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151 records in EU in 2022

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Records

Record· CJCELEX 62021CJ0348decided

Judgment of the Court (Third Chamber) of 8 December 2022.#Criminal proceedings against HYA and Others.#Request for a preliminary ruling from the Spetsializiran nakazatelen sad.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – 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 8(1) – Right of an accused person to be present at the trial – Second paragraph of Article 47 and Article 48(2) of the Charter of Fundamental Rights of the European Union – Right to a fair trial and rights of the defence – Examination of witnesses for the prosecution in the absence of the accused person and his or her lawyer at the pre-trial stage of the criminal proceedings – Impossibility of examining witnesses for the prosecution during the judicial stage of those proceedings – National legislation allowing a criminal court to base its decision on the prior testimony of those witnesses.#Case C-348/21.

European Union · Court of Justice of the European Union · 8 December 2022

Record· CJCELEX 62020CJ0460decided

Judgment of the Court (Grand Chamber) of 8 December 2022.#TU and RE v Google LLC.#Request for a preliminary ruling from the Bundesgerichtshof.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Directive 95/46/EC – Article 12(b) – Point (a) of the first paragraph of Article 14 – Regulation (EU) 2016/679 – Article 17(3)(a) – Operator of an internet search engine – Research carried out on the basis of a person’s name – Displaying a link to articles containing allegedly inaccurate information in the list of search results – Displaying, in the form of thumbnails, photographs illustrating those articles in the list of results of an image search – Request for de-referencing made to the operator of the search engine – Weighing-up of fundamental rights – Articles 7, 8, 11 and 16 of the Charter of Fundamental Rights of the European Union – Obligations and responsibilities of the operator of the search engine in respect of processing a request for de-referencing – Burden of proof on the person requesting de-referencing.#Case C-460/20.

European Union · Court of Justice of the European Union · 8 December 2022

Record· CJCELEX 62020CJ0694decided

Judgment of the Court (Grand Chamber) of 8 December 2022.#Orde van Vlaamse Balies and Others v Vlaamse Regering.#Request for a preliminary ruling from the Grondwettelijk Hof.#Reference for a preliminary ruling – Administrative cooperation in the field of taxation – Mandatory automatic exchange of information in relation to reportable cross-border arrangements – Directive 2011/16/EU, as amended by Directive (EU) 2018/822 – Article 8ab(5) – Validity – Legal professional privilege of the lawyer – Exemption from the reporting obligation for the benefit of lawyer-intermediaries subject to legal professional privilege – Obligation on that lawyer-intermediary to notify any other intermediary who is not his or her client of that intermediary’s reporting obligations – Articles 7 and 47 of the Charter of Fundamental Rights of the European Union.#Case C-694/20.

European Union · Court of Justice of the European Union · 8 December 2022

Record· CJCELEX 62022CJ0492decided

Judgment of the Court (First Chamber) of 8 December 2022.#CJ.#Request for a preliminary ruling from the Rechtbank Amsterdam.#Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 6(2) – Determination of the competent judicial authorities – Decision to postpone surrender adopted by a body not having the status of executing judicial authority – Article 23 – Expiry of the time limits provided for surrender – Consequences – Article 12 and Article 24(1) – Keeping the requested person in detention for the purposes of criminal proceedings in the executing Member State – Articles 6, 47 and 48 of the Charter of Fundamental Rights of the European Union – Right of the accused person to appear in person at his trial.#Case C-492/22 PPU.

European Union · Court of Justice of the European Union · 8 December 2022

Record· TJCELEX 62021TJ0487_RESdecided

Judgment of the General Court (Tenth Chamber, Extended Composition) of 7 December 2022.#Neoperl AG v European Union Intellectual Property Office.#EU trade mark – Application for an EU trade mark representing a cylindrical sanitary insert part – Tactile position mark – Absolute grounds for refusal – Scope of the law – Court acting of its own motion – Examination of distinctive character by the Board of Appeal – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Sign not capable of constituting an EU trade mark – Absence of a precise and self-contained graphic representation of the tactile impression produced by the sign – Article 4 and Article 7(1)(a) of Regulation No 207/2009 (now Article 4 and Article 7(1)(a) of Regulation 2017/1001).#Case T-487/21.

European Union · Court of Justice of the European Union · 7 December 2022

Record· COCELEX 62022CO0550_INFdecided

Order of the Court of 7 December 2022.#Compass Tex Ltd 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, coherence or development of EU law – Refusal to allow the appeal to proceed.#Case C-550/22 P.

