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751 records in EU in 2023

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Records

Decision· DCELEX 32023D1477in force

Council Decision (EU) 2023/1477 of 14 July 2023 on the signing, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the People’s Republic of China pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union

European Union · EUR-Lex · 14 July 2023

Record· TOCELEX 62023TO0126(01)decided

Order of the President of the General Court of 14 July 2023.#VC v European Agency for Safety and Health at Work.#Interim relief – Public supply contracts – Exclusion from procurement procedures and from the award of grants financed by the general budget of the European Union and by the EDF for a period of two years – Publication of information relating to that exclusion – Application for suspension of operation of a measure – Urgency – Prima facie case – Weighing up of interests.#Case T-126/23 R.

European Union · Court of Justice of the European Union · 14 July 2023

Record· TOCELEX 62023TO0126(01)_INFdecided

Order of the President of the General Court of 14 July 2023.#VC v European Agency for Safety and Health at Work.#Interim relief – Public supply contracts – Exclusion from procurement procedures and from the award of grants financed by the general budget of the European Union and by the EDF for a period of two years – Publication of information relating to that exclusion – Application for suspension of operation of a measure – Urgency – Prima facie case – Weighing up of interests.#Case T-126/23 R.

European Union · Court of Justice of the European Union · 14 July 2023

Record· CJCELEX 62020CJ0376_RESdecided

Judgment of the Court (Grand Chamber) of 13 July 2023.#European Commission v CK Telecoms UK Investments Ltd.#Appeal – Competition – Regulation (EC) No 139/2004 – Control of concentrations of undertakings – Mobile telecommunications services – Decision declaring a concentration incompatible with the internal market – Oligopolistic market – Significant impediment to effective competition – Non-coordinated effects – Standard of proof – European Commission’s margin of discretion with regard to economic matters – Limits of judicial review – Guidelines on horizontal mergers – Factors relevant to demonstrating a significant impediment to effective competition – Concepts of ‘important competitive force’ and ‘close competitors’ – Closeness of competition between the parties to the concentration – Quantitative analysis of the effects of the proposed concentration on prices – Efficiencies – Distortion – Complaint raised by the General Court of the European Union of its own motion – Annulment.#Case C-376/20 P.

European Union · Court of Justice of the European Union · 13 July 2023

Record· COCELEX 62023CO0142_INFdecided

Order of the Court (Chamber determining whether appeals may proceed) of 13 July 2023.#Hecht Pharma GmbH v European Union Intellectual Property Office.#Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed.#Case C-142/23 P.

European Union · Court of Justice of the European Union · 13 July 2023

Report· CCCELEX 62022CC0392decided

Opinion of Advocate General Richard de la Tour delivered on 13 July 2023.#X v Staatssecretaris van Justitie en Veiligheid.#Request for a preliminary ruling from the rechtbank Den Haag, zittingsplaats 's-Hertogenbosch.#Reference for a preliminary ruling – Common policy on asylum and immigration – Application for international protection – Charter of Fundamental Rights of the European Union – Article 4 – Risks of inhuman or degrading treatment – Criteria and mechanisms for determining the Member State responsible for examining the application for international protection – Regulation (EU) No 604/2013 – Article 3(2) – Scope of the obligations of the Member State which has sought to have the applicant taken back by the Member State responsible and wishes to transfer the applicant to the latter Member State – Principle of mutual trust – Evidence and standard of proof of the real risk of inhuman or degrading treatment, resulting from systemic flaws – Practices of pushback to a third country and detention at border control posts.#Case C-392/22.

European Union · Court of Justice of the European Union · 13 July 2023

Record· CJCELEX 62021CJ0363decided

Judgment of the Court (First Chamber) of 13 July 2023.#Ferrovienord SpA v Nazionale di Statistica – ISTAT and Federazione Italiana Triathlon v Istituto Nazionale di Statistica - ISTAT and Ministero dell'Economia e delle Finanze.#Requests for a preliminary ruling from the Corte dei Conti.#References for a preliminary ruling – Second paragraph of Article 19(1) TEU – Obligation on Member States to provide remedies sufficient to ensure effective legal protection in the fields covered by EU law – Economic policy – Regulation (EU) No 549/2013 – European system of national and regional accounts in the European Union (ESA) – Directive 2011/85/EU – Requirements for budgetary frameworks of the Member States – National legislation limiting the jurisdiction of the audit court – Principles of effectiveness and equivalence – Article 47 of the Charter of Fundamental Rights of the European Union.#Joined Cases C-363/21 and C-364/21.

