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301 records in EU in 2022

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Records

Record· TJCELEX 62022TJ0013decided

Judgment of the General Court (Third Chamber) of 9 November 2022.#Alexandra Loutsou v European Union Intellectual Property Office.#EU trade mark – Application for EU figurative mark POLIS LOUTRON – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – No distinctive character – Article 7(1)(b) of Regulation 2017/1001.#Case T-13/22.

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

Record· COCELEX 62022CO0243decided

Order of the Court (Ninth Chamber) of 9 November 2022.#Criminal proceedings against AB.#Request for a preliminary ruling from the Giudice di pace di Lecce.#Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Scope – Article 49 – Principles of legality and proportionality of criminal offences and penalties – Exclusion of the criminal liability of the infringement on account of its lack of a particularly serious nature – National case-law prohibiting the application of a national rule before the Magistrate – Lack of connection to EU law – Clear lack of jurisdiction of the Court.#Case C-243/22.

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

Record· TJCELEX 62021TJ0639decided

Judgment of the General Court (Ninth Chamber) of 9 November 2022.#Groupement des cartes bancaires (CB) v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – Application for the EU figurative mark CCB – Earlier EU figurative mark CB – Earlier international registration designating the European Union – Figurative mark CB – Relative grounds for refusal – No likelihood of confusion – Reputation and enhanced distinctiveness of the earlier mark – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Article 94(1) of Regulation 2017/1001.#Case T-639/21.

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

Record· TJCELEX 62021TJ0596decided

Judgment of the General Court (Ninth Chamber) of 9 November 2022.#Société Elmar Wolf v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark representing a head – Earlier national figurative mark representing the head of a canine – Earlier international registration designating the European Union – Figurative mark representing the head of a canine – Article 8(1)(b) of Regulation (EC) No 207/2009 – Relative ground for refusal – No likelihood of confusion.#Case T-596/21.

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

Record· TJCELEX 62021TJ0779_INFdecided

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

Record· TJCELEX 62021TJ0601_INFdecided

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· COCELEX 62022CO0243_INFdecided

Order of the Court (Ninth Chamber) of 9 November 2022.#Criminal proceedings against AB.#Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Scope – Article 49 – Principles of legality and proportionality of criminal offences and penalties – Exclusion of the criminal liability of the infringement on account of its lack of a particularly serious nature – National case-law prohibiting the application of a national rule before the Magistrate – Lack of connection to EU law – Clear lack of jurisdiction of the Court.#Case C-243/22.

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

Record· TJCELEX 62022TJ0013_INFdecided

Judgment of the General Court (Third Chamber) of 9 November 2022.#Alexandra Loutsou v European Union Intellectual Property Office.#EU trade mark – Application for EU figurative mark POLIS LOUTRON – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EU) 2017/1001 – No distinctive character – Article 7(1)(b) of Regulation 2017/1001.#Case T-13/22.

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

Record· TJCELEX 62021TJ0164decided

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 62021TJ0596_INFdecided

Judgment of the General Court (Ninth Chamber) of 9 November 2022.#Société Elmar Wolf v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark representing a head – Earlier national figurative mark representing the head of a canine – Earlier international registration designating the European Union – Figurative mark representing the head of a canine – Article 8(1)(b) of Regulation (EC) No 207/2009 – Relative ground for refusal – No likelihood of confusion.#Case T-596/21.

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

Record· TJCELEX 62021TJ0639_INFdecided

Judgment of the General Court (Ninth Chamber) of 9 November 2022.#Groupement des cartes bancaires (CB) v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – Application for the EU figurative mark CCB – Earlier EU figurative mark CB – Earlier international registration designating the European Union – Figurative mark CB – Relative grounds for refusal – No likelihood of confusion – Reputation and enhanced distinctiveness of the earlier mark – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) – Article 94(1) of Regulation 2017/1001.#Case T-639/21.

