Court cases
Showing 2023. Clear filters
Court of Justice of the European Union · CELEX 62021TO0511_INF
Order of the General Court (Ninth Chamber) of 22 December 2023.#TB v European Union Agency for Cybersecurity.#Civil service – Members of the temporary staff – Reorganisation of ENISA – Decision to renew a fixed-term contract – Assignment to non-managerial duties – Partial annulment – Non-severability – No challengeable act – Inadmissibility.#Case T-511/21.22 December 2023
Court of Justice of the European Union · CELEX 62022TO0743(08)
Order of the Vice-President of the General Court of 22 December 2023.#Nikita Dmitrievich Mazepin v Council of the European Union.#Interim relief – Common foreign and security policy – Restrictive measures taken in respect of Russian actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds and economic resources – Application for interim measures – Partial inadmissibility – Prima facie case – Urgency – Weighing up of interests.#Case T-743/22 RIV.22 December 2023
Court of Justice of the European Union · CELEX 62021TO0511
Order of the General Court (Ninth Chamber) of 22 December 2023.#TB v European Union Agency for Cybersecurity.#Civil service – Members of the temporary staff – Reorganisation of ENISA – Decision to renew a fixed-term contract – Assignment to non-managerial duties – Partial annulment – Non-severability – No challengeable act – Inadmissibility.#Case T-511/21.22 December 2023
Court of Justice of the European Union · CELEX 62023TO0121
Order of the General Court (Fifth Chamber) of 22 December 2023.#Exxonmobil Petroleum & Chemical BVBA v European Commission and European Chemicals Agency.#Action for annulment – REACH – Establishment of a list of substances identified for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 – Letter requesting that the Commission ask ECHA to re-examine the inclusion of phenanthrene on that list – The Commission’s refusal to make a request to ECHA to prepare a dossier in accordance with Annex XV to Regulation No 1907/2006 – Act not open to challenge – Inadmissibility.#Case T-121/23.22 December 2023
Court of Justice of the European Union · CELEX 62022CJ0398_SUM
Judgment of the Court (Seventh Chamber) of 21 December 2023.#RQ.#Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4a(1) – Surrender procedure between Member States – Conditions for execution – Grounds for optional non-execution – Exceptions – Mandatory execution – Sentence handed down in absentia – Concept of ‘trial resulting in the decision’ – Person concerned not having appeared in person either at first instance or on appeal – National legislation imposing an absolute prohibition on surrender of the person concerned in the case of a decision rendered in absentia – Obligation to interpret national law in conformity with EU law.#Case C-398/22.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0086_SUM
Judgment of the Court (Third Chamber) of 21 December 2023.#Papier Mettler Italia S.r.l. v Ministero della Transizione Ecologica and Ministero dello Sviluppo Economico.#Reference for a preliminary ruling – Approximation of laws – Environment – Directive 94/62/EC – Packaging and packaging waste – Directive 98/34/EC – Information procedure in the field of technical standards and regulations and of rules on Information Society services – Obligation on the Member States to notify the European Commission of any draft technical regulation – National legislation containing stricter technical rules than those laid down by EU legislation.#Case C-86/22.21 December 2023
Court of Justice of the European Union · CELEX 62021CJ0667_SUM
Judgment of the Court (Third Chamber) of 21 December 2023.#ZQ v Medizinischer Dienst der Krankenversicherung Nordrhein, Körperschaft des öffentlichen Rechts.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 6(1) – Conditions for lawful processing – Article 9(1) to (3) – Processing of special categories of data – Data concerning health – Assessment of an employee’s working capacity – Health insurance medical service processing data concerning the health of its own employees – Conditions for such processing and whether permissible – Article 82(1) – Right to compensation and liability – Compensation for non-material damage – Compensatory function – Impact of negligence on the part of the data controller.#Case C-667/21.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0278_SUM
Judgment of the Court (Fifth Chamber) of 21 December 2023.#AUTOTECHNICA FLEET SERVICES d.o.o. v Hrvatska agencija za nadzor financijskih usluga.#Reference for a preliminary ruling – Freedom of establishment – Freedom to provide services – Directive 2006/123/EC – Article 2(2)(b) – Scope – Exclusion of financial services – Long-term rental of motor vehicles – Articles 9(1) and 10(1) and (2) – Services subject to prior authorisation.#Case C-278/22.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0297_SUM
Judgment of the Court (Fifth Chamber) of 21 December 2023.#United Parcel Service, Inc. v European Commission.#Appeal – Action for damages – Concentrations of undertakings – European Commission decision declaring the concentration to be incompatible with the internal market and the functioning of the EEA Agreement – Annulment of the decision on account of procedural defect – Non-contractual liability of the European Union – Causal link.#Case C-297/22 P.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0096_SUM
Judgment of the Court (Fifth Chamber) of 21 December 2023.#CDIL ̶ Companhia de Distribuição Integral Logística Portugal, SA v Autoridade Tributária e Aduaneira.#Reference for a preliminary ruling – Free movement of goods – Article 34 TFEU – Quantitative restrictions on importation – Measures having equivalent effect – National legislation limiting the quantity of cigarettes which can be released for consumption during a given period to a maximum corresponding to the monthly average of the quantities released for consumption in the preceding 12 months – Article 36 TFEU – Justification – Combating tax avoidance and abusive practices – Protection of public health – Taxation – Excise duties – Directive 2008/118/EC – Article 7 – Time at which excise duties become chargeable – Release for consumption of excise goods – Article 9 – Chargeability conditions and applicable rate of excise duty – Applicable quantitative limit exceeded – Excess – Application of the rate of excise duty in force on the date on which the declaration of discharge is lodged.#Case C-96/22.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0396_SUM
