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251 records in EU in 2022

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Record· CJCELEX 62021CJ0069_RESdecided

Judgment of the Court (Grand Chamber) of 22 November 2022.#X v Staatssecretaris van Justitie en Veiligheid.#Reference for a preliminary ruling – Area of freedom, security and justice – Articles 4, 7 and 19 of the Charter of Fundamental Rights of the European Union – Prohibition of inhuman or degrading treatment – Respect for private and family life – Protection in the event of removal, expulsion or extradition – Right of residence on medical grounds – Common standards and procedures in Member States for returning illegally staying third-country nationals – Directive 2008/115/EC – Third-country national who is suffering from a serious illness – Medical treatment for pain relief – Treatment is not available in the country of origin – Conditions under which removal must be postponed.#Case C-69/21.

European Union · Court of Justice of the European Union · 22 November 2022

Record· TOCELEX 62021TO0801_INFdecided

Order of the General Court (Tenth Chamber) of 22 November 2022.#Fieldpoint (Cyprus) LTD v European Union Intellectual Property Office.#EU trade mark – Application for the EU word mark HYPERLIGHTEYEWEAR – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EU) 2017/1001 – Equal treatment – Action manifestly lacking any foundation in law.#Case T-801/21.

European Union · Court of Justice of the European Union · 22 November 2022

Record· CJCELEX 62021CJ0069decided

Judgment of the Court (Grand Chamber) of 22 November 2022.#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 – Area of freedom, security and justice – Articles 4, 7 and 19 of the Charter of Fundamental Rights of the European Union – Prohibition of inhuman or degrading treatment – Respect for private and family life – Protection in the event of removal, expulsion or extradition – Right of residence on medical grounds – Common standards and procedures in Member States for returning illegally staying third-country nationals – Directive 2008/115/EC – Third-country national who is suffering from a serious illness – Medical treatment for pain relief – Treatment is not available in the country of origin – Conditions under which removal must be postponed.#Case C-69/21.

European Union · Court of Justice of the European Union · 22 November 2022

Record· CJCELEX 62020CJ0024decided

Judgment of the Court (Grand Chamber) of 22 November 2022.#European Commission v Council of the European Union.#Action for annulment – Council Decision (EU) 2019/1754 – Accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications – Article 3(1) TFEU – Exclusive competence of the European Union – Article 207 TFEU – Common commercial policy – Commercial aspects of intellectual property – Article 218(6) TFEU – Right of initiative of the European Commission – Modification by the Council of the European Union of the proposal from the Commission – Article 293(1) TFEU – Applicability – Article 4(3), Article 13(2) and Article 17(2) TEU – Article 2(1) TFEU – Principles of conferral of powers, of institutional balance and of sincere cooperation.#Case C-24/20.

European Union · Court of Justice of the European Union · 22 November 2022

Record· TOCELEX 62021TO0801decided

Order of the General Court (Tenth Chamber) of 22 November 2022.#Fieldpoint (Cyprus) LTD v European Union Intellectual Property Office.#EU trade mark – Application for the EU word mark HYPERLIGHTEYEWEAR – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EU) 2017/1001 – Equal treatment – Action manifestly lacking any foundation in law.#Case T-801/21.

European Union · Court of Justice of the European Union · 22 November 2022

Record· CJCELEX 62020CJ0037decided

Judgment of the Court (Grand Chamber) of 22 November 2022.#WM and Sovim SA v Luxembourg Business Registers.#Requests for a preliminary ruling from the Tribunal d'arrondissement de Luxembourg.#Reference for a preliminary ruling – Prevention of the use of the financial system for the purposes of money laundering or terrorist financing – Directive (EU) 2018/843 amending Directive (EU) 2015/849 – Amendment to Article 30(5), first subparagraph, point (c), of Directive 2015/849 – Access for any member of the general public to the information on beneficial ownership – Validity – Articles 7 and 8 of the Charter of Fundamental Rights of the European Union – Respect for private and family life – Protection of personal data.#Joined Cases C-37/20 and C-601/20.

European Union · Court of Justice of the European Union · 22 November 2022

Record· TOCELEX 62021TO0800_INFdecided

Order of the General Court (Tenth Chamber) of 22 November 2022.#Fieldpoint (Cyprus) LTD v European Union Intellectual Property Office.#EU trade mark – Application for the EU word mark HYPERLIGHTOPTICS – Absolute ground for refusal – Descriptiveness – Article 7(1)(c) of Regulation (EU) 2017/1001 – Equal treatment – Action manifestly lacking any foundation in law.#Case T-800/21.