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

Decision· DCELEX 32022D2197in force

Council Decision (EU) 2022/2197 of 8 November 2022 on the position to be taken on behalf of the European Union within the Specialised Committee on Road Transport 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 technical and procedural specifications of the use of the Internal Market Information System (IMI) by the United Kingdom and the amount and modalities of the financial contribution to be made by the United Kingdom to the general budget of the Union in respect of the cost generated by its use of IMI

European Union · EUR-Lex · 8 November 2022

Decision· DCELEX 32022D2200in force

Council Decision (EU) 2022/2200 of 8 November 2022 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 regulations Nos 0, 13, 24, 34, 43, 48, 67, 83, 90, 118, 125, 127, 129, 149, 151, 158, 159, 161, 162 and 163, on a proposal for a new UN regulation on Vulnerable Road Users in Front and Side Close Proximity, on a proposal for a new UN Regulation on the Approval of Motor Vehicles with Regard to their Direct Vision, and on a proposal for an amendment to M.R.1

European Union · EUR-Lex · 8 November 2022

Record· CJCELEX 62019CJ0873_RESdecided

Judgment of the Court (Grand Chamber) of 8 November 2022.#Deutsche Umwelthilfe eV v Bundesrepublik Deutschland.#Reference for a preliminary ruling – Environment – Aarhus Convention – Access to justice – Article 9(3) – Charter of Fundamental Rights of the European Union – Article 47, first paragraph – Right to effective judicial protection – Environmental association – Standing of such an association to bring an action before a national court against EC type-approval granted to certain vehicles – Regulation (EC) No 715/2007 – Article 5(2)(a) – Motor vehicles – Diesel engine – Pollutant emissions – Valve for exhaust gas recirculation (EGR valve) – Reduction of nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Defeat device – Authorisation of such a device where the need is justified in terms of protecting the engine against damage or accident and for safe operation of the vehicle – State of the art.#Case C-873/19.

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

Record· CJCELEX 62020CJ0704_RESdecided

Judgment of the Court (Grand Chamber) of 8 November 2022.#Staatssecretaris van Justitie en Veiligheid v C and B and X v Staatssecretaris van Justitie en Veiligheid.#References for a preliminary ruling – Area of freedom, security and justice – Detention of third-country nationals – Fundamental right to liberty – Article 6 of the Charter of Fundamental Rights of the European Union – Conditions governing the lawfulness of detention – Directive 2008/115/EC – Article 15 – Directive 2013/33/EU – Article 9 – Regulation (EU) No 604/2013 – Article 28 – Review of the lawfulness of detention and of the continuation of a detention measure – Ex officio review – Fundamental right to an effective judicial remedy – Article 47 of the Charter of Fundamental Rights.#Joined Cases C-704/20 and C-39/21.

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

Record· TOCELEX 62021TO0672decided

Order of the General Court (Sixth Chamber) of 8 November 2022.#Grupa 'LEW' S.A. v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark GRUPALEW. – Earlier national figurative mark LEW – Relative grounds for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Proof of genuine use – Article 10(1) of Delegated Regulation (EU) 2018/625 – Article 71(1) of Delegated Regulation 2018/625 – Action manifestly lacking any foundation in law.#Case T-672/21.

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

Record· COCELEX 62022CO0405decided

Order of the Court of 8 November 2022.#Mandelay Magyarország Kereskedelmi Kft. (Mandelay Kft.) 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-405/22 P.

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

Record· CJCELEX 62019CJ0873decided

Judgment of the Court (Grand Chamber) of 8 November 2022.#Deutsche Umwelthilfe eV v Bundesrepublik Deutschland.#Request for a preliminary ruling from the Schleswig-Holsteinisches Verwaltungsgericht.#Reference for a preliminary ruling – Environment – Aarhus Convention – Access to justice – Article 9(3) – Charter of Fundamental Rights of the European Union – Article 47, first paragraph – Right to effective judicial protection – Environmental association – Standing of such an association to bring an action before a national court against EC type-approval granted to certain vehicles – Regulation (EC) No 715/2007 – Article 5(2)(a) – Motor vehicles – Diesel engine – Pollutant emissions – Valve for exhaust gas recirculation (EGR valve) – Reduction of nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Defeat device – Authorisation of such a device where the need is justified in terms of protecting the engine against damage or accident and for safe operation of the vehicle – State of the art.#Case C-873/19.

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

Record· TOCELEX 62021TO0672_INFdecided

Order of the General Court (Sixth Chamber) of 8 November 2022.#Grupa 'LEW' S.A. v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – International registration designating the European Union – Figurative mark GRUPALEW. – Earlier national figurative mark LEW – Relative grounds for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Proof of genuine use – Article 10(1) of Delegated Regulation (EU) 2018/625 – Article 71(1) of Delegated Regulation 2018/625 – Action manifestly lacking any foundation in law.#Case T-672/21.

