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Defence

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51 records in EU in 2018

Records

Record· CJCELEX 62017CJ0530decided

Judgment of the Court (Fourth Chamber) of 19 December 2018.#Mykola Yanovych Azarov v Council of the European Union.#Appeal — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds and economic resources — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the appellant’s name — Decision by an authority of a third State — Council’s obligation to verify that that decision was taken in accordance with the rights of the defence and the right to effective judicial protection.#Case C-530/17 P.

European Union · Court of Justice of the European Union · 19 December 2018

Record· TJCELEX 62010TJ0400(01)decided

Judgment of the General Court (First Chamber, Extended Composition) of 14 December 2018.#Hamas v Council of the European Union.#Common foreign and security policy – Restrictive measures taken against certain persons and entities with a view to combating terrorism – Freezing of funds – Possibility for an authority of a third country to be classified as a competent authority within the meaning of Common Position 2001/931/CFSP – Factual basis of the decisions to freeze funds – Obligation to state reasons – Error of assessment – Right to effective judicial protection – Rights of the defence – Right to property.#Case T-400/10 RENV.

European Union · Court of Justice of the European Union · 14 December 2018

Record· TJCELEX 62016TJ0298decided

Judgment of the General Court (First Chamber) of 14 December 2018.#East West Consulting SPRL v European Commission.#Non-contractual liability — Pre-Accession Assistance Instrument — Non-member State — National public procurement — Decentralised management — Decision 2008/969/EC, Euratom — Early warning system (EWS) — Activation of an EWS warning — Protection of the financial interests of the Union — Commission’s refusal of ex ante approval — Failure to award the procurement– Jurisdiction of the General Court — Admissibility of evidence — No legal basis for the warning — Rights of the defence — Presumption of innocence — Sufficiently serious breach of a rule of law conferring rights on individuals — Causal link — Material and non-material damage — Loss of the procurement — Loss of opportunity to obtain other procurements.#Case T-298/16.

European Union · Court of Justice of the European Union · 14 December 2018

Record· TJCELEX 62016TJ0743decided

Judgment of the General Court (Third Chamber) of 13 December 2018.#CX v European Commission.#Civil service — Officials — Disciplinary measure — Removal from post — Rights of the defence — Duty to have regard for the welfare of officials — Article 22(1) of Annex IX to the Staff Regulations — Articles 41 and 52 of the Charter of Fundamental Rights — Liability — Actual damage — Causal link.#Case T-743/16 RENV.

European Union · Court of Justice of the European Union · 13 December 2018

Record· TJCELEX 62014TJ0851decided

Judgment of the General Court (Ninth Chamber, Extended Composition) of 13 December 2018 (Extracts).#Slovak Telekom, a.s. v European Commission.#Competition — Abuse of dominant position — Slovakian market for broadband telecommunications services — Access by third-party undertakings to the ‘local loop’ of the incumbent operator on that market — Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement — Single and continuous infringement — Definition of ‘abuse’ — Refusal to grant access — Margin squeeze — Calculation of margin squeeze — Equally efficient competitor test — Rights of defence — Imputation of an infringement committed by a subsidiary to its parent company — Decisive influence of the parent company over the subsidiary’s commercial policy — Actual exercise of such influence — Burden of proof — Calculation of the fine — 2006 Guidelines on the method of setting fines.#Case T-851/14.

European Union · Court of Justice of the European Union · 13 December 2018

Record· TJCELEX 62013TJ0167decided

Judgment of the General Court (Third Chamber, Extended Composition) of 13 December 2018 (Extracts).#Comune di Milano v European Commission.#State aid – Groundhandling services – Capital injections provided by SEA in favour of Sea Handling – Decision declaring the aid incompatible with the internal market and ordering its recovery – Concept of aid – Whether imputable to the State – Private investor test – Audi alteram partem rule – Rights of defence – Right to sound administration – Legitimate expectations.#Case T-167/13.

European Union · Court of Justice of the European Union · 13 December 2018

Record· TJCELEX 62016TJ0411decided

Judgment of the General Court (Fifth Chamber) of 12 December 2018.#Syriatel Mobile Telecom (Joint Stock Company) v Council of the European Union.#Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to honour and reputation — Right to property — Presumption of innocence — Proportionality.#Case T-411/16.

