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Record· TOCELEX 62022TO0433decided

Order of the General Court (Seventh Chamber) of 6 June 2023.#Spreewood Distillers GmbH v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – Application for EU word mark STORK – Earlier national word mark GOLDEN STORK – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – Action manifestly lacking any foundation in law.#Case T-433/22.

European Union · Court of Justice of the European Union · 6 June 2023

Record· CJCELEX 62021CJ0204_RESdecided

Judgment of the Court (Grand Chamber) of 5 June 2023.#European Commission v Republic of Poland.#Failure of a Member State to fulfil obligations – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union ‐ Rule of law – Effective legal protection in the fields covered by EU law – Independence of judges – Article 267 TFEU – Possibility of making a reference to the Court for a preliminary ruling – Primacy of EU law – Jurisdiction in relation to the lifting of the immunity from criminal prosecution of judges and in the field of employment law, social security and retirement of judges of the Sąd Najwyższy (Supreme Court, Poland) conferred on the Disciplinary Chamber of that court – National courts prohibited from calling into question the legitimacy of the constitutional courts and bodies or from establishing or assessing the lawfulness of the appointment of judges or their judicial powers – Verification by a judge of compliance with certain requirements relating to the existence of an independent and impartial tribunal previously established by law classified as a ‘disciplinary offence’ – Exclusive jurisdiction to examine questions relating to the lack of independence of a court or judge conferred on the Extraordinary Review and Public Affairs Chamber of the Sąd Najwyższy (Supreme Court) – Articles 7 and 8 of the Charter of Fundamental Rights – Rights to privacy and the protection of personal data – Regulation (EU) 2016/679 – Article 6(1), first subparagraph, points (c) and (e), and Article 6(3), second subparagraph – Article 9(1) – Sensitive data – National legislation requiring judges to make a declaration as to whether they belong to associations, foundations or political parties, and to the positions held within those associations, foundations or political parties, and providing for the placing online of the data contained in those declarations.#Case C-204/21.

European Union · Court of Justice of the European Union · 5 June 2023

Record· TOCELEX 62023TO0115_INFdecided

Order of the President of the General Court of 1 June 2023.#Debreceni Egyetem v Council of the European Union.#Interim relief – Measures for the protection of the Union budget against breaches of the principles of the rule of law in Hungary – Prohibition for the Commission to enter into legal commitments with any public interest trust or any entity maintained by such a public interest trust – Article 2(2) of Implementing Decision (EU) 2022/2506 – Application for suspension of operation of a measure – No urgency.#Case T-115/23 R.

European Union · Court of Justice of the European Union · 1 June 2023

Record· TOCELEX 62023TO0115decided

Order of the President of the General Court of 1 June 2023.#Debreceni Egyetem v Council of the European Union.#Interim relief – Measures for the protection of the Union budget against breaches of the principles of the rule of law in Hungary – Prohibition for the Commission to enter into legal commitments with any public interest trust or any entity maintained by such a public interest trust – Article 2(2) of Implementing Decision (EU) 2022/2506 – Application for suspension of operation of a measure – No urgency.#Case T-115/23 R.

European Union · Court of Justice of the European Union · 1 June 2023

Decision· DCELEX 32023D1082in force

Council Decision (EU) 2023/1082 of 30 May 2023 on the position to be taken on behalf of the European Union within the International Maritime Organization’s Maritime Safety Committee during its 107th session as regards the amendment of the International Convention for the Safety of Life at Sea (SOLAS), of the 1994 International Code of Safety for High-speed Craft (the ‘1994 HSC Code’) and the 2000 International Code of Safety for High-speed Craft (the ‘2000 HSC Code’), of the International Code for Ships Operating in Polar Waters (the ‘Polar Code’), of the 1978 International Convention on Standards of Training, Certification and Watch-keeping for Seafarers (STCW) and the STWC Code, and of the International Life-Saving Appliances Code (the ‘LSA Code’)