European Union · Court of Justice of the European Union · 13 July 2023

Record· CJCELEX 62020CJ0376decided

Judgment of the Court (Grand Chamber) of 13 July 2023.#European Commission v CK Telecoms UK Investments Ltd.#Appeal – Competition – Regulation (EC) No 139/2004 – Control of concentrations of undertakings – Mobile telecommunications services – Decision declaring a concentration incompatible with the internal market – Oligopolistic market – Significant impediment to effective competition – Non-coordinated effects – Standard of proof – European Commission’s margin of discretion with regard to economic matters – Limits of judicial review – Guidelines on horizontal mergers – Factors relevant to demonstrating a significant impediment to effective competition – Concepts of ‘important competitive force’ and ‘close competitors’ – Closeness of competition between the parties to the concentration – Quantitative analysis of the effects of the proposed concentration on prices – Efficiencies – Distortion – Complaint raised by the General Court of the European Union of its own motion – Annulment.#Case C-376/20 P.

European Union · Court of Justice of the European Union · 13 July 2023

Report· CCCELEX 62022CC0363decided

Opinion of Advocate General Medina delivered on 13 July 2023.#Planistat Europe and Hervé-Patrick Charlot v European Commission.#Appeal – Second paragraph of Article 340 TFEU – Non-contractual liability of the European Union – Regulation (EC) No 1073/1999 – Investigations conducted by the European Anti-Fraud Office (OLAF) – External investigation by OLAF – ‘Eurostat’ case – Forwarding by OLAF of information concerning matters liable to result in criminal proceedings to the national judicial authorities before the conclusion of the investigation – Filing of a complaint by the European Commission before the conclusion of the OLAF investigation – National criminal proceedings – Ruling that there is no need to adjudicate which has become final – Concept of a ‘sufficiently serious breach’ of a rule of EU law intended to confer rights on individuals – Material and non-material damage allegedly suffered by the appellants – Actions for damages.#Case C-363/22 P.

European Union · Court of Justice of the European Union · 13 July 2023

Report· CCCELEX 62022CC0518decided

Opinion of Advocate General Richard de la Tour delivered on 13 July 2023.#J.M.P. v AP Assistenzprofis GmbH.#Request for a preliminary ruling from the Bundesarbeitsgericht.#Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 2(5) – Prohibition of discrimination on grounds of age – United Nations Convention on the Rights of Persons with Disabilities – Article 19 – Living independently and being included in the community – Charter of Fundamental Rights of the European Union – Article 26 – Social and occupational integration of persons with disabilities – Personal assistance service for persons with disabilities – Job offer stating a minimum age and maximum age of the person to be hired – Account taken of the wishes and interests of the disabled person – Justification.#Case C-518/22.

European Union · Court of Justice of the European Union · 13 July 2023

Report· CCCELEX 62021CC0382decided

Opinion of Advocate General Ćapeta delivered on 13 July 2023.#European Union Intellectual Property Office v The KaiKai Company Jaeger Wichmann GbR.#Appeal – Intellectual property – Community designs – Patent Cooperation Treaty (PCT) – Agreement on Trade-Related Aspects of Intellectual Property Rights – Paris Convention for the Protection of Industrial Property – Article 4 – Regulation (EC) No 6/2002 – Article 41 – Application for registration of a Community design – Right of priority – Priority claim based on an international application filed under the PCT – Time period – Interpretation consistent with Article 4 of that convention – Limits.#Case C-382/21 P.

European Union · Court of Justice of the European Union · 13 July 2023

Report· CCCELEX 62021CC0646decided

Opinion of Advocate General Collins delivered on 13 July 2023.#K and L v Staatssecretaris van Justitie en Veiligheid.#Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats 's-Hertogenbosch.#Reference for a preliminary ruling – Area of freedom, security and justice – Common asylum policy – Directive 2011/95/EU – Qualification for refugee status – Article 2(d) and (e) – Reasons for persecution – Article 10(1)(d) and (2) – ‘Membership of a particular social group’ – Article 4 – Individual assessment of the facts and circumstances – Directive 2013/32/EU – Article 10(3) – Requirements for the examination of applications for international protection – Article 24(2) of the Charter of Fundamental Rights of the European Union – Best interests of the child – Determination – Third-country nationals who are minors and who identify with the fundamental value of equality between women and men by reason of their stay in a Member State.#Case C-646/21.