European Union · Court of Justice of the European Union · 12 December 2018

Record· TJCELEX 62017TJ0358decided

Judgment of the General Court (Fifth Chamber) of 12 December 2018.#Mohamed Hosni Elsayed Mubarak v Council of the European Union.#Common foreign and security policy — Restrictive measures taken in view of the situation in Egypt — Freezing of funds — Objectives — Criteria for inclusion of persons targeted — Maintenance of the applicant’s designation on the list of persons targeted — Factual basis — Plea of illegality — Legal basis — Proportionality — Right to a fair trial — Presumption of innocence — Principle of good administration — Error of law — Manifest error of assessment — Right to property — Rights of defence — Right to effective judicial protection.#Case T-358/17.

European Union · Court of Justice of the European Union · 12 December 2018

Record· TJCELEX 62016TJ0409decided

Judgment of the General Court (Fifth Chamber) of 12 December 2018.#Ehab Makhlouf v Council of the European Union.#Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to reputation — Right to property — Presumption of innocence — Restriction on entry into and transit through the territory of the European Union — Proportionality.#Case T-409/16.

European Union · Court of Justice of the European Union · 12 December 2018

Record· TJCELEX 62016TJ0416decided

Judgment of the General Court (Fifth Chamber) of 12 December 2018.#Razan Othman v Council of the European Union.#Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to honour and reputation — Right to property — Presumption of innocence — Restrictions on entry into and transit through the territory of the European Union — Proportionality.#Case T-416/16.

European Union · Court of Justice of the European Union · 12 December 2018

Record· TJCELEX 62017TJ0280decided

Judgment of the General Court (Third Chamber) of 7 December 2018 (Extracts).#GE.CO.P. Generale Costruzioni e Progettazioni SpA v European Commission.#Public procurement — Financial Regulation — Exclusion from procurement and grant award procedures covered by the general EU budget for a two-year period — Article 108 of the Financial Regulation — Rights of the defence — Proof of receipt of a notification.#Case T-280/17.

European Union · Court of Justice of the European Union · 7 December 2018

Record· TJCELEX 62017TJ0161decided

Judgment of the General Court (Sixth Chamber) of 28 November 2018.#Marion Le Pen v European Parliament.#Rules governing the payment of expenses and allowances to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid — Power of the Secretary-General — Rights of the defence — Legitimate expectations — Obligation to state reasons — Equal treatment — Misuse of power — Error of fact — Proportionality.#Case T-161/17.

European Union · Court of Justice of the European Union · 28 November 2018

Record· TJCELEX 62016TJ0274decided

Judgment of the General Court (Fifth Chamber) of 22 November 2018.#Suzanne Saleh Thabet and Others v Council of the European Union.#Common foreign and security policy — Restrictive measures taken in view of the situation in Egypt — Freezing of funds — Objectives — Criteria for inclusion of persons targeted — Renewal of the applicants’ designation on the list of persons targeted — Factual basis — Plea of illegality — Legal basis — Proportionality — Right to a fair trial — Presumption of innocence — Principle of good administration — Error of law — Manifest error of assessment — Right to property — Rights of defence — Right to effective judicial protection.#Cases T-274/16 and T-275/16.

European Union · Court of Justice of the European Union · 22 November 2018

Record· COCELEX 62018CO0334(01)decided

Order of the Judge hearing the application for interim measures of 22 November 2018.#Hércules Club de Fútbol, SAD v European Commission.#Appeal — Order of the court hearing the application for interim measures — State aid — Aid granted by the Spanish authorities to certain football clubs — Guarantee given by a public body in connection with loans to three football clubs in the Autonomous Community of Valencia — Decision declaring the aid to be incompatible with the internal market — Order for recovery — Suspension of operation of a measure — Urgency — Statement of reasons — Rights of the defence.#Cases C-334/18 P(R) and C-334/18 P(R)-R.

European Union · Court of Justice of the European Union · 22 November 2018

Record· TJCELEX 62016TJ0854decided

Judgment of the General Court (Second Chamber) of 20 November 2018.#João Miguel Barata v European Parliament.#Civil service — Officials — Promotion — 2015 promotion procedure — Certification procedure — Exclusion from the definitive list of officials authorised to follow the training programme — Article 45a of the Staff Regulations — Obligation to state reasons — Manifest error of assessment — Equal treatment — Rights of the defence.#Case T-854/16.

European Union · Court of Justice of the European Union · 20 November 2018

Report· CCCELEX 62017CC0465decided

Opinion of Advocate General Campos Sánchez-Bordona delivered on 14 November 2018.#Falck Rettungsdienste GmbH and Falck A/S v Stadt Solingen.#Request for a preliminary ruling from the Oberlandesgericht Düsseldorf.#Reference for a preliminary ruling — Public procurement — Directive 2014/24/EU — Article 10(h) — Specific exclusions for service contracts — Civil defence, civil protection and danger prevention services — Non-profit organisations or associations — Patient transport ambulance services — Transport by qualified ambulance.#Case C-465/17.