European Union · Court of Justice of the European Union · 22 November 2022

Record· CJCELEX 62021CJ0175_SUMdecided

Judgment of the Court (Fifth Chamber) of 17 November 2022.#Harman International Industries, Inc. v AB SA.#Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Intellectual property – EU trade mark – Regulation (EU) 2017/1001 – Article 15 – Exhaustion of the rights conferred by a trade mark – Placing on the market within the European Economic Area (EEA) – Consent of the proprietor of the trade mark – Place of first marketing of products by the proprietor of the trade mark or with its consent – Proof – Directive 2004/48/EC – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Operative part of judicial decisions not identifying the products covered – Difficulties in implementation – Restricted scope of action before the competent court for enforcement – Fair trial – Rights of the defence – Principle of the equality of arms.#Case C-175/21.

European Union · Court of Justice of the European Union · 17 November 2022

Record· CJCELEX 62021CJ0304_SUMdecided

Judgment of the Court (Seventh Chamber) of 17 November 2022.#VT v Ministero dell'Interno and Ministero dell'interno - Dipartimento della Pubblica Sicurezza - Direzione centrale per le risorse umane.#Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Article 21 of the Charter of Fundamental Rights of the European Union – Directive 2000/78/EC – Article 2(2), Article 4(1) and Article 6(1) – Prohibition of discrimination on grounds of age – National legislation fixing a maximum age limit of 30 years for the recruitment of police commissioners – Justifications.#Case C-304/21.

European Union · Court of Justice of the European Union · 17 November 2022

Record· CJCELEX 62021CJ0350decided

Judgment of the Court (Sixth Chamber) of 17 November 2022.#Proceedings brought by Spetsializirana prokuratura.#Request for a preliminary ruling from the Spetsializiran nakazatelen sad.#Reference for a preliminary ruling – Processing of personal data in the electronic communication sector – Confidentiality of communications – Providers of electronic communications services – General and indiscriminate retention of traffic and location data for a period of six months – Combatting serious crime – Access to the retained data – Informing data subjects – Right to bring an action – Directive 2002/58/EC – Article 15(1) and (2) – Directive (EU) 2016/680 – Articles 13 and 54 – Charter of Fundamental Rights of the European Union – Articles 7, 8, 11 and 47 and Article 52(1).#Case C-350/21.

European Union · Court of Justice of the European Union · 17 November 2022

Report· CCCELEX 62021CC0123decided

Opinion of Advocate General Ćapeta delivered on 17 November 2022.#Changmao Biochemical Engineering Co. Ltd v European Commission.#Appeal – Dumping – Imports of tartaric acid originating in China – Determination of normal value – Regulation (EU) 2016/1036 – Article 2(7) – Protocol on the Accession of the People’s Republic of China to the World Trade Organisation (WTO) – Article 15 – Determination of the state of vulnerability of the European Union industry – Determination of the existence of a threat of injury.#Case C-123/21 P.

European Union · Court of Justice of the European Union · 17 November 2022

Record· COCELEX 62021CO0569decided

Order of the Court (Seventh Chamber) of 17 November 2022.#Ministero dell'Interno and Presidenza del Consiglio dei ministri v PF.#Request for a preliminary ruling from the Consiglio di Stato.#Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Social policy – Equal treatment in employment and occupation – Article 21 of the Charter of Fundamental Rights of the European Union – Directive 2000/78/EC – Article 2(2), Article 4(1) and Article 6(1) – Prohibition of discrimination on grounds of age – National legislation fixing a maximum age limit of 30 years for the recruitment of technical psychologist commissioners – Justification.#Case C-569/21.

European Union · Court of Justice of the European Union · 17 November 2022

Record· CJCELEX 62021CJ0578_INFdecided

Judgment of the Court (Seventh Chamber) of 17 November 2022.#Irish Wind Farmers' Association Clg and Others v European Commission.#Appeal – State aid – Article 107(1) TFEU – Article 108(2) and (3) TFEU – Regulation (EU) 2015/1589 – Article 4 – Member State legislation on business property taxation – Methods for valuation of property used to calculate the basis of assessment of the rate payable – Complaint from wind farm operators – Allegation of an under-assessment of the basis of assessment for the business rate payable by fossil fuel electricity producers and, consequently, of a level of business rate of those electricity generators lower than that of other electricity producers due to the choice of valuation method used – Preliminary examination procedure – Decision finding that there is no State aid – No economic and selective advantage – Failure to initiate the formal investigation procedure – Concept of ‘serious difficulties’ – Extent of the European Commission’s investigative duty – Principle of sound administration – Obligation to conduct the investigation procedure diligently and impartially – Scope of review by the General Court of the European Union.#Case C-578/21 P.