European Union · Court of Justice of the European Union · 13 July 2023

Report· CCCELEX 62022CC0261decided

Opinion of Advocate General Ćapeta delivered on 13 July 2023.#Criminal proceedings against GN.#Request for a preliminary ruling from the Corte suprema di cassazione.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 15(2) – Surrender procedure between Member States – Grounds for non-execution – Charter of Fundamental Rights of the European Union – Article 7 – Respect for private and family life – Article 24(2) and (3) – Taking into consideration the best interests of the child – Right of every child to maintain on a regular basis a personal relationship and direct contact with both parents – Mother of young children living with her.#Case C-261/22.

European Union · Court of Justice of the European Union · 13 July 2023

Record· TJCELEX 62022TJ0662_INFdecided

Judgment of the General Court (Third Chamber) of 12 July 2023.#Zalina Tavitova v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – Application for EU figurative mark AURUS – International registration of the earlier word mark AUDAS – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001.#Case T-662/22.

European Union · Court of Justice of the European Union · 12 July 2023

Record· TJCELEX 62022TJ0027_INFdecided

Judgment of the General Court (First Chamber) of 12 July 2023.#Innovaciones Cosmético Farmacéuticas SL v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – Application for EU figurative mark TH PHARMA – Earlier national figurative mark TH – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Genuine use of the earlier mark – Article 47(2) and (3) of Regulation 2017/1001.#Case T-27/22.

European Union · Court of Justice of the European Union · 12 July 2023

Record· TJCELEX 62022TJ0261_INFdecided

Judgment of the General Court (Eighth Chamber) of 12 July 2023.#mBank S.A. v European Union Intellectual Property Office.#EU trade mark – Invalidity proceedings – EU figurative mark EMBANK European Merchant Bank – Earlier EU figurative mark mBank – Earlier national word mark mBank – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001 – Article 95(2) of Regulation 2017/1001 – Article 27(4) of Delegated Regulation (EU) 2018/625 – Document submitted for the first time before the Board of Appeal.#Case T-261/22.

European Union · Court of Justice of the European Union · 12 July 2023

Record· TJCELEX 62021TJ0694_INFdecided

Judgment of the General Court (Fifth Chamber) of 12 July 2023.#aTmos Industrielle Lüftungstechnik GmbH, Düsseldorf v European Union Intellectual Property Office.#EU trade mark – Invalidity proceedings – EU word mark aTmos – Earlier national trade names aTmos Industrielle Lüftungstechnik GmbH and aTmos – Relative ground for invalidity – Article 53(1)(c) and Article 8(4) of Regulation (EC) No 207/2009 (now Article 60(1)(c) and Article 8(4) of Regulation (EU) 2017/1001) – Examination of the facts by the Office of its own motion – Article 95(1) of Regulation 2017/1001.#Case T-694/21.

European Union · Court of Justice of the European Union · 12 July 2023

Record· TJCELEX 62022TJ0487_INFdecided

Judgment of the General Court (First Chamber) of 12 July 2023.#Multiópticas, S. Coop. v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – Application for EU figurative mark representing two black geometrical shapes – Earlier EU and national figurative marks mó – Relative ground for refusal – No damage to reputation – Non‑similarity of the signs – Article 8(5) of Regulation (EU) 2017/1001.#Case T-487/22.

European Union · Court of Justice of the European Union · 12 July 2023

Record· TJCELEX 62021TJ0008_RESdecided

Judgment of the General Court (Sixth Chamber, Extended Composition) of 12 July 2023.#IFIC Holding AG v European Commission.#Commercial policy – Protection against the effects of the extraterritorial application of legislation adopted by a third country – Restrictive measures taken by the United States against Iran – Secondary sanctions preventing natural or legal persons of the European Union from having commercial relationships with undertakings targeted by those measures – Prohibition on complying with such legislation – Second paragraph of Article 5 of Regulation (EC) No 2271/96 – Commission decision authorising a legal person of the European Union to comply with that legislation – Obligation to state reasons – Retroactive effect of authorisation – Account taken of the interests of the undertaking targeted by the restrictive measures of the third country – Right to be heard.#Case T-8/21.

European Union · Court of Justice of the European Union · 12 July 2023

Record· TJCELEX 62022TJ0662decided

Judgment of the General Court (Third Chamber) of 12 July 2023.#Zalina Tavitova v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – Application for EU figurative mark AURUS – International registration of the earlier word mark AUDAS – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001.#Case T-662/22.

European Union · Court of Justice of the European Union · 12 July 2023

Record· TJCELEX 62022TJ0487decided

Judgment of the General Court (First Chamber) of 12 July 2023.#Multiópticas, S. Coop. v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – Application for EU figurative mark representing two black geometrical shapes – Earlier EU and national figurative marks mó – Relative ground for refusal – No damage to reputation – Non-similarity of the signs – Article 8(5) of Regulation (EU) 2017/1001.#Case T-487/22.

