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Defence

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51 records in EU in 2023

Records

Record· TJCELEX 62021TJ0263_INFdecided

Judgment of the General Court (First Chamber) of 20 December 2023.#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 – Maintenance of the applicant’s name on the list – Misappropriation of Ukrainian State funds – Article 1(1) of Decision 2014/119/CFSP – Article 3(1) of Regulation (EU) No 208/2014 – 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.#Cases T-263/21 and T-257/22.

European Union · Court of Justice of the European Union · 20 December 2023

Record· TJCELEX 62021TJ0262_INFdecided

Judgment of the General Court (First Chamber) of 20 December 2023.#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 the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Misappropriation of Ukrainian State funds – Article 1(1) of Decision 2014/119/CFSP – Article 3(1) of Regulation (EU) No 208/2014 – 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.#Cases T-262/21 and T-256/22.

European Union · Court of Justice of the European Union · 20 December 2023

Record· TJCELEX 62021TJ0262decided

Judgment of the General Court (First Chamber) of 20 December 2023.#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 the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Misappropriation of Ukrainian State funds – Article 1(1) of Decision 2014/119/CFSP – Article 3(1) of Regulation (EU) No 208/2014 – 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.#Cases T-262/21 and T-256/22.

European Union · Court of Justice of the European Union · 20 December 2023

Record· TJCELEX 62021TJ0263decided

Judgment of the General Court (First Chamber) of 20 December 2023.#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 – Maintenance of the applicant’s name on the list – Misappropriation of Ukrainian State funds – Article 1(1) of Decision 2014/119/CFSP – Article 3(1) of Regulation (EU) No 208/2014 – 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.#Cases T-263/21 and T-257/22.

European Union · Court of Justice of the European Union · 20 December 2023

Record· TJCELEX 62022TJ0313_RESdecided

Judgment of the General Court (First Chamber, Extended Composition) of 20 December 2023.#Roman Arkadyevich Abramovich v Council of the European Union.#Common foreign and security policy – Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Restriction on entry into the territory of the Member States – List of persons, entities and bodies subject to restrictions on entry into the territories of the Member States – Inclusion and maintenance of the applicant’s name on the lists – Definition of ‘leading businesspersons’ – Article 2(1)(g) of Decision 2014/145/CFSP – Obligation to state reasons – Rights of the defence – Error of assessment – Proportionality – Equal treatment – Right to property – Freedom to conduct a business – Right to private life – Application of restriction on entry to a national of a Member State – Free movement of Union citizens.#Case T-313/22.

European Union · Court of Justice of the European Union · 20 December 2023

Record· TJCELEX 62022TJ0313decided

Judgment of the General Court (First Chamber, Extended Composition) of 20 December 2023.#Roman Arkadyevich Abramovich v Council of the European Union.#Common foreign and security policy – Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Restriction on entry into the territory of the Member States – List of persons, entities and bodies subject to restrictions on entry into the territories of the Member States – Inclusion and maintenance of the applicant’s name on the lists – Definition of ‘leading businesspersons’ – Article 2(1)(g) of Decision 2014/145/CFSP – Obligation to state reasons – Rights of the defence – Error of assessment – Proportionality – Equal treatment – Right to property – Freedom to conduct a business – Right to private life – Application of restriction on entry to a national of a Member State – Free movement of Union citizens.#Case T-313/22.

European Union · Court of Justice of the European Union · 20 December 2023

Report· CCCELEX 62021CC0587decided

Opinion of Advocate General Pikamäe delivered on 7 December 2023.#DD v European Union Agency for Fundamental Rights (FRA).#Appeal – Civil service – Members of the temporary staff – Disciplinary proceedings – Staff Regulations of Officials of the European Union – Annex IX – Article 3 – Compliance with the judgments of the Civil Service Tribunal and of the General Court of the European Union – Annulment of the decisions of the appointing authority – Discretion – Obligation to resume the proceedings at the very point at which the illegality occurred – Rights of the defence – Right to be heard – Article 29 – Compensation for the harm suffered.#Case C-587/21 P.

