice of the European Union · 5 October 2016

Report· CCCELEX 62014CC0158decided

Opinion of Advocate General Sharpston delivered on 29 September 2016.#A and Others v Minister van Buitenlandse Zaken.#Request for a preliminary ruling from the Raad van State.#Reference for a preliminary ruling — Common Foreign and Security Policy (CFSP) — Specific restrictive measures directed against certain persons and entities with a view to combating terrorism — Common Position 2001/931/CFSP — Framework Decision 2002/475/JHA — Regulation (EC) No 2580/2001 — Article 2(3) — Inclusion of the ‘Liberation Tigers of Tamil Eelam (LTTE)’ on the list of persons, groups and entities involved in terrorist acts — Question referred for a preliminary ruling concerning the validity of that inclusion — Compliance with international humanitarian law — Concept of ‘terrorist act’ — Actions by armed forces during periods of armed conflict.#Case C-158/14.

European Union · Court of Justice of the European Union · 29 September 2016

Record· TJCELEX 62015TJ0485decided

Judgment of the General Court (Third Chamber) of 20 September 2016.#Bashir Saleh Bashir Alsharghawi 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 subject to restrictions on entry into and transit through EU territory — Functions of the former head of cabinet of Muammar Qadhafi — Choice of legal basis — Obligation to state reasons — Rights of the defence — Presumption of innocence –Proportionality — Freedom of movement — Right to property — Obligation to justify the merits of the measure.#Case T-485/15.

European Union · Court of Justice of the European Union · 20 September 2016

Record· TJCELEX 62015TJ0018decided

Judgment of the General Court (Eighth Chamber) of 15 September 2016.#Philip Morris Ltd v European Commission.#Access to documents — Regulation (EC) No 1049/2001 — Documents drawn up in the context of preparatory works leading to the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products — Refusal to grant access — Exception relating to the protection of court proceedings — Exception relating to protection of the decision-making process — Rights of the defence — Overriding public interest.#Case T-18/15.

European Union · Court of Justice of the European Union · 15 September 2016

Record· TJCELEX 62014TJ0080decided

Judgment of the General Court (Ninth Chamber) of 15 September 2016.#PT Perindustrian dan Perdagangan Musim Semi Mas (PT Musim Mas) v Council of the European Union.#Dumping — Imports of biodiesel originating in Indonesia — Definitive collection of provisional anti-dumping duties — Definitive anti-dumping duties — Rights of the defence — Article 2(5) of Regulation (EC) No 1225/2009 — Normal value — Production costs.#Case T-80/14.

European Union · Court of Justice of the European Union · 15 September 2016

Record· TJCELEX 62014TJ0755decided

Judgment of the General Court (Eighth Chamber) of 15 September 2016.#Herbert Smith Freehills LLP v European Commission.#Access to documents — Regulation (EC) No 1049/2001 — Documents relating to discussions preceding the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products — Refusal to grant access — Exception relating to the protection of legal advice — Rights of the defence — Overriding public interest.#Case T-755/14.

European Union · Court of Justice of the European Union · 15 September 2016

Record· TJCELEX 62015TJ0091decided

Judgment of the General Court (Sixth Chamber) of 15 September 2016.#Asociación Española para el Desarrollo de la Epidemiología Clínica (AEDEC) v European Commission.#Technological research and development — ‘Horizon 2020’ framework programme for research and innovation — Calls for proposals in respect of work programmes 2014-2015 — Commission decision declaring the proposal submitted by the applicant ineligible — Obligation to state reasons — Rights of the defence — Proportionality — Openness — Manifest error of assessment.#Case T-91/15.

European Union · Court of Justice of the European Union · 15 September 2016

Record· TJCELEX 62014TJ0348decided

Judgment of the General Court (Ninth Chamber, Extended Composition) of 15 September 2016.#Oleksandr Viktorovych Yanukovych v Council of the European Union.#Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the applicant’s name — Obligation to state reasons — Legal basis — Rights of the defence — Right to effective judicial protection — Misuse of power — Failure to comply with the listing criteria — Manifest error of assessment — Right to property.#Case T-348/14.