European Union · Court of Justice of the European Union · 17 November 2022

Record· CJCELEX 62021CJ0175decided

Judgment of the Court (Fifth Chamber) of 17 November 2022.#Harman International Industries, Inc. v AB SA.#Request for a preliminary ruling from the Sąd Okręgowy w Warszawie.#Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Intellectual property – EU trade mark – Regulation (EU) 2017/1001 – Article 15 – Exhaustion of the rights conferred by a trade mark – Placing on the market within the European Economic Area (EEA) – Consent of the proprietor of the trade mark – Place of first marketing of products by the proprietor of the trade mark or with its consent – Proof – Directive 2004/48/EC – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Operative part of judicial decisions not identifying the products covered – Difficulties in implementation – Restricted scope of action before the competent court for enforcement – Fair trial – Rights of the defence – Principle of the equality of arms.#Case C-175/21.

European Union · Court of Justice of the European Union · 17 November 2022

Record· CJCELEX 62021CJ0304decided

Judgment of the Court (Seventh Chamber) of 17 November 2022.#VT v Ministero dell'Interno and Ministero dell'interno - Dipartimento della Pubblica Sicurezza - Direzione centrale per le risorse umane.#Request for a preliminary ruling from the Consiglio di Stato.#Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Article 21 of the Charter of Fundamental Rights of the European Union – Directive 2000/78/EC – Article 2(2), Article 4(1) and Article 6(1) – Prohibition of discrimination on grounds of age – National legislation fixing a maximum age limit of 30 years for the recruitment of police commissioners – Justifications.#Case C-304/21.

European Union · Court of Justice of the European Union · 17 November 2022

Record· CJCELEX 62021CJ0578decided

Judgment of the Court (Seventh Chamber) of 17 November 2022.#Irish Wind Farmers' Association Clg and Others v European Commission.#Appeal – State aid – Article 107(1) TFEU – Article 108(2) and (3) TFEU – Regulation (EU) 2015/1589 – Article 4 – Member State legislation on business property taxation – Methods for valuation of property used to calculate the basis of assessment of the rate payable – Complaint from wind farm operators – Allegation of an under-assessment of the basis of assessment for the business rate payable by fossil fuel electricity producers and, consequently, of a level of business rate of those electricity generators lower than that of other electricity producers due to the choice of valuation method used – Preliminary examination procedure – Decision finding that there is no State aid – No economic and selective advantage – Failure to initiate the formal investigation procedure – Concept of ‘serious difficulties’ – Extent of the European Commission’s investigative duty – Principle of sound administration – Obligation to conduct the investigation procedure diligently and impartially – Scope of review by the General Court of the European Union.#Case C-578/21 P.

European Union · Court of Justice of the European Union · 17 November 2022

Record· CJCELEX 62021CJ0350_INFdecided

Judgment of the Court (Sixth Chamber) of 17 November 2022.#Proceedings brought by Spetsializirana prokuratura.#Reference for a preliminary ruling – Processing of personal data in the electronic communication sector – Confidentiality of communications – Providers of electronic communications services – General and indiscriminate retention of traffic and location data for a period of six months – Combatting serious crime – Access to the retained data – Informing data subjects – Right to bring an action – Directive 2002/58/EC – Article 15(1) and (2) – Directive (EU) 2016/680 – Articles 13 and 54 – Charter of Fundamental Rights of the European Union – Articles 7, 8, 11 and 47 and Article 52(1).#Case C-350/21.

European Union · Court of Justice of the European Union · 17 November 2022

Record· COCELEX 62021CO0569_INFdecided

Order of the Court (Seventh Chamber) of 17 November 2022.#Ministero dell'Interno and Presidenza del Consiglio dei ministri v PF.#Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Social policy – Equal treatment in employment and occupation – Article 21 of the Charter of Fundamental Rights of the European Union – Directive 2000/78/EC – Article 2(2), Article 4(1) and Article 6(1) – Prohibition of discrimination on grounds of age – National legislation fixing a maximum age limit of 30 years for the recruitment of technical psychologist commissioners – Justification.#Case C-569/21.