European Union · Court of Justice of the European Union · 7 December 2023

Record· TOCELEX 62022TO0250(02)_INFdecided

Order of the General Court (Fourth Chamber) of 27 November 2023.#Ingeniería para el Desarrollo Tecnológico, SL (Indetec) v European Climate, Infrastructure and Environment Executive Agency.#Action for annulment and compensation – Arbitration clause – Programme for the Environment and Climate Action (LIFE) – Grant agreement – Decision categorising certain expenditure connected to a subcontract as ineligible expenditure – Obligation to state reasons – Right to sound administration – Article 202(4) of Regulation (EU, Euratom) 2018/1046 – Rights of the defence – Proportionality – Action in part manifestly brought before a court which does not have jurisdiction to hear it and in part manifestly lacking any foundation in law.#Case T-250/22.

European Union · Court of Justice of the European Union · 27 November 2023

Record· CJCELEX 62022CJ0201_SUMdecided

Judgment of the Court (Fifth Chamber) of 23 November 2023.#Kopiosto ry v Telia Finland Oyj.#Reference for a preliminary ruling – Intellectual property rights – Directive 2014/26/EU – Collective management of copyright and related rights – Collective management organisation – Directive 2004/48/EC – Measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights – Article 4 – Persons entitled to seek the application of the measures, procedures and remedies provided for in Directive 2004/48/EC – Collective management organisation authorised to carry out extended collective licensing – Standing to bring proceedings for the defence of intellectual property rights.#Case C-201/22.

European Union · Court of Justice of the European Union · 23 November 2023

Report· CCCELEX 62022CC0351decided

Opinion of Advocate General Ćapeta delivered on 23 November 2023.#Neves 77 Solutions SRL v Agenţia Naţională de Administrare Fiscală – Direcţia Generală Antifraudă Fiscală.#Request for a preliminary ruling from the Tribunalul Bucureşti.#Reference for a preliminary ruling – Common Foreign and Security Policy (CFSP) – Restrictive measures adopted in view of the actions of the Russian Federation destabilising the situation in Ukraine – Decision 2014/512/CFSP – Article 2(2)(a) – Jurisdiction of the Court – Final sentence of the second subparagraph of Article 24(1) TEU – Article 275 TFEU – Article 215 TFEU – Article 17 of the Charter of Fundamental Rights of the European Union – Right to property – Principle of legal certainty and principle that penalties must be defined by law – Brokering services in relation to military equipment – Prohibition on providing such services – Failure to notify the competent national authorities – Administrative offence – Fine – Automatic confiscation of the amounts received in consideration for the prohibited transaction.#Case C-351/22.

European Union · Court of Justice of the European Union · 23 November 2023

Record· CJCELEX 62022CJ0201decided

Judgment of the Court (Fifth Chamber) of 23 November 2023.#Kopiosto ry v Telia Finland Oyj.#Request for a preliminary ruling from the Korkein oikeus.#Reference for a preliminary ruling – Intellectual property rights – Directive 2014/26/EU – Collective management of copyright and related rights – Collective management organisation – Directive 2004/48/EC – Measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights – Article 4 – Persons entitled to seek the application of the measures, procedures and remedies provided for in Directive 2004/48/EC – Collective management organisation authorised to carry out extended collective licensing – Standing to bring proceedings for the defence of intellectual property rights.#Case C-201/22.

European Union · Court of Justice of the European Union · 23 November 2023

Record· TJCELEX 62020TJ0340decided

Judgment of the General Court (Third Chamber) of 22 November 2023.#José María Galván Fernández-Guillén v Single Resolution Board.#Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Resolution of Banco Popular Español – Decision of the SRB refusing to grant compensation to shareholders and creditors concerned by the resolution actions – Right to property – Rights of the defence – Valuation of difference in treatment – Independence of the valuer.#Case T-340/20.

European Union · Court of Justice of the European Union · 22 November 2023

Record· TJCELEX 62020TJ0340_INFdecided

Judgment of the General Court (Third Chamber) of 22 November 2023.#José María Galván Fernández-Guillén v Single Resolution Board.#Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Resolution of Banco Popular Español – Decision of the SRB refusing to grant compensation to shareholders and creditors concerned by the resolution actions – Right to property – Rights of the defence – Valuation of difference in treatment – Independence of the valuer.#Case T-340/20.