Judgment of the Court (Seventh Chamber) of 21 December 2023.##Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4a(1) – Surrender procedure between Member States – Conditions for execution – Grounds for optional non-execution – Exceptions – Mandatory execution – Sentence handed down in absentia – Concept of ‘trial resulting in the decision’ – Proceedings amending sentences previously passed – Decision imposing a cumulative sentence – Decision handed down without the person concerned having appeared in person – National legislation imposing an absolute prohibition on surrender of the person concerned in the case of a decision rendered in absentia – Obligation to interpret national law in conformity with EU law.#Case C-396/22.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0288_SUM
Judgment of the Court (Third Chamber) of 21 December 2023.#TP v Administration de l'enregistrement, des domaines et de la TVA.#Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/CE – Article 9 – Taxable persons – Economic activity carried out independently – Concept of ‘economic activity’ – Concept of ‘independent exercise of the activity’ – Activity as a member of the board of directors of a public limited company.#Case C-288/22.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0281_RES
Judgment of the Court (Grand Chamber) of 21 December 2023.#Criminal proceedings against G. K. and Others.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Article 31 – Cross-border investigations – Judicial authorisation – Scope of the review – Article 32 – Enforcement of assigned measures.#Case C-281/22.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0340_RES
Judgment of the Court (First Chamber) of 21 December 2023.#Cofidis v Autoridade Tributária e Aduaneira.#Reference for a preliminary ruling – Direct taxation – Article 49 TFEU – Freedom of establishment – Introduction of a tax on the liabilities of credit institutions for the purpose of funding the national social security system – Alleged discrimination against branches of foreign credit institutions – Directive 2014/59/EU – Framework for the recovery and resolution of credit institutions and investment firms – Scope.#Case C-340/22.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0431_RES
Judgment of the Court (Second Chamber) of 21 December 2023.#Scuola europea di Varese v PD and LC.#Reference for a preliminary ruling – Convention defining the Statute of the European Schools – Article 27(2) – General Rules of the European Schools – Articles 62, 66 and 67 – Challenge to the decision of a Class Council not to authorise a pupil to be promoted to the year above in the secondary school – Lack of jurisdiction of the national courts – Sole jurisdiction of the Complaints Board of the European Schools – Effective judicial protection.#Case C-431/22.21 December 2023
Court of Justice of the European Union · CELEX 62021CJ0718_RES
Judgment of the Court (Grand Chamber) of 21 December 2023.#L.G. v Krajowa Rada Sądownictwa.#Reference for a preliminary ruling – Article 267 TFEU – Concept of ‘court or tribunal’ – Criteria – Izba Kontroli Nadzwyczajnej i Spraw Publicznych (Chamber of Extraordinary Control and Public Affairs) of the Sąd Najwyższy (Supreme Court, Poland) – Reference for a preliminary ruling from an adjudicating panel which does not have the status of an independent and impartial tribunal previously established by law – Inadmissibility.#Case C-718/21.21 December 2023
Court of Justice of the European Union · CELEX 62021CJ0488_RES
Judgment of the Court (Grand Chamber) of 21 December 2023.#GV v Chief Appeals Officer and Others.#Reference for a preliminary ruling – Citizenship of the European Union – Articles 21 and 45 TFEU – Right of Union citizens to move and reside freely in the territory of the Member States – Worker having acquired the nationality of the host Member State while retaining his or her nationality of origin – Directive 2004/38/EC – Article 3 – Beneficiaries – Article 2(2)(d) – Family member – Dependent direct relatives in the ascending line of a worker who is a Union citizen – Article 7(1)(a) and (d) – Right of residence for more than three months – Retention of the status of dependant in the host Member State – Article 14(2) – Retention of the right of residence – Regulation (EU) No 492/2011 – Article 7(2) – Equal treatment – Social advantages – Social assistance benefits – Unreasonable burden on the social assistance system of the host Member State.#Case C-488/21.21 December 2023
Court of Justice of the European Union · CELEX 62021CJ0038_RES
Judgment of the Court (Grand Chamber) of 21 December 2023.#VK and Others v BMW Bank GmbH and Others.#Reference for a preliminary ruling – Consumer protection – Leasing agreement for a motor vehicle without an obligation to purchase – Directive 2008/48/EC – Article 2(2)(d) – Concept of a leasing agreement without an obligation to purchase the object of the agreement – Directive 2002/65/EC – Article 1(1) and Article 2(b) – Concept of a contract for financial services – Directive 2011/83/EU – Article 2(6) and Article 3(1) – Concept of a service contract – Article 2(7) – Contract of a distance contract – Article 2(8) – Concept of an off-premises contract – Article 16(l) – Exception from the right of withdrawal in respect of the provision of car rental services – Credit agreement for the purchase of a motor vehicle – Directive 2008/48 – Article 10(2) – Requirements relating to the information that must be stated in the agreement – Presumption of compliance with the obligation to provide information in the case of use of a statutory information model – Absence of horizontal direct effect of a directive – Article 14(1) – Right of withdrawal – Start of the withdrawal period in the event of incomplete or incorrect information – Abusive nature of the exercise of the right of withdrawal – Time-barring of the right of withdrawal – Obligation to return the vehicle in advance in the event of exercise of the right of withdrawal in respect of a linked credit agreement.#Joined Cases C-38/21, C-47/21 and C-232/21.21 December 2023
Court of Justice of the European Union · CELEX 62021CJ0333_RES