European Union · Court of Justice of the European Union · 7 December 2022

Record· TJCELEX 62021TJ0738_INFdecided

Judgment of the General Court (Single Judge) of 7 December 2022.#Bora Creations, SL v European Union Intellectual Property Office.#EU trade mark – Invalidity proceedings – EU figurative mark essence – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Lack of distinctive character – Article 7(1)(b) of Regulation 2017/1001.#Case T-738/21.

European Union · Court of Justice of the European Union · 7 December 2022

Record· TJCELEX 62021TJ0487decided

Judgment of the General Court (Tenth Chamber, Extended Composition) of 7 December 2022.#Neoperl AG v European Union Intellectual Property Office.#EU trade mark – Application for an EU trade mark representing a cylindrical sanitary insert part – Tactile position mark – Absolute grounds for refusal – Scope of the law – Court acting of its own motion – Examination of distinctive character by the Board of Appeal – Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) – Sign not capable of constituting an EU trade mark – Absence of a precise and self-contained graphic representation of the tactile impression produced by the sign – Article 4 and Article 7(1)(a) of Regulation No 207/2009 (now Article 4 and Article 7(1)(a) of Regulation 2017/1001).#Case T-487/21.

European Union · Court of Justice of the European Union · 7 December 2022

Record· TJCELEX 62022TJ0159_INFdecided

Judgment of the General Court (First Chamber) of 7 December 2022.#Sanetview, SLU v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – Application for EU figurative mark Las Cebras – Earlier national figurative mark LEZEBRA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001.#Case T-159/22.

European Union · Court of Justice of the European Union · 7 December 2022

Record· TJCELEX 62021TJ0738decided

Judgment of the General Court (Single Judge) of 7 December 2022.#Bora Creations, SL v European Union Intellectual Property Office.#EU trade mark – Invalidity proceedings – EU figurative mark essence – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – Lack of distinctive character – Article 7(1)(b) of Regulation 2017/1001.#Case T-738/21.

European Union · Court of Justice of the European Union · 7 December 2022

Decision· DCELEX 32022D2408in force

Council Decision (EU) 2022/2408 of 5 December 2022 on the position to be taken on behalf of the European Union in the Regional Steering Committee of the Transport Community as regards the amendment of the Regional Steering Committee rules of procedure, of the Staff Regulations, and as regards the introduction of the rules of procedure of the Conciliation Committee and of the rules on dispute settlement for the Transport Community Permanent Secretariat

European Union · EUR-Lex · 5 December 2022

Record· COCELEX 62022CO0612decided

Order of the Court (Chamber determining whether appeals may proceed) of 5 December 2022.#Tigercat International Inc. 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-612/22 P.

European Union · Court of Justice of the European Union · 5 December 2022

Record· COCELEX 62022CO0594decided

Order of the Court (Chamber determining whether appeals may proceed) of 5 December 2022.#Gugler France 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-594/22 P.

European Union · Court of Justice of the European Union · 5 December 2022

Record· COCELEX 62022CO0571decided

Order of the Court (Chamber determining whether appeals may proceed) of 5 December 2022.#Unite the Union 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-571/22 P.

European Union · Court of Justice of the European Union · 5 December 2022

Record· COCELEX 62022CO0612_INFdecided

Order of the Court (Chamber determining whether appeals may proceed) of 5 December 2022.#Tigercat International Inc. 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-612/22 P.

European Union · Court of Justice of the European Union · 5 December 2022

Record· COCELEX 62022CO0594_INFdecided

Order of the Court (Chamber determining whether appeals may proceed) of 5 December 2022.#Gugler France 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-594/22 P.

European Union · Court of Justice of the European Union · 5 December 2022

Record· COCELEX 62022CO0571_INFdecided

Order of the Court (Chamber determining whether appeals may proceed) of 5 December 2022.#Unite the Union 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-571/22 P.

European Union · Court of Justice of the European Union · 5 December 2022

Proposal· PCCELEX 52022PC0683open

Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in 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 use of the Electronic Exchange of Social Security Information for the transmission of data between institutions or liaison bodies

European Union · European Commission · 2 December 2022

Record· CJCELEX 62021CJ0512_SUMdecided

Judgment of the Court (Tenth Chamber) of 1 December 2022.#Aquila Part Prod Com S.A v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága.#Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 168 – Right to deduct VAT – Principles of fiscal neutrality, effectiveness and proportionality – Evasion – Proof – Duty of diligence on the part of the taxable person – Taking into account of a breach of obligations arising from national provisions and from EU law relating to the safety of the food supply chain – Authority granted by the taxable person to a third party to carry out the taxable transactions – Charter of Fundamental Rights of the European Union – Article 47 – Right to a fair hearing.#Case C-512/21.