European Union · Court of Justice of the European Union · 22 November 2023

Record· CJCELEX 62022CJ0175_SUMdecided

Judgment of the Court (Fourth Chamber) of 9 November 2023.#Criminal proceedings against BK.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2012/13/EU – Right to information in criminal proceedings – Article 6 – Right to information about the accusation – Article 6(4) – Changes in the information given – Amendment of the classification of the criminal offence – Obligation to inform the accused person in due time and to offer him or her the opportunity to put forward his or her arguments regarding the new envisaged classification – Effective exercise of the rights of the defence – Fairness of the proceedings – Directive (EU) 2016/343 – Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings – Article 3 – Presumption of innocence – Article 7(2) – Right not to incriminate oneself – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Requirement that the criminal court or tribunal be impartial – Reclassification of the offence on the initiative of the criminal court or tribunal or on the basis of a proposal from the accused person.#Case C-175/22.

European Union · Court of Justice of the European Union · 9 November 2023

Record· CJCELEX 62022CJ0175decided

Judgment of the Court (Fourth Chamber) of 9 November 2023.#Criminal proceedings against BK.#Request for a preliminary ruling from the Spetsializiran nakazatelen sad.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2012/13/EU – Right to information in criminal proceedings – Article 6 – Right to information about the accusation – Article 6(4) – Changes in the information given – Amendment of the classification of the criminal offence – Obligation to inform the accused person in due time and to offer him or her the opportunity to put forward his or her arguments regarding the new envisaged classification – Effective exercise of the rights of the defence – Fairness of the proceedings – Directive (EU) 2016/343 – Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings – Article 3 – Presumption of innocence – Article 7(2) – Right not to incriminate oneself – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Requirement that the criminal court or tribunal be impartial – Reclassification of the offence on the initiative of the criminal court or tribunal or on the basis of a proposal from the accused person.#Case C-175/22.

European Union · Court of Justice of the European Union · 9 November 2023

Record· TJCELEX 62021TJ0563_INFdecided

Judgment of the General Court (Fifth Chamber) of 8 November 2023.#Alexander Zaytsev and Bremino-Grupp TAA v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted in view of the situation in Belarus – Freezing of funds – Restrictions on entry into the territories of the Member States – Inclusion of the applicants’ names on the lists of persons, entities and bodies concerned – Obligation to state reasons – Rights of the defence – Error of assessment – Proportionality.#Joined Cases T-563/21 and T-564/21.

European Union · Court of Justice of the European Union · 8 November 2023

Record· TJCELEX 62021TJ0563decided

Judgment of the General Court (Fifth Chamber) of 8 November 2023.#Alexander Zaytsev and Bremino-Grupp TAA v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted in view of the situation in Belarus – Freezing of funds – Restrictions on entry into the territories of the Member States – Inclusion of the applicants’ names on the lists of persons, entities and bodies concerned – Obligation to state reasons – Rights of the defence – Error of assessment – Proportionality.#Joined Cases T-563/21 and T-564/21.

European Union · Court of Justice of the European Union · 8 November 2023

Record· TJCELEX 62019TJ0136decided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 25 October 2023 (Extracts).#Bulgarian Energy Holding EAD and Others v European Commission.#Competition – Abuse of a dominant position – Internal market in natural gas – Decision finding an infringement of Article 102 TFEU – Regulated market – Definition of the relevant market – Romanian Transit Pipeline 1 – Holder of an exclusive right to use the Romanian Pipeline 1 – Refusal to grant access – Public supply obligation – State action defence – Transmission system operator – Storage system operator – Anticompetitive strategy – Exclusionary effects – Single and continuous infringement – Rights of the defence.#Case T-136/19.

European Union · Court of Justice of the European Union · 25 October 2023

Record· TJCELEX 62019TJ0136_RESdecided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 25 October 2023 (Extracts).#Bulgarian Energy Holding EAD and Others v European Commission.#Competition – Abuse of a dominant position – Internal market in natural gas – Decision finding an infringement of Article 102 TFEU – Regulated market – Definition of the relevant market – Romanian Transit Pipeline 1 – Holder of an exclusive right to use the Romanian Pipeline 1 – Refusal to grant access – Public supply obligation – State action defence – Transmission system operator – Storage system operator – Anticompetitive strategy – Exclusionary effects – Single and continuous infringement – Rights of the defence.#Case T-136/19.

European Union · Court of Justice of the European Union · 25 October 2023

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