Judgment of the Court (Grand Chamber) of 21 December 2023.#European Superleague Company, SL v Fédération internationale de football association (FIFA) and Union of European Football Associations (UEFA).#Reference for a preliminary ruling – Competition – Internal market – Rules introduced by international sports associations – Professional football – Private law entities vested with regulatory, control and decision-making powers, and the power to impose sanctions – Rules on prior approval of competitions, on the participation of football clubs and players in those competitions, and also on the exploitation of commercial and media rights related to those competitions – Parallel pursuit of economic activities – Organisation and marketing of competitions – Exploitation of related commercial and media rights – Article 101(1) TFEU – Decision by an association of undertakings adversely affecting competition – Concepts of anticompetitive ‘object’ and ‘effect’ – Exemption under Article 101(3) TFEU – Conditions – Article 102 TFEU – Abuse of dominant position – Justification – Conditions – Article 56 TFEU – Restrictions on the freedom to provide services – Justification – Conditions – Burden of proof.#Case C-333/21.21 December 2023
Court of Justice of the European Union · CELEX 62021CJ0124_RES
Judgment of the Court (Grand Chamber) of 21 December 2023.#International Skating Union v European Commission.#Appeal – Competition – Rules introduced by an international sports association – Skating – Private law entity vested with regulatory, control and decision-making powers, and the power to impose sanctions – Rules on the prior approval of competitions, the participation of athletes in those competitions and the arbitration rules governing conflicts – Parallel pursuit of economic activities – Organisation and marketing of competitions – Article 101(1) TFEU – Decision by an association of undertakings adversely affecting competition – Concepts of anticompetitive ‘object’ and ‘effect’ – Possible justification – Conditions.#Case C-124/21 P.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0167_RES
Judgment of the Court (Second Chamber) of 21 December 2023.#European Commission v Kingdom of Denmark.#Failure of a Member State to fulfil obligations – International road haulage – Regulation (EC) No 1072/2009 – Articles 8 and 9 – Regulation (EC) No 561/2006 – Rest periods – National legislation introducing a maximum parking time at public rest areas of 25 hours along the motorway network of a Member State – Restriction on the freedom to provide road transport services – Burden of proof.#Case C-167/22.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0421_RES
Judgment of the Court (Fifth Chamber) of 21 December 2023.#SIA 'DOBELES AUTOBUSU PARKS' and Others v Iepirkumu uzraudzības birojs and VSIA 'Autotransporta direkcija'.#Reference for a preliminary ruling – Transport – Public passenger transport services by rail and by road – Regulation (EC) No 1370/2007 – Article 1(1) – Article 2a(2) – Article 3(1) – Article 4(1) – Article 6(1) – Contract for public passenger transport services by bus – Procedure for the award of a public services contract – Open, transparent and non-discriminatory tendering procedure – Specifications – Amount of compensation granted by the competent national authority – Indexation limited in time and categories of specific costs – Allocation of risks.#Case C-421/22.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0261_RES
Judgment of the Court (Grand Chamber) of 21 December 2023.#Criminal proceedings against GN.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 15(2) – Surrender procedure between Member States – Grounds for non-execution – Charter of Fundamental Rights of the European Union – Article 7 – Respect for private and family life – Article 24(2) and (3) – Taking into consideration the best interests of the child – Right of every child to maintain on a regular basis a personal relationship and direct contact with both parents – Mother of young children living with her.#Case C-261/22.21 December 2023
Court of Justice of the European Union · CELEX 62020CO0054_INF
Order of the Court (Seventh Chamber) of 21 December 2023.#Stefano Missir Mamachi di Lusignano and Maria Letizia Missir Mamachi di Lusignano v European Commission.#Taxation of costs.#Case C-54/20 P-DEP.21 December 2023
Court of Justice of the European Union · CELEX 62021CJ0680_RES
Judgment of the Court (Grand Chamber) of 21 December 2023.#UL and SA Royal Antwerp Football Club v Union royale belge des sociétés de football association ASBL.#Reference for a preliminary ruling – Competition – Internal market – Rules introduced by international and national sports associations – Professional football – Private law entities vested with regulatory, control and sanctioning powers – Rules requiring professional football clubs to use a minimum number of ‘home-grown’ players – Article 101(1) TFEU – Decision by an association of undertakings adversely affecting competition – Concepts of anticompetitive ‘object’ and ‘effect’ – Exemption under Article 101(3) TFEU – Conditions – Article 45 TFEU – Indirect discrimination on the basis of nationality – Restriction on the freedom of movement for workers – Justification – Conditions – Burden of proof.#Case C-680/21.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0066_RES
Judgment of the Court (Grand Chamber) of 21 December 2023.#Infraestruturas de Portugal, SA and Futrifer Indústrias Ferroviárias, SA v Toscca - Equipamentos em Madeira Lda.#Reference for a preliminary ruling – Procedures for the award of public works contracts, public supply contracts and public service contracts – Directive 2014/24/EU – Point (d) of the first subparagraph of Article 57(4) – Award of public contracts in the transport sector – Directive 2014/25/EU – Article 80(1) – Facultative grounds for exclusion – Obligation to transpose – Economic operator entering into agreements aimed at distorting competition – Competence of the contracting authority – Impact of an earlier decision of a competition authority – Principle of proportionality – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy – Principle of sound administration – Obligation to state reasons.#Case C-66/22.21 December 2023
Court of Justice of the European Union · CELEX 62020CO0054
Order of the Court (Seventh Chamber) of 21 December 2023.#Stefano Missir Mamachi di Lusignano and Maria Letizia Missir Mamachi di Lusignano v European Commission.#Taxation of costs.#Case C-54/20 P-DEP.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0397