European Union · Court of Justice of the European Union · 17 November 2022

Proposal· PCCELEX 52022PC0646open

Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Partnership Council 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, regarding the extension of the interim period referred to in Article 552(11) of that Agreement during which the United Kingdom may derogate from the obligation to delete Passenger Name Record data of passengers after their departure from the United Kingdom

European Union · European Commission · 17 November 2022

Record· COCELEX 62022CO0337_SUMdecided

Order of the Court (Chambre determining whether appeals should proceed) of 16 November 2022.#European Union Intellectual Property Office (EUIPO) v Nowhere Co. Ltd.#Appeal – EU trade mark – Determination as to whether appeals may proceed – Article 170b of the Rules of Procedure of the Court – Request demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Appeal allowed to proceed.#Case C-337/22 P.

European Union · Court of Justice of the European Union · 16 November 2022

Record· TJCELEX 62021TJ0512_INFdecided

Judgment of the General Court (Second Chamber) of 16 November 2022.#Epsilon Data Management LLC v European Union Intellectual Property Office.#EU trade mark – Revocation proceedings – EU figurative mark EPSILON TECHNOLOGIES – Genuine use of the mark – Article 18(1), second subparagraph, point (a), and Article 58(1)(a) of Regulation (EU) 2017/1001 – Nature of the use – Form differing in elements which do not alter the distinctive character – Use in connection with the services in respect of which the mark was registered.#Case T-512/21.

European Union · Court of Justice of the European Union · 16 November 2022

Record· TJCELEX 62021TJ0512decided

Judgment of the General Court (Second Chamber) of 16 November 2022.#Epsilon Data Management LLC v European Union Intellectual Property Office.#EU trade mark – Revocation proceedings – EU figurative mark EPSILON TECHNOLOGIES – Genuine use of the mark – Article 18(1), second subparagraph, point (a), and Article 58(1)(a) of Regulation (EU) 2017/1001 – Nature of the use – Form differing in elements which do not alter the distinctive character – Use in connection with the services in respect of which the mark was registered.#Case T-512/21.

European Union · Court of Justice of the European Union · 16 November 2022

Record· TJCELEX 62021TJ0796_INFdecided

Judgment of the General Court (Fifth Chamber) of 16 November 2022.#Grupo Eig Multimedia, SL v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – Application for EU figurative mark FORO16 – Earlier EU figurative and word marks Cambio16, Energia16, Cambio16 radio – Earlier national figurative and word marks Camb16, DEFENSA Y SEGURIDAD 16, CAMBIO16 DIGITAL, EVENTOS 16, Salón16 – Relative ground for refusal – Family of marks – No evidence – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001.#Case T-796/21.

European Union · Court of Justice of the European Union · 16 November 2022

Record· TJCELEX 62021TJ0796decided

Judgment of the General Court (Fifth Chamber) of 16 November 2022.#Grupo Eig Multimedia, SL v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – Application for EU figurative mark FORO16 – Earlier EU figurative and word marks Cambio16, Energia16, Cambio16 radio – Earlier national figurative and word marks Camb16, DEFENSA Y SEGURIDAD 16, CAMBIO16 DIGITAL, EVENTOS 16, Salón16 – Relative ground for refusal – Family of marks – No evidence – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001.#Case T-796/21.

European Union · Court of Justice of the European Union · 16 November 2022

Record· COCELEX 62022CO0337decided

Order of the Court of 16 November 2022.#European Union Intellectual Property Office v Nowhere Co. Ltd.#Appeal – EU trade mark – Determination as to whether appeals may proceed – Article 170b of the Rules of Procedure of the Court – Request demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Appeal allowed to proceed.#Case C-337/22 P.

European Union · Court of Justice of the European Union · 16 November 2022

Proposal· PCCELEX 52022PC0589open

Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union within the Partnership Council 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 adoption of a decision establishing a list of individuals who are willing and able to serve as members of an arbitration tribunal under the Agreement

European Union · European Commission · 14 November 2022

Record· TOCELEX 62022TO0528_INFdecided

Order of the President of the General Court of 11 November 2022.#Belaruskali AAT v Council of the European Union.#Interim relief – Common foreign and security policy – Restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine – Application for suspension of operation of a measure – No urgency.#Case T-528/22 R.

European Union · Court of Justice of the European Union · 11 November 2022

Record· TOCELEX 62022TO0528decided

Order of the President of the General Court of 11 November 2022.#Belaruskali AAT v Council of the European Union.#Interim relief – Common foreign and security policy – Restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine – Application for suspension of operation of a measure – No urgency.#Case T-528/22 R.