European Union · Court of Justice of the European Union · 14 November 2018

Record· CJCELEX 62017CJ0093decided

Judgment of the Court (First Chamber) of 14 November 2018.#European Commission v Hellenic Republic.#Failure of a Member State to fulfil obligations — State aid — Aid declared unlawful and incompatible with the internal market — Recovery requirement — Judgment of the Court establishing a failure to fulfil its obligations — Undertaking which engages in both civil and military activities — Non-implementation — Essential interests of the security of a Member State — Article 346(1)(b) TFEU — Financial penalties — Periodic penalty payment — Lump sum — Ability to pay — ‘N’ Factor — Factors which are the basis for the assessment of the ability to pay — Gross domestic product — Weighting of votes of the Member State in the Council of the European Union — New voting rules in the Council.#Case C-93/17.

European Union · Court of Justice of the European Union · 14 November 2018

Record· TJCELEX 62017TJ0454decided

Judgment of the General Court (Ninth Chamber) of 8 November 2018.#"Pro NGO!" (Non-Governmental-Organisations/Nicht-Regierungs-Organisationen) eV v European Commission.#Public procurement – Tender procedure – Investigation by private auditor – OLAF investigation – Finding of irregularities – Decision of the Commission imposing an administrative sanction on the applicant – Exclusion from procurement and grant award procedures covered by the general EU budget for a six-month period – Inclusion on the early detection and exclusion system database – New plea – Rights of the defence.#Case T-454/17.

European Union · Court of Justice of the European Union · 8 November 2018

Report· XGCELEX 52018XG1026(01)open

The following information is brought to the attention of ABDOLLAHI Hamed, ARBABSIAR Manssor, SHAHLAI Abdul Reza, SHAKURI Ali Gholam, SOLEIMANI Qasem, the Communist Party of the Philippines, including New Peoples Army (NPA), the National Liberation Army (Ejército de Liberación Nacional or ELN), the HIZBALLAH Military Wing, the Popular Front for the Liberation of Palestine (PFLP), the Popular Front for the Liberation of Palestine — General Command (PFLP-GC) and Sendero Luminoso (SL) (‘Shining Path’) — persons and groups 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 Annex to Council Implementing Regulation (EU) 2018/1071 of 30 July 2018)

European Union · Council of the European Union · 26 October 2018

Record· TJCELEX 62017TJ0029decided

Judgment of the General Court (Seventh Chamber, Extended Composition) of 24 October 2018.#RQ v European Commission.#Civil service — Officials — Director-General of OLAF — Decision waiving the applicant’s immunity from legal proceedings — Lis pendens — Act adversely affecting a person — Obligation to state reasons — Duty of assistance and duty to have regard to the welfare of officials — Legitimate expectations — Rights of the defence.#Case T-29/17.

European Union · Court of Justice of the European Union · 24 October 2018

Record· TJCELEX 62017TJ0026decided

Judgment of the General Court (Seventh Chamber) of 17 October 2018.#Jean-François Jalkh v European Parliament.#Privileges and immunities — Member of the European Parliament — Decision to waive parliamentary immunity — Connection with the duties of a Member of the European Parliament — Equal treatment — Legal certainty — Legitimate expectations — Procedure for waiving immunity — Rights of defence — Misuse of powers — Non-contractual liability.#Case T-26/17.

European Union · Court of Justice of the European Union · 17 October 2018

Record· TJCELEX 62017TJ0027decided

Judgment of the General Court (Seventh Chamber) of 17 October 2018.#Jean-François Jalkh v European Parliament.#Privileges and immunities — Member of the European Parliament — Decision to waive parliamentary immunity — Relation with parliamentary duties — Equal treatment — Legal certainty — Legitimate expectation — Procedure for waiving immunity — Rights of the defence — Abuse of power — Non-contractual liability.#Case T-27/17.

European Union · Court of Justice of the European Union · 17 October 2018

Record· TJCELEX 62015TJ0288decided

Judgment of the General Court (Fifth Chamber, Extended Composition) of 27 September 2018.#Ahmed Abdelaziz Ezz and Others v Council of the European Union.#Common foreign and security policy — Restrictive measures taken in view of the situation in Egypt — Freezing of funds — Admissibility — Objectives — Criteria for inclusion of persons targeted — Renewal of designation of the applicants on the list of persons targeted — Factual basis — Plea of illegality — Legal basis — Proportionality — Right to fair trial — Presumption of innocence — Right to good administration — Error of law — Manifest error of assessment — Right to property — Rights of the defence — Right to effective judicial protection.#Case T-288/15.