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

Record· CJCELEX 62020CJ0704decided

Judgment of the Court (Grand Chamber) of 8 November 2022.#Staatssecretaris van Justitie en Veiligheid v C and B and X v Staatssecretaris van Justitie en Veiligheid.#Requests for a preliminary ruling from the Raad van State and Rechtbank Den Haag, zittingsplaats 's-Hertogenbosch.#References for a preliminary ruling – Area of freedom, security and justice – Detention of third-country nationals – Fundamental right to liberty – Article 6 of the Charter of Fundamental Rights of the European Union – Conditions governing the lawfulness of detention – Directive 2008/115/EC – Article 15 – Directive 2013/33/EU – Article 9 – Regulation (EU) No 604/2013 – Article 28 – Review of the lawfulness of detention and of the continuation of a detention measure – Ex officio review – Fundamental right to an effective judicial remedy – Article 47 of the Charter of Fundamental Rights.#Joined Cases C-704/20 and C-39/21.

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

Record· COCELEX 62022CO0405_INFdecided

Order of the Court of 8 November 2022.#Mandelay Magyarország Kereskedelmi Kft. (Mandelay Kft.) 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-405/22 P.

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

Record· COCELEX 62019CO0859_SUMdecided

Order of the Court (Sixth Chamber) of 7 November 2022.#Criminal proceedings against FX and Others.#References for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Fight against corruption – Protection of the European Union’s financial interests – Article 325(1) TFEU – PFI Convention – Decision 2006/928/EC – Criminal proceedings – Decisions of the Curtea Constituțională (Constitutional Court, Romania) concerning the composition of panels hearing cases relating to serious corruption – Duty on national courts to give full effect to decisions of the Curtea Constituțională (Constitutional Court) – Disciplinary liability of judges in the event of non-compliance with such decisions – Power to disapply decisions of the Curtea Constituțională (Constitutional Court) that are inconsistent with EU law – Principle of primacy of EU law.#Joined Cases C-859/19, C-926/19 and C-929/19.

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

Record· COCELEX 62019CO0859decided

Order of the Court (Sixth Chamber) of 7 November 2022.#Criminal proceedings against FX and Others.#Requests for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie.#References for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Fight against corruption – Protection of the European Union’s financial interests – Article 325(1) TFEU – PFI Convention – Decision 2006/928/EC – Criminal proceedings – Decisions of the Curtea Constituțională (Constitutional Court, Romania) concerning the composition of panels hearing cases relating to serious corruption – Duty on national courts to give full effect to decisions of the Curtea Constituțională (Constitutional Court) – Disciplinary liability of judges in the event of non-compliance with such decisions – Power to disapply decisions of the Curtea Constituțională (Constitutional Court) that are inconsistent with EU law – Principle of primacy of EU law.#Joined Cases C-859/19, C-926/19 and C-929/19.

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

Record· CJCELEX 62022CJ0435_RESdecided

Judgment of the Court (Grand Chamber) of 28 October 2022.#Criminal proceedings against HF.#Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – Charter of Fundamental Rights of the European Union – Article 50 – Convention implementing the Schengen Agreement – Article 54 – Principle ne bis in idem – Extradition agreement between the European Union and the United States of America – Extradition of a third-country national to the United States under a bilateral treaty concluded by a Member State – National who has been convicted by final judgment for the same acts and has served his sentence in full in another Member State.#Case C-435/22 PPU.

European Union · Court of Justice of the European Union · 28 October 2022

Record· CJCELEX 62022CJ0435decided

Judgment of the Court (Grand Chamber) of 28 October 2022.#Criminal proceedings against HF.#Request for a preliminary ruling from the Oberlandesgericht München.#Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – Charter of Fundamental Rights of the European Union – Article 50 – Convention implementing the Schengen Agreement – Article 54 – Principle ne bis in idem – Extradition agreement between the European Union and the United States of America – Extradition of a third-country national to the United States under a bilateral treaty concluded by a Member State – National who has been convicted by final judgment for the same acts and has served his sentence in full in another Member State.#Case C-435/22 PPU.

European Union · Court of Justice of the European Union · 28 October 2022

Record· CJCELEX 62021CJ0539decided

Judgment of the Court (Eighth Chamber) of 27 October 2022.#CE v Comittee of the Regions.#Appeal – Civil Service – Members of the temporary staff – Conditions of Employment of Other Servants of the European Union – Article 2(c) – Contract for an indefinite period – Early termination with notice – Article 47(c)(i) – Breakdown in relationship of trust – Terms implementing the notice – Manifest error of assessment and error of law – Omissions – Action for annulment and for damages.#Case C-539/21 P.