European Union · EUR-Lex · 30 May 2023

Decision· DCELEX 32023D1059in force

Council Decision (EU) 2023/1059 of 25 May 2023 on the position to be adopted on behalf of the European Union within the Specialised Committee on Social Security Coordination established by the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, as regards the designation of the financial institution to serve as reference to determine the interest rate for late payments and the exchange rate for currency conversions, as well as the date to be taken into consideration for determining the rates of currency conversion

European Union · EUR-Lex · 25 May 2023

Decision· DCELEX 32023D1074in force

Council Decision (EU) 2023/1074 of 25 May 2023 authorising the opening of negotiations for a protocol between the European Union and the Republic of Kazakhstan amending the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part, as regards the protection of geographical indications for agricultural products and foodstuffs, wines and spirits

European Union · EUR-Lex · 25 May 2023

Decision· DCELEX 32023D1056in force

Council Decision (EU) 2023/1056 of 25 May 2023 on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Federative Republic of Brazil 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 · 25 May 2023

Report· CCCELEX 62022CC0175decided

Opinion of Advocate General Ćapeta delivered on 25 May 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 · 25 May 2023

Report· CCCELEX 62021CC0831decided

Opinion of Advocate General Pikamäe delivered on 25 May 2023.#Fachverband Spielhallen eV and LM v European Commission.#Appeal – State aid – Article 107(1) TFEU – Concept of ‘aid’ – Condition relating to selective advantage – Tax treatment of operators of public casinos in Germany – Levy on the profits – Partial deductibility of the amounts paid in respect of that levy from the tax base for income or corporation tax and trade tax – Decision of the European Commission – Rejection of a complaint at the end of the preliminary examination stage on the ground that that deductibility does not constitute State aid – Separate finding of no economic advantage and no selectivity – Action before the General Court of the European Union limited to the finding of no selectivity – Action deemed ineffective – Identification by the Commission of the reference system or ‘normal’ tax system – Interpretation for that purpose of the applicable national tax law – Classification of the levy on the profits as a ‘special tax’ deductible in respect of ‘costs associated with commercial transactions’ – Principle ne ultra petita.#Case C-831/21 P.

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

Record· CJCELEX 62021CJ0608decided

Judgment of the Court (Fourth Chamber) of 25 May 2023.#Criminal proceedings against Politseyski organ pri 02 RU SDVR.#Request for a preliminary ruling from the Sofiyski rayonen sad.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2012/13/EU – Right to information in criminal proceedings – Article 6 – Right of a person to be informed of the charges against him or her – Article 7 – Right of access to case materials – Effective exercise of the rights of the defence – Article 6 of the Charter of Fundamental Rights of the European Union – Right to liberty and security – Communication of the grounds for detention of the suspect or accused person in a separate document – When that communication must be made.#Case C-608/21.

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

Record· TJCELEX 62021TJ0580_INFdecided

Judgment of the General Court (Fifth Chamber) of 24 May 2023.#Aleh Haidukevich v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted in view of the situation in Belarus – Freezing of funds – Restriction on entry into the territory of the Member States – Inclusion of the applicant’s name on the lists of persons, entities and bodies concerned – Duty to state reasons – Error of assessment – Proportionality.#Case T-580/21.

European Union · Court of Justice of the European Union · 24 May 2023

Record· TJCELEX 62021TJ0556_INFdecided

Judgment of the General Court (Fifth Chamber) of 24 May 2023.#Sviatlana Lyubetskaya v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted in view of the situation in Belarus – Freezing of funds – Restriction on entry into the territory of the Member States – Inclusion of the applicant’s name on the lists of persons, entities and bodies concerned – Duty to state reasons – Error of assessment – Proportionality.#Case T-556/21.

European Union · Court of Justice of the European Union · 24 May 2023

Record· TJCELEX 62021TJ0556decided

Judgment of the General Court (Fifth Chamber) of 24 May 2023.#Sviatlana Lyubetskaya v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted in view of the situation in Belarus – Freezing of funds – Restriction on entry into the territory of the Member States – Inclusion of the applicant’s name on the lists of persons, entities and bodies concerned – Duty to state reasons – Error of assessment – Proportionality.#Case T-556/21.