European Union · Court of Justice of the European Union · 1 December 2022

Record· CJCELEX 62021CJ0564_SUMdecided

Judgment of the Court (Tenth Chamber) of 1 December 2022.#BU v Bundesrepublik Deutschland.#Reference for a preliminary ruling – Fundamental rights – Right to an effective remedy – Article 47 of the Charter of Fundamental Rights of the European Union – Asylum policy – Directive 2013/32/EU – Article 11(1), Article 23(1) and Article 46(1) and (3) – Access to information in the applicant’s file – Completeness of the file – Metadata – Communication of that file in the form of individual unstructured electronic files – Information in writing – Digitised copy of the decision bearing a handwritten signature – Keeping of the electronic file without archiving a paper file.#Case C-564/21.

European Union · Court of Justice of the European Union · 1 December 2022

Record· CJCELEX 62020CJ0653decided

Judgment of the Court (Sixth Chamber) of 1 December 2022.#European Union Intellectual Property Office v Guillaume Vincenti.#Appeal – Civil Service – Officials – Staff Regulations of Officials of the European Union – Article 45(1) – Promotion – Decision not to promote an official – Article 41(1) and (2)(a) of the Charter of Fundamental Rights of the European Union – Right to be heard – Duty to state reasons.#Case C-653/20 P.

European Union · Court of Justice of the European Union · 1 December 2022

Record· CJCELEX 62020CJ0653_INFdecided

Judgment of the Court (Sixth Chamber) of 1 December 2022.#European Union Intellectual Property Office v Guillaume Vincenti.#Appeal – Civil Service – Officials – Staff Regulations of Officials of the European Union – Article 45(1) – Promotion – Decision not to promote an official – Article 41(1) and (2)(a) of the Charter of Fundamental Rights of the European Union – Right to be heard – Duty to state reasons.#Case C-653/20 P.

European Union · Court of Justice of the European Union · 1 December 2022

Record· CJCELEX 62021CJ0564decided

Judgment of the Court (Tenth Chamber) of 1 December 2022.#BU v Bundesrepublik Deutschland.#Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden.#Reference for a preliminary ruling – Fundamental rights – Right to an effective remedy – Article 47 of the Charter of Fundamental Rights of the European Union – Asylum policy – Directive 2013/32/EU – Article 11(1), Article 23(1) and Article 46(1) and (3) – Access to information in the applicant’s file – Completeness of the file – Metadata – Communication of that file in the form of individual unstructured electronic files – Information in writing – Digitised copy of the decision bearing a handwritten signature – Keeping of the electronic file without archiving a paper file.#Case C-564/21.

European Union · Court of Justice of the European Union · 1 December 2022

Report· CCCELEX 62021CC0626decided

Opinion of Advocate General Ćapeta delivered on 1 December 2022.#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 · 1 December 2022

Record· CJCELEX 62021CJ0512decided

Judgment of the Court (Tenth Chamber) of 1 December 2022.#Aquila Part Prod Com S.A v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága.#Request for a preliminary ruling from the Fővárosi Törvényszék.#Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 168 – Right to deduct VAT – Principles of fiscal neutrality, effectiveness and proportionality – Evasion – Proof – Duty of diligence on the part of the taxable person – Taking into account of a breach of obligations arising from national provisions and from EU law relating to the safety of the food supply chain – Authority granted by the taxable person to a third party to carry out the taxable transactions – Charter of Fundamental Rights of the European Union – Article 47 – Right to a fair hearing.#Case C-512/21.

European Union · Court of Justice of the European Union · 1 December 2022

Record· TJCELEX 62021TJ0611_RESdecided

Judgment of the General Court (Second Chamber) of 30 November 2022.#ADS L. Kowalik, B. Włodarczyk s.c. v European Union Intellectual Property Office.#Community design – Invalidity proceedings – Registered Community design representing an accessory for wireless remote controls – Ground for invalidity – Features of the appearance of a product solely dictated by its technical function – Article 8(1) and Article 25(1)(b) of Regulation (EC) No 6/2002 – Facts or evidence submitted for the first time before the Board of Appeal – Article 63(2) of Regulation No 6/2002 – Obligation to state reasons – Article 41(1) and (2)(c) of the Charter of Fundamental Rights.#Case T-611/21.

European Union · Court of Justice of the European Union · 30 November 2022

Record· TJCELEX 62014TJ0316(01)_RESdecided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 November 2022.#Kurdistan Workers' Party (PKK) v Council of the European Union.#Common foreign and security policy – Restrictive measures against the PKK with a view to combating terrorism – Freezing of funds – Common Position 2001/931/CFSP – Applicability to situations of armed conflict – Terrorist group – Factual basis of the fund-freezing decisions – Decision taken by a competent authority – Authority of a third State – Review – Proportionality – Obligation to state reasons – Rights of the defence – Right to effective judicial protection – Modification of the application.#Joined Cases T-316/14 RENV and T-148/19.