Urteil des Gerichtshofs (Siebte Kammer) vom 21. Dezember 2023.#Generalstaatsanwaltschaft Berlin gegen LM.#Vorlage zur Vorabentscheidung – Polizeiliche und justizielle Zusammenarbeit in Strafsachen – Rahmenbeschluss 2002/584/JI – Europäischer Haftbefehl – Art. 4a Abs. 1 – Übergabeverfahren zwischen den Mitgliedstaaten – Vollstreckungsvoraussetzungen – Gründe, aus denen die Vollstreckung abgelehnt werden kann – Ausnahmen – Pflicht zur Vollstreckung – In Abwesenheit verhängte Strafe – Wendung ‚Verhandlung, die zu der Entscheidung geführt hat‘ – Betroffener, der weder im ersten Rechtszug noch im Berufungsverfahren persönlich erschienen ist – Nationale Regelung, die ein absolutes Verbot der Übergabe des Betroffenen im Fall einer in Abwesenheit ergangenen Entscheidung vorsieht – Pflicht zur unionsrechtskonformen Auslegung.#Rechtssache C-397/22.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0281
Judgment of the Court (Grand Chamber) of 21 December 2023.#Criminal proceedings against G.K. and Others.#Request for a preliminary ruling from the Oberlandesgericht Wien.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Article 31 – Cross-border investigations – Judicial authorisation – Scope of the review – Article 32 – Enforcement of assigned measures.#Case C-281/22.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0086
Judgment of the Court (Third Chamber) of 21 December 2023.#Papier Mettler Italia S.r.l. v Ministero della Transizione Ecologica and Ministero dello Sviluppo Economico.#Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio.#Reference for a preliminary ruling – Approximation of laws – Environment – Directive 94/62/EC – Packaging and packaging waste – Directive 98/34/EC – Information procedure in the field of technical standards and regulations and of rules on Information Society services – Obligation on the Member States to notify the European Commission of any draft technical regulation – National legislation containing stricter technical rules than those laid down by EU legislation.#Case C-86/22.21 December 2023
Court of Justice of the European Union · CELEX 62021CJ0038
Judgment of the Court (Grand Chamber) of 21 December 2023.#VK and Others v BMW Bank GmbH and Others.#Requests for a preliminary ruling from the Landgericht Ravensburg.#Reference for a preliminary ruling – Consumer protection – Leasing agreement for a motor vehicle without an obligation to purchase – Directive 2008/48/EC – Article 2(2)(d) – Concept of a leasing agreement without an obligation to purchase the object of the agreement – Directive 2002/65/EC – Article 1(1) and Article 2(b) – Concept of a contract for financial services – Directive 2011/83/EU – Article 2(6) and Article 3(1) – Concept of a service contract – Article 2(7) – Contract of a distance contract – Article 2(8) – Concept of an off-premises contract – Article 16(l) – Exception from the right of withdrawal in respect of the provision of car rental services – Credit agreement for the purchase of a motor vehicle – Directive 2008/48 – Article 10(2) – Requirements relating to the information that must be stated in the agreement – Presumption of compliance with the obligation to provide information in the case of use of a statutory information model – Absence of horizontal direct effect of a directive – Article 14(1) – Right of withdrawal – Start of the withdrawal period in the event of incomplete or incorrect information – Abusive nature of the exercise of the right of withdrawal – Time-barring of the right of withdrawal – Obligation to return the vehicle in advance in the event of exercise of the right of withdrawal in respect of a linked credit agreement.#Joined Cases C-38/21, C-47/21 and C-232/21.21 December 2023
Court of Justice of the European Union · CELEX 62021CJ0124
Judgment of the Court (Grand Chamber) of 21 December 2023.#International Skating Union v European Commission.#Appeal – Competition – Rules introduced by an international sports association – Skating – Private law entity vested with regulatory, control and decision-making powers, and the power to impose sanctions – Rules on the prior approval of competitions, the participation of athletes in those competitions and the arbitration rules governing conflicts – Parallel pursuit of economic activities – Organisation and marketing of competitions – Article 101(1) TFEU – Decision by an association of undertakings adversely affecting competition – Concepts of anticompetitive ‘object’ and ‘effect’ – Possible justification – Conditions.#Case C-124/21 P.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0167
Judgment of the Court (Second Chamber) of 21 December 2023.#European Commission v Kingdom of Denmark.#Failure of a Member State to fulfil obligations – International road haulage – Regulation (EC) No 1072/2009 – Articles 8 and 9 – Regulation (EC) No 561/2006 – Rest periods – National legislation introducing a maximum parking time at public rest areas of 25 hours along the motorway network of a Member State – Restriction on the freedom to provide road transport services – Burden of proof.#Case C-167/22.21 December 2023
Court of Justice of the European Union · CELEX 62021CJ0667
Judgment of the Court (Third Chamber) of 21 December 2023.#ZQ v Medizinischer Dienst der Krankenversicherung Nordrhein, Körperschaft des öffentlichen Rechts.#Request for a preliminary ruling from the Bundesarbeitsgericht.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 6(1) – Conditions for lawful processing – Article 9(1) to (3) – Processing of special categories of data – Data concerning health – Assessment of an employee’s working capacity – Health insurance medical service processing data concerning the health of its own employees – Conditions for such processing and whether permissible – Article 82(1) – Right to compensation and liability – Compensation for non-material damage – Compensatory function – Impact of negligence on the part of the data controller.#Case C-667/21.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0278
Judgment of the Court (Fifth Chamber) of 21 December 2023.#AUTOTECHNICA FLEET SERVICES d.o.o. v Hrvatska agencija za nadzor financijskih usluga.#Request for a preliminary ruling from the Upravni sud u Zagrebu.#Reference for a preliminary ruling – Freedom of establishment – Freedom to provide services – Directive 2006/123/EC – Article 2(2)(b) – Scope – Exclusion of financial services – Long-term rental of motor vehicles – Articles 9(1) and 10(1) and (2) – Services subject to prior authorisation.#Case C-278/22.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0398
Judgment of the Court (Seventh Chamber) of 21 December 2023.#RQ.#Request for a preliminary ruling from the Kammergericht Berlin.#Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4a(1) – Surrender procedure between Member States – Conditions for execution – Grounds for optional non-execution – Exceptions – Mandatory execution – Sentence handed down in absentia – Concept of ‘trial resulting in the decision’ – Person concerned not having appeared in person either at first instance or on appeal – National legislation imposing an absolute prohibition on surrender of the person concerned in the case of a decision rendered in absentia – Obligation to interpret national law in conformity with EU law.#Case C-398/22.21 December 2023