European Union · Court of Justice of the European Union · 11 November 2022

Record· CJCELEX 62021CJ0203_SUMdecided

Judgment of the Court (Fourth Chamber) of 10 November 2022.#Criminal proceedings against DELTA STROY 2003.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2005/212/JHA – Applicability – Imposition of a financial penalty on a legal person for non-payment of tax debts – Concept of ‘confiscation’ – Articles 48, 49 and 52 of the Charter of Fundamental Rights of the European Union – Penalties of a criminal nature – Principles of the presumption of innocence and the legality and proportionality of criminal offences and penalties – Rights of the defence – Imposition of a criminal penalty on a legal person for an offence committed by the representative of that legal person – Parallel criminal proceedings against that representative that have not been concluded – Proportionality.#Case C-203/21.

European Union · Court of Justice of the European Union · 10 November 2022

Record· CJCELEX 62021CJ0163_RESdecided

Judgment of the Court (Second Chamber) of 10 November 2022.#AD v PACCAR Inc and Others.#Reference for a preliminary ruling – Competition – Compensation for harm caused by a practice prohibited under Article 101(1) TFEU – Collusive arrangements on pricing and gross price increases for trucks in the European Economic Area (EEA) – Directive 2014/104/EU – Rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union – Article 22(2) – Applicability ratione temporis – First subparagraph of Article 5(1) – Concept of relevant evidence which lies in the control of the defendant or a third party – Article 5(2) – Disclosure of specified items of evidence or relevant categories of evidence on the basis of reasonably available facts – Article 5(3) – Review of the proportionality of the request to disclose evidence – Balancing the legitimate interests of the parties and third parties – Scope of the obligations resulting from those provisions.#Case C-163/21.

European Union · Court of Justice of the European Union · 10 November 2022

Record· CJCELEX 62021CJ0163decided

Judgment of the Court (Second Chamber) of 10 November 2022.#AD v PACCAR Inc and Others.#Request for a preliminary ruling from the Juzgado Mercantil de Barcelona.#Reference for a preliminary ruling – Competition – Compensation for harm caused by a practice prohibited under Article 101(1) TFEU – Collusive arrangements on pricing and gross price increases for trucks in the European Economic Area (EEA) – Directive 2014/104/EU – Rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union – Article 22(2) – Applicability ratione temporis – First subparagraph of Article 5(1) – Concept of relevant evidence which lies in the control of the defendant or a third party – Article 5(2) – Disclosure of specified items of evidence or relevant categories of evidence on the basis of reasonably available facts – Article 5(3) – Review of the proportionality of the request to disclose evidence – Balancing the legitimate interests of the parties and third parties – Scope of the obligations resulting from those provisions.#Case C-163/21.

European Union · Court of Justice of the European Union · 10 November 2022

Report· CCCELEX 62021CC0040decided

Opinion of Advocate General Emiliou delivered on 10 November 2022.#T.A.C. v Agenția Națională de Integritate (ANI).#Request for a preliminary ruling from the Curtea de Apel Timişoara.#Reference for a preliminary ruling – Decision 2006/928/EC – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Charter of Fundamental Rights of the European Union – Article 15(1) – Article 47 – Article 49(3) – Elective public office – Conflict of interests – National legislation prohibiting the holding of elective public office for a predetermined period – Penalty additional to the termination of the term of office – Principle of proportionality.#Case C-40/21.

European Union · Court of Justice of the European Union · 10 November 2022

Record· TJCELEX 62021TJ0164_RESdecided

Judgment of the General Court (Seventh Chamber) of 9 November 2022 (Extracts).#QM v European Union Agency for Law Enforcement Cooperation.#Civil service – Members of temporary staff – Non-renewal of a fixed-term contract for an indefinite period – Interest of the service – Error in law – Manifest error of assessment – Right to a hearing – Principle of sound administration – Duty of care.#Case T-164/21.

European Union · Court of Justice of the European Union · 9 November 2022

Record· TJCELEX 62021TJ0601decided

Judgment of the General Court (Second Chamber) of 9 November 2022.#Pharmadom v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – Application for EU word mark WELLMONDE – Earlier national word mark WELL AND WELL – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001).#Case T-601/21.

European Union · Court of Justice of the European Union · 9 November 2022

Record· TJCELEX 62021TJ0779decided

Judgment of the General Court (Fifth Chamber) of 9 November 2022.#Financiere Batteur v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – Application for the EU figurative mark by L.e.n.o beauty – Earlier national word mark LAINO – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001.#Case T-779/21.

European Union · Court of Justice of the European Union · 9 November 2022

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