European Union · Court of Justice of the European Union · 15 September 2016

Record· TJCELEX 62014TJ0800decided

Judgment of the General Court (Eighth Chamber) of 15 September 2016.#Philip Morris Ltd v European Commission.#Access to documents — Regulation (EC) No 1049/2001 — Documents drawn up in the context of preparatory works leading to the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products — Refusal to grant access — Exception relating to the protection of legal advice — Exception relating to protection of the decision-making process — Rights of the defence — Overriding public interest.#Case T-800/14.

European Union · Court of Justice of the European Union · 15 September 2016

Record· TJCELEX 62014TJ0346decided

Judgment of the General Court (Ninth Chamber, Extended Composition) of 15 September 2016.#Viktor Fedorovych Yanukovych v Council of the European Union.#Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to freezing of funds and economic resources — Inclusion of the applicant’s name — Rights of the defence — Obligation to state reasons — Legal basis — Right to effective judicial protection — Misuse of powers — Failure to comply with the listing criteria — Manifest error of assessment — Right to property.#Case T-346/14.

European Union · Court of Justice of the European Union · 15 September 2016

Record· TJCELEX 62014TJ0710decided

Judgment of the General Court (Eighth Chamber) of 15 September 2016.#Herbert Smith Freehills LLP v Council of the European Union.#Access to documents — Regulation (EC) No 1049/2001 — Documents relating to discussions preceding the adoption of the Directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products — Refusal to grant access — Exception relating to the protection of legal advice — Rights of the defence — Overriding public interest.#Case T-710/14.

European Union · Court of Justice of the European Union · 15 September 2016

Record· TJCELEX 62014TJ0340decided

Judgment of the General Court (Ninth Chamber, Extended Composition) of 15 September 2016.#Andriy Klyuyev v Council of the European Union.#Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the applicant’s name — Rights of the defence — Obligation to state reasons — Legal basis — Right to effective judicial protection — Failure to comply with the listing criteria — Manifest error of assessment — Right to property — Right to reputation).#Case T-340/14.

European Union · Court of Justice of the European Union · 15 September 2016

Record· TJCELEX 62015TJ0207decided

Judgment of the General Court (Seventh Chamber) of 14 September 2016.#National Iranian Tanker Company v Council of the European Union.#Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Res judicata — Right to an effective remedy — Error of assessment — Rights of the defence — Right to property — Proportionality.#Case T-207/15.

European Union · Court of Justice of the European Union · 14 September 2016

Record· TJCELEX 62013TJ0471decided

Judgment of the General Court (Ninth Chamber) of 8 September 2016.#Xellia Pharmaceuticals ApS and Alpharma, LLC, formerly Zoetis Products LLC v European Commission.#Competition — Agreements, decisions and concerted practices — Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram — Concept of restriction of competition ‘by subject-matter’ — Potential competition — Generic medicinal products — Barriers to market entry resulting from the existence of patents — Agreement concluded between a patent holder and a generic undertaking — Duration of the Commission’s investigation — Rights of the defence — Fines — Legal certainty — Principle that penalties must have a proper legal basis.#Case T-471/13.

European Union · Court of Justice of the European Union · 8 September 2016

Record· TJCELEX 62013TJ0469decided

Judgment of the General Court (Ninth Chamber) of 8 September 2016.#Generics (UK) Ltd v European Commission.#Competition — Agreements, decisions and concerted practices — Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram — Concept of restriction of competition ‘by subject-matter’ — Potential competition — Generic medicinal products — Barriers to market entry resulting from the existence of patents — Agreements concluded between a patent holder and a generic undertaking — Error of law — Error of assessment — Rights of defence — Fines.#Case T-469/13.

European Union · Court of Justice of the European Union · 8 September 2016

Record· TJCELEX 62013TJ0472decided

Judgment of the General Court (Ninth Chamber) of 8 September 2016.#H. Lundbeck A/S and Lundbeck Ltd v European Commission.#Competition — Agreements, decisions and concerted practices — Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram — Concept of restriction of competition ‘by object’ — Potential competition — Generic medicinal products — Barriers to market entry resulting from the existence of patents — Agreements concluded between a patent holder and generic undertakings — Article 101(1) and (3) TFEU — Errors of law and of assessment — Obligation to state reasons — Rights of defence — Legal certainty — Fines.#Case T-472/13.