European Union · Court of Justice of the European Union · 24 May 2023

Record· TJCELEX 62021TJ0557decided

Judgment of the General Court (Fifth Chamber) of 24 May 2023.#Aleksandr Omeliyanyuk v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted in view of the situation in Belarus – Freezing of funds – Restriction on entry into the territory of the Member States – Inclusion of the applicant’s name on the lists of persons, entities and bodies concerned – Duty to state reasons – Error of assessment – Proportionality.#Case T-557/21.

European Union · Court of Justice of the European Union · 24 May 2023

Record· TJCELEX 62021TJ0580decided

Judgment of the General Court (Fifth Chamber) of 24 May 2023.#Aleh Haidukevich v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted in view of the situation in Belarus – Freezing of funds – Restriction on entry into the territory of the Member States – Inclusion of the applicant’s name on the lists of persons, entities and bodies concerned – Duty to state reasons – Error of assessment – Proportionality.#Case T-580/21.

European Union · Court of Justice of the European Union · 24 May 2023

Record· TJCELEX 62021TJ0579decided

Judgment of the General Court (Fifth Chamber) of 24 May 2023.#Siarhei Gusachenka v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted in view of the situation in Belarus – Freezing of funds – Restriction on entry into the territory of the Member States – Inclusion of the applicant’s name on the lists of persons, entities and bodies concerned – Duty to state reasons – Error of assessment – Proportionality – Freedom of expression.#Case T-579/21.

European Union · Court of Justice of the European Union · 24 May 2023

Record· TJCELEX 62021TJ0002_RESdecided

Judgment of the General Court (Tenth Chamber) of 24 May 2023.#Emmentaler Switzerland v European Union Intellectual Property Office.#EU trade mark – International registration designating the European Union – Word mark EMMENTALER – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Collective mark – Article 74(2) of Regulation 2017/1001 – Obligation to state reasons – Article 94 of Regulation 2017/1001.#Case T-2/21.

European Union · Court of Justice of the European Union · 24 May 2023

Record· TJCELEX 62021TJ0557_INFdecided

Judgment of the General Court (Fifth Chamber) of 24 May 2023.#Aleksandr Omeliyanyuk v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted in view of the situation in Belarus – Freezing of funds – Restriction on entry into the territory of the Member States – Inclusion of the applicant’s name on the lists of persons, entities and bodies concerned – Duty to state reasons – Error of assessment – Proportionality.#Case T-557/21.

European Union · Court of Justice of the European Union · 24 May 2023

Record· TJCELEX 62021TJ0579_INFdecided

Judgment of the General Court (Fifth Chamber) of 24 May 2023.#Siarhei Gusachenka v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted in view of the situation in Belarus – Freezing of funds – Restriction on entry into the territory of the Member States – Inclusion of the applicant’s name on the lists of persons, entities and bodies concerned – Duty to state reasons – Error of assessment – Proportionality – Freedom of expression.#Case T-579/21.

European Union · Court of Justice of the European Union · 24 May 2023

Record· TJCELEX 62021TJ0477decided

Judgment of the General Court (Second Chamber) of 24 May 2023.#Glaxo Group Ltd v European Union Intellectual Property Office.#EU trade mark – Invalidity proceedings – Three-dimensional EU trade mark – Shape of an inhaler – Absolute ground for invalidity – Distinctive character acquired through use – Article 51(2) of Regulation (EC) No 40/94 (now Article 59(2) of Regulation (EU) 2017/1001) – Obligation to state reasons – Article 94 of Regulation 2017/1001.#Case T-477/21.

European Union · Court of Justice of the European Union · 24 May 2023

Record· TJCELEX 62021TJ0002decided

Judgment of the General Court (Tenth Chamber) of 24 May 2023.#Emmentaler Switzerland v European Union Intellectual Property Office.#EU trade mark – International registration designating the European Union – Word mark EMMENTALER – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Collective mark – Article 74(2) of Regulation 2017/1001 – Obligation to state reasons – Article 94 of Regulation 2017/1001.#Case T-2/21.