Court of Justice of the European Union · CELEX 62021CJ0718
Judgment of the Court (Grand Chamber) of 21 December 2023.#L.G. v Krajowa Rada Sądownictwa.#Request for a preliminary ruling from the Sąd Najwyższy.#Reference for a preliminary ruling – Article 267 TFEU – Concept of ‘court or tribunal’ – Criteria – Izba Kontroli Nadzwyczajnej i Spraw Publicznych (Chamber of Extraordinary Control and Public Affairs) of the Sąd Najwyższy (Supreme Court, Poland) – Reference for a preliminary ruling from an adjudicating panel which does not have the status of an independent and impartial tribunal previously established by law – Inadmissibility.#Case C-718/21.21 December 2023
Court of Justice of the European Union · CELEX 62021CJ0488
Judgment of the Court (Grand Chamber) of 21 December 2023.#GV v Chief Appeals Officer and Others.#Request for a preliminary ruling from the Court of Appeal.#Reference for a preliminary ruling – Citizenship of the European Union – Articles 21 and 45 TFEU – Right of Union citizens to move and reside freely in the territory of the Member States – Worker having acquired the nationality of the host Member State while retaining his or her nationality of origin – Directive 2004/38/EC – Article 3 – Beneficiaries – Article 2(2)(d) – Family member – Dependent direct relatives in the ascending line of a worker who is a Union citizen – Article 7(1)(a) and (d) – Right of residence for more than three months – Retention of the status of dependant in the host Member State – Article 14(2) – Retention of the right of residence – Regulation (EU) No 492/2011 – Article 7(2) – Equal treatment – Social advantages – Social assistance benefits – Unreasonable burden on the social assistance system of the host Member State.#Case C-488/21.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0066
Judgment of the Court (Grand Chamber) of 21 December 2023.#Infraestruturas de Portugal, SA and Futrifer Indústrias Ferroviárias, SA v Toscca - Equipamentos em Madeira Lda.#Request for a preliminary ruling from the Supremo Tribunal Administrativo.#Reference for a preliminary ruling – Procedures for the award of public works contracts, public supply contracts and public service contracts – Directive 2014/24/EU – Point (d) of the first subparagraph of Article 57(4) – Award of public contracts in the transport sector – Directive 2014/25/EU – Article 80(1) – Facultative grounds for exclusion – Obligation to transpose – Economic operator entering into agreements aimed at distorting competition – Competence of the contracting authority – Impact of an earlier decision of a competition authority – Principle of proportionality – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy – Principle of sound administration – Obligation to state reasons.#Case C-66/22.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0396
Judgment of the Court (Seventh Chamber) of 21 December 2023.#Request for a preliminary ruling from the Kammergericht Berlin.#Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4a(1) – Surrender procedure between Member States – Conditions for execution – Grounds for optional non-execution – Exceptions – Mandatory execution – Sentence handed down in absentia – Concept of ‘trial resulting in the decision’ – Proceedings amending sentences previously passed – Decision imposing a cumulative sentence – Decision handed down without the person concerned having appeared in person – National legislation imposing an absolute prohibition on surrender of the person concerned in the case of a decision rendered in absentia – Obligation to interpret national law in conformity with EU law.#Case C-396/22.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0288
Judgment of the Court (Third Chamber) of 21 December 2023.#TP v Administration de l'enregistrement, des domaines et de la TVA.#Request for a preliminary ruling from the Tribunal d'arrondissement de Luxembourg.#Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/CE – Article 9 – Taxable persons – Economic activity carried out independently – Concept of ‘economic activity’ – Concept of ‘independent exercise of the activity’ – Activity as a member of the board of directors of a public limited company.#Case C-288/22.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0340
Judgment of the Court (First Chamber) of 21 December 2023.#Cofidis v Autoridade Tributária e Aduaneira.#Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD).#Reference for a preliminary ruling – Direct taxation – Article 49 TFEU – Freedom of establishment – Introduction of a tax on the liabilities of credit institutions for the purpose of funding the national social security system – Alleged discrimination against branches of foreign credit institutions – Directive 2014/59/EU – Framework for the recovery and resolution of credit institutions and investment firms – Scope.#Case C-340/22.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0431
Judgment of the Court (Second Chamber) of 21 December 2023.#Scuola europea di Varese v PD and LC.#Request for a preliminary ruling from the Corte suprema di cassazione.#Reference for a preliminary ruling – Convention defining the Statute of the European Schools – Article 27(2) – General Rules of the European Schools – Articles 62, 66 and 67 – Challenge to the decision of a Class Council not to authorise a pupil to be promoted to the year above in the secondary school – Lack of jurisdiction of the national courts – Sole jurisdiction of the Complaints Board of the European Schools – Effective judicial protection.#Case C-431/22.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0096
Judgment of the Court (Fifth Chamber) of 21 December 2023.#CDIL ̶ Companhia de Distribuição Integral Logística Portugal, SA v Autoridade Tributária e Aduaneira.#Request for a preliminary ruling from the Supremo Tribunal Administrativo.#Reference for a preliminary ruling – Free movement of goods – Article 34 TFEU – Quantitative restrictions on importation – Measures having equivalent effect – National legislation limiting the quantity of cigarettes which can be released for consumption during a given period to a maximum corresponding to the monthly average of the quantities released for consumption in the preceding 12 months – Article 36 TFEU – Justification – Combating tax avoidance and abusive practices – Protection of public health – Taxation – Excise duties – Directive 2008/118/EC – Article 7 – Time at which excise duties become chargeable – Release for consumption of excise goods – Article 9 – Chargeability conditions and applicable rate of excise duty – Applicable quantitative limit exceeded – Excess – Application of the rate of excise duty in force on the date on which the declaration of discharge is lodged.#Case C-96/22.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0261