European Union · Court of Justice of the European Union · 8 September 2016

Record· TJCELEX 62013TJ0467decided

Judgment of the General Court (Ninth Chamber) of 8 September 2016.#Arrow Group ApS and Arrow Generics Ltd v European Commission.#Competition — Agreements, decisions and concerted practices — Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram — Concept of restriction of competition ‘by subject-matter’ — Potential competition — Generic medicinal products — Barriers to market entry resulting from the existence of patents — Agreements concluded between a patent holder and a generic undertaking — Fines — Legal certainty — Principle that penalties must have a proper legal basis — Duration of the Commission’s investigation — Rights of the defence — Single and continuous infringement.#Case T-467/13.

European Union · Court of Justice of the European Union · 8 September 2016

Record· TJCELEX 62013TJ0483decided

Judgment of the General Court (Fourth Chamber) of 20 July 2016 (Extracts).#Athanassios Oikonomopoulos v European Commission.#Non-contractual liability — Damage caused by the Commission in the context of an OLAF investigation and by OLAF — Actions for damages — Action for a declaration that certain measures taken by OLAF were void and inadmissible for evidentiary purposes before the national authorities — Admissibility — Misuse of powers — Processing of personal data — Rights of the defence.#Case T-483/13.

European Union · Court of Justice of the European Union · 20 July 2016

Record· TJCELEX 62013TJ0326decided

Judgment of the General Court (First Chamber) of 12 July 2016.#European Commission v Thales développement et coopération SAS.#Arbitration clause — Fourth and fifth framework programme for research, technological development and demonstration activities — Contracts concerning projects on the design and development of direct methanol fuel cells — Nullity of contracts on grounds of fraud — Repayment of financial contributions from the European Union — Regulation (EU, Euratom) No 2988/95 — Limitation period — Application of French and Belgian law — Rights of defence — Interest.#Case T-326/13.

European Union · Court of Justice of the European Union · 12 July 2016

Record· COCELEX 62015CO0608decided

Order of the Court (Eighth Chamber) of 7 July 2016.#Panasonic Corp. v European Commission.#Appeal — Rules of Procedure of the Court — Article 181 — Agreements, decisions and concerted practices — Global market for cathode ray tubes for television sets and computer monitors — Agreements and concerted practices on pricing, market-sharing, customer-allocation and output-limitation — Rights of the defence — Statement of objections — Content.#Case C-608/15 P.

European Union · Court of Justice of the European Union · 7 July 2016

Record· TJCELEX 62013TJ0545decided

Judgment of the General Court (Eighth Chamber) of 30 June 2016.#Fahed Mohamed Sakher Al Matri v Council of the European Union.#Common foreign and security policy — Restrictive measures directed against certain persons and entities in view of the situation in Tunisia — Measures taken against persons responsible for misappropriation of public funds and associated persons and entities — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the applicant’s name — Inadequate factual basis — Error of fact — Error of law — Right to property — Freedom to conduct a business — Proportionality — Rights of defence — Right to effective judicial protection — Obligation to state reasons.#Case T-545/13.

European Union · Court of Justice of the European Union · 30 June 2016

Record· TJCELEX 62013TJ0424decided

Judgment of the General Court (Eighth Chamber) of 30 June 2016.#Jinan Meide Casting Co. Ltd v Council of the European Union.#Dumping — Importations of threaded tube or pipe cast fittings, of malleable cast iron originating in China — Definitive anti-dumping duty — Confidential treatment of the normal value calculations — Information provided in good time — Time limit for adopting a decision on market economy treatment — Rights of the defence — Equal treatment — Principle of non-retroactivity — Article 2(7) to (11), Article 3(1) to (3), Article 6(7), Article 19(1) and (5), and Article 20(2) and (4), of Regulation (EC) No 1225/2009.#Case T-424/13.

European Union · Court of Justice of the European Union · 30 June 2016

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