European Union · Court of Justice of the European Union · 24 May 2023

Record· TJCELEX 62021TJ0477_INFdecided

Judgment of the General Court (Second Chamber) of 24 May 2023.#Glaxo Group Ltd v European Union Intellectual Property Office.#EU trade mark – Invalidity proceedings – Three-dimensional EU trade mark – Shape of an inhaler – Absolute ground for invalidity – Distinctive character acquired through use – Article 51(2) of Regulation (EC) No 40/94 (now Article 59(2) of Regulation (EU) 2017/1001) – Obligation to state reasons – Article 94 of Regulation 2017/1001.#Case T-477/21.

European Union · Court of Justice of the European Union · 24 May 2023

Proposal· PCCELEX 52023PC0264open

Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the World Forum for Harmonization of Vehicle Regulations of the United Nations Economic Commission for Europe on proposals for modifications to UN regulation Nos 13, 16, 24, 41, 49, 51, 54, 75, 78, 79, 83, 85, 94, 95, 101, 109, 110, 117, 127, 129, 134, 135, 137, 153, and 155, on a proposal for a new UN regulation on global real driving emissions, on a proposal for a modification to UN GTR No 13, and on a proposal for a new UN GTR on laboratory measurement of brake emissions for light-duty vehicles

European Union · European Commission · 23 May 2023

Decision· DCELEX 32023D2116in force

Council Decision (EU) 2023/2116 of 22 May 2023 on the position to be taken on behalf of the European Union at the 15th meeting of the Committee of Technical Experts of the Intergovernmental Organisation for International Carriage by Rail (OTIF) as regards the modification of the uniform technical prescriptions concerning the qualifications and independence of assessing entities and concerning a common safety method on risk evaluation and assessment, the modification of the rules of procedure of the Committee of Technical Experts, and the modification of the references to the technical documents of TAF TSI listed in Appendix I to the uniform technical prescriptions concerning telematics applications for freight

European Union · EUR-Lex · 22 May 2023

Record· TJCELEX 62022TJ0656decided

Judgment of the General Court (First Chamber) of 17 May 2023.#moderne Stadt Gesellschaft zur Förderung des Städtebaues und der Gemeindeentwicklung mbH v European Union Intellectual Property Office.#EU trade mark – Application for EU word mark DEUTZER HAFEN – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Equal treatment.#Case T-656/22.

European Union · Court of Justice of the European Union · 17 May 2023

Record· TJCELEX 62022TJ0657decided

Judgment of the General Court (First Chamber) of 17 May 2023.#moderne Stadt Gesellschaft zur Förderung des Städtebaues und der Gemeindeentwicklung mbH v European Union Intellectual Property Office.#EU trade mark – Application for EU word mark DEUTZER HAFEN KÖLN – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Equality of treatment.#Case T-657/22.

European Union · Court of Justice of the European Union · 17 May 2023

Record· CJCELEX 62021CJ0626decided

Judgment of the Court (Fifth Chamber) of 17 May 2023.#Funke Sp. z o.o. v Landespolizeidirektion Wien.#Request for a preliminary ruling from the Verwaltungsgerichtshof.#Reference for a preliminary ruling – Approximation of laws – Directive 2001/95/EC – Article 12 and Annex II – Technical standards and regulations – European Union Rapid Information System (RAPEX) – Guidelines – Dangerous non-food products – Implementing Decision (EU) 2019/417 – Regulation (EC) No 765/2008 – Articles 20 and 22 – Notifications to the European Commission – Administrative decision – Prohibition on the sale of certain pyrotechnic articles and obligation to withdraw – Request from a distributor of the products concerned that the notification be supplemented – Authority competent to give a decision on the request – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection.#Case C-626/21.

European Union · Court of Justice of the European Union · 17 May 2023

Record· TJCELEX 62022TJ0177decided

Judgment of the General Court (Fourth Chamber) of 17 May 2023.#Alexander Chambers and Others v European Commission.#Civil service – Members of the temporary staff – Members of the contract staff – Reimbursement of expenses – Travel expenses – Consequences of the departure of the United Kingdom from the European Union – Place of origin located in a third country – Withdrawal of entitlement to annual flat-rate payment for travel expenses – Error of assessment – Equal treatment.#Case T-177/22.

European Union · Court of Justice of the European Union · 17 May 2023

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