Judgment of the Court (Grand Chamber) of 21 December 2023.#Criminal proceedings against GN.#Request for a preliminary ruling from the Corte suprema di cassazione.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 15(2) – Surrender procedure between Member States – Grounds for non-execution – Charter of Fundamental Rights of the European Union – Article 7 – Respect for private and family life – Article 24(2) and (3) – Taking into consideration the best interests of the child – Right of every child to maintain on a regular basis a personal relationship and direct contact with both parents – Mother of young children living with her.#Case C-261/22.21 December 2023
Court of Justice of the European Union · CELEX 62021CJ0680
Judgment of the Court (Grand Chamber) of 21 December 2023.#UL and SA Royal Antwerp Football Club v Union royale belge des sociétés de football association ASBL.#Reference for a preliminary ruling – Competition – Internal market – Rules introduced by international and national sports associations – Professional football – Private law entities vested with regulatory, control and sanctioning powers – Rules requiring professional football clubs to use a minimum number of ‘home-grown’ players – Article 101(1) TFEU – Decision by an association of undertakings adversely affecting competition – Concepts of anticompetitive ‘object’ and ‘effect’ – Exemption under Article 101(3) TFEU – Conditions – Article 45 TFEU – Indirect discrimination on the basis of nationality – Restriction on the freedom of movement for workers – Justification – Conditions – Burden of proof.#Case C-680/21.21 December 2023
Court of Justice of the European Union · CELEX 62021CJ0333
Judgment of the Court (Grand Chamber) of 21 December 2023.#European Superleague Company, SL v Fédération internationale de football association (FIFA) and Union of European Football Associations (UEFA).#Request for a preliminary ruling – Competition – Internal market – Rules introduced by international sports associations – Professional football – Private law entities vested with regulatory, control and decision-making powers, and the power to impose sanctions – Rules on prior approval of competitions, on the participation of football clubs and players in those competitions, and also on the exploitation of commercial and media rights related to those competitions – Parallel pursuit of economic activities – Organisation and marketing of competitions – Exploitation of related commercial and media rights – Article 101(1) TFEU – Decision by an association of undertakings adversely affecting competition – Concepts of anticompetitive ‘object’ and ‘effect’ – Exemption under Article 101(3) TFEU – Conditions – Article 102 TFEU – Abuse of dominant position – Justification – Conditions – Article 56 TFEU – Restrictions on the freedom to provide services – Justification – Conditions – Burden of proof.#Case C-333/21.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0297
Judgment of the Court (Fifth Chamber) of 21 December 2023.#United Parcel Service, Inc. v European Commission.#Appeal – Action for damages – Concentrations of undertakings – European Commission decision declaring the concentration to be incompatible with the internal market and the functioning of the EEA Agreement – Annulment of the decision on account of procedural defect – Non-contractual liability of the European Union – Causal link.#Case C-297/22 P.21 December 2023
Court of Justice of the European Union · CELEX 62022TO0791
Order of the General Court (Second Chamber) of 21 December 2023.#Broad Far (Hong Kong) Ltd and M21 Srl v European Commission.#Case T-791/22.21 December 2023
Court of Justice of the European Union · CELEX 62022CJ0421
Judgment of the Court (Fifth Chamber) of 21 December 2023.#SIA 'DOBELES AUTOBUSU PARKS' and Others v Iepirkumu uzraudzības birojs and VSIA 'Autotransporta direkcija'.#Request for a preliminary ruling from the Augstākā tiesa (Senāts).#Reference for a preliminary ruling – Transport – Public passenger transport services by rail and by road – Regulation (EC) No 1370/2007 – Article 1(1) – Article 2a(2) – Article 3(1) – Article 4(1) – Article 6(1) – Contract for the provision of public passenger transport services by bus – Procedure for awarding a public service contract – Open, transparent and non-discriminatory tendering procedure – Specifications – Amount of compensation granted by the competent national authority – Indexation limited in terms of time and categories of specific costs – Spreading of risk.#Case C-421/22.21 December 2023
Court of Justice of the European Union · CELEX 62021TJ0384
Judgment of the General Court (Eighth Chamber, Extended Composition) of 20 December 2023.#Confédération nationale du Crédit mutuel and Others v Single Resolution Board.#Economic and monetary union – Banking union – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2021 ex-ante contributions – Duty to state reasons – Principle of good administration – Principle of effective judicial protection – Plea of illegality – Limitation of the temporal effects of the judgment.#Case T-384/21.20 December 2023
Court of Justice of the European Union · CELEX 62021TJ0388
Judgment of the General Court (Eighth Chamber, Extended Composition) of 20 December 2023.#Crédit agricole SA and Others v Single Resolution Board.#Economic and monetary union – Banking union – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2021 ex ante contributions – Duty to state reasons – Principle of good administration – Principle of effective judicial protection – Plea of illegality – Limitation of the temporal effects of the judgment.#Case T-388/21.20 December 2023
Court of Justice of the European Union · CELEX 62021TJ0385
Judgment of the General Court (Eighth Chamber, Extended Composition) of 20 December 2023.#BPCE and Others v Single Resolution Board.#Economic and monetary union – Banking union – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2021 ex ante contributions – Duty to state reasons – Principle of good administration – Principle of effective judicial protection – Plea of illegality – Limitation of the temporal effects of the judgment.#Case T-385/21.20 December 2023