European Union · Court of Justice of the European Union · 30 November 2022

Record· TJCELEX 62022TJ0155decided

Judgment of the General Court (Third Chamber) of 30 November 2022.#ZAO Korporaciya 'Masternet”'v European Union Intellectual Property Office.#EU trade mark – Revocation proceedings – EU figurative mark STAYER – Genuine use of the mark – Article 15 and Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 18 and Article 58(1)(a) of Regulation (EU) 2017/1001) – Classification of the goods in respect of which genuine use has been shown.#Case T-155/22.

European Union · Court of Justice of the European Union · 30 November 2022

Record· TJCELEX 62014TJ0316(01)decided

Judgment of the General Court (Fourth Chamber, Extended Composition) of 30 November 2022.#Kurdistan Workers' Party (PKK) v Council of the European Union.#Common foreign and security policy – Restrictive measures against the PKK with a view to combating terrorism – Freezing of funds – Common Position 2001/931/CFSP – Applicability to situations of armed conflict – Terrorist group – Factual basis of the fund-freezing decisions – Decision taken by a competent authority – Authority of a third State – Review – Proportionality – Obligation to state reasons – Rights of the defence – Right to effective judicial protection – Modification of the application.#Joined Cases T-316/14 RENV and T-148/19.

European Union · Court of Justice of the European Union · 30 November 2022

Record· COCELEX 62022CO0617decided

Order of the Vice-President of the Court of 30 November 2022.#European Association of Non-Integrated Metal Importers & distributors (Euranimi) v European Aluminium Association (EAA) and European Commission.#Appeal – Intervention – Admissibility of the appeal – Appeal under Article 56 of the Statute of the Court of Justice of the European Union – Appeal brought out of time.#Case C-617/22 P(I).

European Union · Court of Justice of the European Union · 30 November 2022

Record· COCELEX 62022CO0618decided

Order of the Vice-President of the Court of 30 November 2022.#European Association of Non-Integrated Metal Importers & distributors (Euranimi) v European Aluminium Association (EAA) and European Commission.#Appeal – Intervention – Admissibility of the appeal – Appeal under Article 56 of the Statute of the Court of Justice of the European Union – Appeal brought out of time.#Case C-618/22 P(I).

European Union · Court of Justice of the European Union · 30 November 2022

Record· TJCELEX 62022TJ0012_INFdecided

Judgment of the General Court (Third Chamber) of 30 November 2022.#Hasco TM sp. z o.o. sp.k. v European Union Intellectual Property Office.#EU trade mark – Invalidity proceedings – EU word mark NATURCAPS – Earlier national word mark NATURKAPS – No genuine use of the earlier trade mark – Article 64(2) of Regulation (EU) 2017/1001 – Classification of pharmaceutical products and food supplements.#Case T-12/22.

European Union · Court of Justice of the European Union · 30 November 2022

Record· TJCELEX 62022TJ0085_INFdecided

Judgment of the General Court (Third Chamber) of 30 November 2022.#ZAO Korporaciya “Masternet” v European Union Intellectual Property Office.#EU trade mark – Revocation proceedings – EU word mark STAYER – Genuine use of the mark – Article 15 and Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 18 and Article 58(1)(a) of Regulation (EU) 2017/1001) – Classification of the goods in respect of which genuine use has been shown.#Case T-85/22.

European Union · Court of Justice of the European Union · 30 November 2022

Record· TJCELEX 62021TJ0678_INFdecided

Judgment of the General Court (Ninth Chamber) of 30 November 2022.#Mendes SA v European Union Intellectual Property Office.#EU trade mark – Invalidity proceedings – EU word mark VSL3TOTAL – Earlier EU word mark VSL#3 – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Similarity of the goods – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001).#Case T-678/21.

European Union · Court of Justice of the European Union · 30 November 2022

Record· TJCELEX 62021TJ0612_INFdecided

Judgment of the General Court (Second Chamber) of 30 November 2022.#ADS L. Kowalik, B. Włodarczyk s.c. v European Union Intellectual Property Office.#Community design – Invalidity proceedings – Registered Community design representing an accessory for a wireless remote control – Ground for invalidity – Features of appearance of a product which are solely dictated by its technical function – Article 8(1) and Article 25(1)(b) of Regulation (EC) No 6/2002 – Facts or evidence submitted for the first time before the Board of Appeal – Article 63(2) of Regulation No 6/2002 – Obligation to state reasons – Article 41(1) and (2)(c) of the Charter of Fundamental Rights.#Case T-612/21.

European Union · Court of Justice of the European Union · 30 November 2022

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