European Union · Court of Justice of the European Union · 27 October 2022

Record· CJCELEX 62021CJ0539_INFdecided

Judgment of the Court (Eighth Chamber) of 27 October 2022.#CE v Comittee of the Regions.#Appeal – Civil Service – Members of the temporary staff – Conditions of Employment of Other Servants of the European Union – Article 2(c) – Contract for an indefinite period – Early termination with notice – Article 47(c)(i) – Breakdown in relationship of trust – Terms implementing the notice – Manifest error of assessment and error of law – Omissions – Action for annulment and for damages.#Case C-539/21 P.

European Union · Court of Justice of the European Union · 27 October 2022

Report· CCCELEX 62022CC0492decided

Opinion of Advocate General Kokott delivered on 27 October 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 · 27 October 2022

Report· CCCELEX 62021CC0470decided

Opinion of Advocate General Szpunar delivered on 28 September 2023.#La Quadrature du Net and Others v Premier ministre and Ministère de la Culture.#Request for a preliminary ruling from the Conseil d'État (France).#Reference for a preliminary ruling – Processing of personal data and the protection of privacy in the electronic communications sector – Directive 2002/58/EC – Confidentiality of electronic communications – Protection – Article 5 and Article 15(1) – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 11 and Article 52(1) – National legislation aimed at combating, through action by a public authority, counterfeiting offences committed on the internet – ‘Graduated response’ procedure – Upstream collection by rightholder organisations of IP addresses used for activities infringing copyright or related rights – Downstream access by the public authority responsible for the protection of copyright and related rights to data relating to the civil identity associated with those IP addresses retained by providers of electronic communications services – Automated processing – Requirement of prior review by a court or an independent administrative body – Substantive and procedural conditions – Safeguards against the risks of abuse and against any unlawful access to or use of those data.#Case C-470/21.

European Union · Court of Justice of the European Union · 27 October 2022

Report· CCCELEX 62021CC0515decided

Opinion of Advocate General Ćapeta delivered on 27 October 2022.#LU and PH.#Requests for a preliminary ruling from the Court of Appeal.#Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Surrender procedure between the Member States – Conditions for execution – Grounds for optional non-execution – Article 4a(1) – Warrant issued for the purpose of executing a custodial sentence – Concept of ‘trial resulting in the decision’ – Scope – First conviction, with a suspension – Second conviction – Absence of the person concerned at the trial – Revocation of the suspension – Rights of the defence – Convention for the Protection of Human Rights and Fundamental Freedoms – Article 6 – Charter of Fundamental Rights of the European Union – Articles 47 and 48 – Infringement – Consequences.#Joined Cases C-514/21 and C-515/21.

European Union · Court of Justice of the European Union · 27 October 2022

Record· CJCELEX 62019CJ0793decided

Judgment of the Court (Grand Chamber) of 20 September 2022.#Bundesrepublik Deutschland v SpaceNet AG and Telekom Deutschland GmbH.#Requests for a preliminary ruling from the Bundesverwaltungsgericht.#Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Confidentiality of communications – Providers of electronic communications services – General and indiscriminate retention of traffic and location data – Directive 2002/58/EC – Article 15(1) – Charter of Fundamental Rights of the European Union – Articles 6, 7, 8 and 11 and Article 52(1) – Article 4(2) TEU.#Joined Cases C-793/19 and C-794/19.

European Union · Court of Justice of the European Union · 27 October 2022

Record· TJCELEX 62020TJ0714_INFdecided

Judgment of the General Court (Fifth Chamber) of 26 October 2022.#Dmitry Vladimirovich Ovsyannikov v Council of the European Union.#Common foreign and security policy – Restrictive measures taken in respect of actions undermining or threatening Ukraine – Freezing of funds – Restrictions on entry into the territory of the Member States – List of persons, entities and bodies subject to freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Error of assessment.#Case T-714/20.

European Union · Court of Justice of the European Union · 26 October 2022

Record· TJCELEX 62021TJ0273_RESdecided

Judgment of the General Court (Fifth Chamber) of 26 October 2022 (Extracts).#The Bazooka Companies, Inc. v European Union Intellectual Property Office.#EU trade mark – Revocation proceedings – Three-dimensional EU trade mark – Shape of a baby’s bottle – Genuine use of the mark – Point (a) of the second subparagraph of Article 18(1) and Article 58(1)(a) of Regulation (EU) 2017/1001 – Nature of use of the mark – Form differing in elements which do not alter the distinctive character – Obligation to state reasons.#Case T-273/21.

European Union · Court of Justice of the European Union · 26 October 2022

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