Court of Justice of the European Union · CELEX 62021TJ0387
Judgment of the General Court (Eighth Chamber, Extended Composition) of 20 December 2023.#Société générale and Others v Single Resolution Board.#Economic and monetary union – Banking union – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2021 ex ante contributions – Duty to state reasons – Principle of good administration – Principle of effective judicial protection – Plea of illegality – Limitation of the temporal effects of the judgment.#Case T-387/21.20 December 2023
Court of Justice of the European Union · CELEX 62021TJ0397
Judgment of the General Court (Eighth Chamber, Extended Composition) of 20 December 2023.#BNP Paribas v Single Resolution Board.#Economic and monetary union – Banking union – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2021 ex ante contributions – Duty to state reasons – Principle of good administration – Principle of effective judicial protection – Plea of illegality – Limitation of the temporal effects of the judgment.#Case T-397/21.20 December 2023
Court of Justice of the European Union · CELEX 62018TJ0496
Judgment of the General Court (Eighth Chamber) of 20 December 2023.#Organización de Consumidores y Usuarios (OCU) v Single Resolution Board.#Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the adoption by the SRB of a resolution scheme in respect of Banco Popular Español – Decision of the SRB Appeal Panel concerning a confirmatory decision of the SRB refusing access – Right of access to the file – Article 41(2) of the Charter of Fundamental Rights.#Case T-496/18.20 December 2023
Court of Justice of the European Union · CELEX 62021TJ0063_INF
Judgment of the General Court (Fifth Chamber, Extended Composition) of 20 December 2023.#Stadtwerke Frankfurt am Main Holding GmbH v European Commission.#Competition – Concentrations – German electricity and gas markets – Decision declaring a concentration compatible with the internal market – Action for annulment – No interest in bringing proceedings – Inadmissibility.#Case T-63/21.20 December 2023
Court of Justice of the European Union · CELEX 62021TJ0059_INF
Judgment of the General Court (Fifth Chamber, Extended Composition) of 20 December 2023.#eins energie in sachsen GmbH & Co. KG v European Commission.#Competition – Concentrations – German electricity and gas markets – Decision declaring a concentration compatible with the internal market – Obligation to state reasons – Concept of ‘single concentration’ – Right to effective judicial protection – Right to be heard – Definition of the market – Analysis period – Assessment of the effects of the transaction on competition – Manifest errors of assessment – Commitments – Duty of diligence.#Case T-59/21.20 December 2023
Court of Justice of the European Union · CELEX 62021TJ0061_INF
Judgment of the General Court (Fifth Chamber, Extended Composition) of 20 December 2023.#EnergieVerbund Dresden GmbH v European Commission.#Competition – Concentrations – German electricity and gas markets – Decision declaring a concentration compatible with the internal market – Obligation to state reasons – Concept of ‘single concentration’ – Right to effective judicial protection – Right to be heard – Definition of the market – Analysis period – Assessment of the effects of the transaction on competition – Manifest errors of assessment – Commitments – Duty of diligence.#Case T-61/21.20 December 2023
Court of Justice of the European Union · CELEX 62023TO0174_INF
Order of the General Court (Eighth Chamber) of 20 December 2023.#Merel Johanna Willemsen v European Commission.#Action for annulment – Research and technological development – Grant agreement concluded in the context of the ‘Horizon 2020’ Framework Programme for Research and Innovation (2014-2020) – Decision establishing a pecuniary obligation and forming an enforceable decision – Article 299 TFEU – Article 76(d) of the Rules of Procedure – Failure to comply with procedural requirements – Inadmissibility.#Case T-174/23.20 December 2023
Court of Justice of the European Union · CELEX 62021TJ0056_INF
Judgment of the General Court (Fifth Chamber, Extended Composition) of 20 December 2023.#TEAG Thüringer Energie AG v European Commission.#Competition – Concentrations – German electricity and gas markets – Decision declaring a concentration compatible with the internal market – Obligation to state reasons – Concept of ‘single concentration’ – Right to effective judicial protection – Right to be heard – Definition of the market – Analysis period – Assessment of the effects of the transaction on competition – Manifest errors of assessment – Commitments – Duty of diligence.#Case T-56/21.20 December 2023
Court of Justice of the European Union · CELEX 62021TJ0065_INF
Judgment of the General Court (Fifth Chamber, Extended Composition) of 20 December 2023.#enercity AG v European Commission.#Competition – Concentrations – German electricity and gas markets – Decision declaring a concentration compatible with the internal market – Concept of ‘single concentration’ – Definition of the market – Assessment of the effects of the transaction on competition – Manifest errors of assessment – Duty of diligence – Misuse of powers.#Case T-65/21.20 December 2023
Court of Justice of the European Union · CELEX 62021TJ0064_INF
Judgment of the General Court (Fifth Chamber, Extended Composition) of 20 December 2023.#Mainova AG v European Commission.#Competition – Concentrations – German electricity and gas markets – Decision declaring a concentration compatible with the internal market – Concept of ‘single concentration’ – Definition of the market – Assessment of the effects of the transaction on competition – Manifest errors of assessment – Duty of diligence – Misuse of powers.#Case T-64/21.20 December 2023
Court of Justice of the European Union · CELEX 62021TJ0062_INF
Judgment of the General Court (Fifth Chamber, Extended Composition) of 20 December 2023.#GGEW, Gruppen-Gas- und Elektrizitätswerk Bergstraße AG v European Commission.#Competition – Concentrations – German electricity and gas markets – Decision declaring a concentration compatible with the internal market – Obligation to state reasons – Concept of ‘single concentration’ – Right to effective judicial protection – Right to be heard – Definition of the market – Analysis period – Assessment of the effects of the transaction on competition – Manifest errors of assessment – Commitments – Duty of diligence.#Case T-62/21.20 December 2023