European Union · Court of Justice of the European Union · 27 September 2018

Record· CJCELEX 62017CJ0099decided

Judgment of the Court (Fourth Chamber) of 26 September 2018.#Infineon Technologies AG v European Commission.#Appeal — Agreements, decisions and concerted practices — European market for smart card chips — Network of bilateral contacts — Exchanges of commercially sensitive information — Challenge of the authenticity of the evidence — Rights of the defence — Restriction of competition ‘by object’ — Single and continuous infringement — Judicial review — Unlimited jurisdiction — Scope — Calculation of the amount of the fine.#Case C-99/17 P.

European Union · Court of Justice of the European Union · 26 September 2018

Record· TJCELEX 62017TJ0233decided

Judgment of the General Court (Second Chamber) of 25 September 2018.#Portuguese Republic v European Commission.#EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Portugal — Direct payments — POSEI programme — Exceeding of ceilings — Payment delays — First subparagraph of Article 11(1) of Regulation No 885/2006 — Double financial correction — Rights of the defence — Proportionality.#Case T-233/17.

European Union · Court of Justice of the European Union · 25 September 2018

Record· TJCELEX 62015TJ0515decided

Judgment of the General Court (Sixth Chamber) of 13 September 2018.#Joint-Stock Company "Almaz-Antey" Air and Space Defence Corp., formerly OAO Concern PVO Almaz-Antey 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 — Retention of the applicant’s name on the list of entities to which the restrictive measures apply — Proportionality — Error of assessment — Obligation to state reasons — Fundamental rights.#Case T-515/15.

European Union · Court of Justice of the European Union · 13 September 2018

Record· CJCELEX 62016CJ0358decided

Judgment of the Court (Fifth Chamber) of 13 September 2018.#UBS Europe SE and Alain Hondequin and Others v DV and Others.#Request for a preliminary ruling from the Cour administrative (Luxembourg).#Reference for a preliminary ruling — Approximation of laws — Directive 2004/39/EC — Article 54(1) and (3) — Scope of the obligation of professional secrecy on national financial supervisory authorities — Finding of the absence of good repute — Cases covered by criminal law — Charter of Fundamental Rights of the European Union — Articles 47 and 48 — Rights of the defence — Access to the file.#Case C-358/16.

European Union · Court of Justice of the European Union · 13 September 2018

Record· TJCELEX 62014TJ0798decided

Judgment of the General Court (Sixth Chamber) of 13 September 2018.#DenizBank A.Ş. 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 — Inclusion of the name of the entity owning the applicant in the list of entities to which the restrictive measures apply — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — EU-Turkey Association Agreement — Fundamental rights — Proportionality.#Case T-798/14.

European Union · Court of Justice of the European Union · 13 September 2018

Record· TJCELEX 62014TJ0732decided

Judgment of the General Court (Sixth Chamber) of 13 September 2018.#Sberbank of Russia OAO 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 — Applicant’s name included and retained in the list of entities to which the restrictive measures apply — Error of assessment — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Right to property — Right to carry on an economic activity.#Case T-732/14.

European Union · Court of Justice of the European Union · 13 September 2018

Record· TJCELEX 62014TJ0715decided

Judgment of the General Court (Sixth Chamber) of 13 September 2018.#PAO Rosneft Oil Company, formerly NK Rosneft OAO and Others 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 — Obligation to state reasons — Manifest error of assessment — Rights of the defence and right to effective judicial protection — Partnership and Cooperation Agreement between the European Union and Russia — Right to property — Equal treatment — Proportionality — Misuse of powers — Legal certainty.#Case T-715/14.

European Union · Court of Justice of the European Union · 13 September 2018

Record· TJCELEX 62014TJ0734decided

Judgment of the General Court (Sixth Chamber) of 13 September 2018.#VTB Bank PAO, formerly VTB Bank OAO 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 — Applicant’s name included and retained in the list of entities to which the restrictive measures apply — Manifest error of assessment — Obligation to state reasons — Rights of the defence — Right to effective judicial protection — Right to property — Right to carry on an economic activity.#Case T-734/14.

European Union · Court of Justice of the European Union · 13 September 2018

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