European Union · Court of Justice of the European Union · 12 July 2023

Record· TJCELEX 62022TJ0027decided

Judgment of the General Court (First Chamber) of 12 July 2023.#Innovaciones Cosmético Farmacéuticas SL v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – Application for EU figurative mark TH PHARMA – Earlier national figurative mark TH – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Genuine use of the earlier mark – Article 47(2) and (3) of Regulation 2017/1001.#Case T-27/22.

European Union · Court of Justice of the European Union · 12 July 2023

Record· TJCELEX 62022TJ0325decided

Judgment of the General Court (Eighth Chamber) of 12 July 2023.#Nurel, SA v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – Application for EU word mark Terylene – Earlier EU word mark TERRALENE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Genuine use of the earlier mark – Proof of genuine use.#Case T-325/22.

European Union · Court of Justice of the European Union · 12 July 2023

Record· TJCELEX 62021TJ0694decided

Judgment of the General Court (Fifth Chamber) of 12 July 2023.#aTmos Industrielle Lüftungstechnik GmbH, Düsseldorf v European Union Intellectual Property Office.#EU trade mark – Invalidity proceedings – EU word mark aTmos – Earlier national trade names aTmos Industrielle Lüftungstechnik GmbH and aTmos – Relative ground for invalidity – Article 53(1)(c) and Article 8(4) of Regulation (EC) No 207/2009 (now Article 60(1)(c) and Article 8(4) of Regulation (EU) 2017/1001) – Examination of the facts by the Office of its own motion – Article 95(1) of Regulation 2017/1001.#Case T-694/21.

European Union · Court of Justice of the European Union · 12 July 2023

Record· TJCELEX 62022TJ0261decided

Judgment of the General Court (Eighth Chamber) of 12 July 2023.#mBank S.A. v European Union Intellectual Property Office.#EU trade mark – Invalidity proceedings – EU figurative mark EMBANK European Merchant Bank – Earlier EU figurative mark mBank – Earlier national word mark mBank – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001 – Article 95(2) of Regulation 2017/1001 – Article 27(4) of Delegated Regulation (EU) 2018/625 – Document submitted for the first time before the Board of Appeal.#Case T-261/22.

European Union · Court of Justice of the European Union · 12 July 2023

Record· TJCELEX 62021TJ0008decided

Judgment of the General Court (Sixth Chamber, Extended Composition) of 12 July 2023.#IFIC Holding AG v European Commission.#Commercial policy – Protection against the effects of the extraterritorial application of legislation adopted by a third country – Restrictive measures taken by the United States against Iran – Secondary sanctions preventing natural or legal persons of the European Union from having commercial relationships with undertakings targeted by those measures – Prohibition on complying with such legislation – Second paragraph of Article 5 of Regulation (EC) No 2271/96 – Commission decision authorising a legal person of the European Union to comply with that legislation – Obligation to state reasons – Retroactive effect of authorisation – Account taken of the interests of the undertaking targeted by the restrictive measures of the third country – Right to be heard.#Case T-8/21.

European Union · Court of Justice of the European Union · 12 July 2023

Record· TJCELEX 62022TJ0325_INFdecided

Judgment of the General Court (Eighth Chamber) of 12 July 2023.#Nurel, SA v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – Application for EU word mark Terylene – Earlier EU word mark TERRALENE – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Genuine use of the earlier mark – Proof of genuine use.#Case T-325/22.

European Union · Court of Justice of the European Union · 12 July 2023

Record· COCELEX 62023CO0093_SUMdecided

Order of the Court (Chamber determining whether appeals should be allowed to proceed) of 11 July 2023.#European Union Intellectual Property Office v Neoperl AG.#Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Appeal allowed to proceed.#Case C-93/23 P.

European Union · Court of Justice of the European Union · 11 July 2023

Record· COCELEX 62023CO0064_INFdecided

Order of the Court (Chamber determining whether appeals should be allowed to proceed) of 11 July 2023.#Neoperl AG v European Union Intellectual Property Office.#Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request that an appeal be allowed to proceed failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed.#Case C-64/23 P.

European Union · Court of Justice of the European Union · 11 July 2023

Record· COCELEX 62023CO0093decided

Order of the Court (Chamber determining whether appeals should be allowed to proceed) of 11 July 2023.#European Union Intellectual Property Office v Neoperl AG.#Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Appeal allowed to proceed.#Case C-93/23 P.

European Union · Court of Justice of the European Union · 11 July 2023

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