Court of Justice of the European Union · CELEX 62022TJ0390_INF
Judgment of the General Court (First Chamber) of 20 December 2023.#Sergueï Mndoiants v Council of the European Union.#Common foreign and security policy – Restrictive measures adopted in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Restrictions on entry into the territory of the Member States – List of persons, entities and bodies subject to restrictions on entry into the territory of the Member States – Inclusion and maintenance of the applicant’s name on the lists – Concept of ‘leading businessperson’ – Article 2(1)(g) of Decision 2014/145/CFSP – Article 3(1)(g) of Regulation (EU) No 269/2014 – Error of assessment.#Case T-390/22.20 December 2023
Court of Justice of the European Union · CELEX 62021TJ0384_INF
Judgment of the General Court (Eighth Chamber, Extended Composition) of 20 December 2023.#Confédération nationale du Crédit mutuel and Others v Single Resolution Board.#Economic and monetary union – Banking union – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2021 ex-ante contributions – Duty to state reasons – Principle of good administration – Principle of effective judicial protection – Plea of illegality – Limitation of the temporal effects of the judgment.#Case T-384/21.20 December 2023
Court of Justice of the European Union · CELEX 62022TJ0655_INF
Judgment of the General Court (Eighth Chamber) of 20 December 2023.#Torre Oria SL v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – Application for the EU figurative mark WINE TALES RACCONTI DI VINO – Earlier EU figurative mark WINE TALES – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001.#Case T-655/22.20 December 2023
Court of Justice of the European Union · CELEX 62021TJ0387_INF
Judgment of the General Court (Eighth Chamber, Extended Composition) of 20 December 2023.#Société générale and Others v Single Resolution Board.#Economic and monetary union – Banking union – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2021 ex ante contributions – Duty to state reasons – Principle of good administration – Principle of effective judicial protection – Plea of illegality – Limitation of the temporal effects of the judgment.#Case T-387/21.20 December 2023
Court of Justice of the European Union · CELEX 62022TJ0221_INF
Judgment of the General Court (Eighth Chamber) of 20 December 2023.#Pharmaselect International Beteiligungs GmbH and OmniActive Health Technologies Ltd v European Union Intellectual Property Office.#EU trade mark – Revocation proceedings – EU word mark LUTAMAX – Genuine use of the mark – Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) – Obligation to state reasons – Article 94(1) of Regulation 2017/1001.#Joined Cases T-221/22 and T-242/22.20 December 2023
Court of Justice of the European Union · CELEX 62021TJ0385_INF
Judgment of the General Court (Eighth Chamber, Extended Composition) of 20 December 2023.#BPCE and Others v Single Resolution Board.#Economic and monetary union – Banking union – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2021 ex ante contributions – Duty to state reasons – Principle of good administration – Principle of effective judicial protection – Plea of illegality – Limitation of the temporal effects of the judgment.#Case T-385/21.20 December 2023
Court of Justice of the European Union · CELEX 62023TJ0189_INF
Judgment of the General Court (Third Chamber) of 20 December 2023.#The Mochi Ice Cream Company LLC v European Union Intellectual Property Office.#EU trade mark – International registration designating the European Union – Figurative mark my mochi – Absolute ground for refusal – No distinctive character – Promotional slogan – Article 7(1)(b) and (2) of Regulation (EU) 2017/1001.#Case T-189/23.20 December 2023
Court of Justice of the European Union · CELEX 62018TJ0496_INF
Judgment of the General Court (Eighth Chamber) of 20 December 2023.#Organización de Consumidores y Usuarios (OCU) v Single Resolution Board.#Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the adoption by the SRB of a resolution scheme in respect of Banco Popular Español – Decision of the SRB Appeal Panel concerning a confirmatory decision of the SRB refusing access – Right of access to the file – Article 41(2) of the Charter of Fundamental Rights.#Case T-496/18.20 December 2023
Court of Justice of the European Union · CELEX 62022TJ0465_INF
Judgment of the General Court (Ninth Chamber) of 20 December 2023.#European Investment Bank v Syrian Arab Republic.#Arbitration clause – Loan agreement concerning a project for the completion of a first-class road in a third country – Non-performance of the agreement – Repayment of the sums advanced – Default interest – Procedure by default.#Case T-465/22.20 December 2023
Court of Justice of the European Union · CELEX 62021TJ0263_INF
Judgment of the General Court (First Chamber) of 20 December 2023.#Oleksandr Viktorovych Yanukovych v Council of the European Union.#Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds – List of persons, entities and bodies subject to the freezing of funds and economic resources – Maintenance of the applicant’s name on the list – Misappropriation of Ukrainian State funds – Article 1(1) of Decision 2014/119/CFSP – Article 3(1) of Regulation (EU) No 208/2014 – Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection.#Cases T-263/21 and T-257/22.20 December 2023
Court of Justice of the European Union · CELEX 62022TJ0564_INF
Judgment of the General Court (Third Chamber) of 20 December 2023.#Pierre Balmain v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – Application for an EU figurative mark representing a lion’s head encircled by rings forming a chain – Earlier national figurative mark representing a lion’s head encircled by dots – Relative ground for refusal – Distinctive character of the earlier mark – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001.#Case T-564/22.20 December 2023
Court of Justice of the European Union · CELEX 62022TJ0736_INF
Judgment of the General Court (Third Chamber) of 20 December 2023.#Campofrio Food Group, SA v European Union Intellectual Property Office.#EU trade mark – Opposition proceedings – Application for EU figurative mark SNACK MI – Earlier national figurative marks CAMPOFRIO SNACK’IN – Relative grounds for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EU) 2017/1001 – No damage to reputation – Article 8(5) of Regulation 2017/1001.#Case T-736/22.20 December 2023
Court of Justice of the European Union · CELEX 62021TJ0388_INF
Judgment of the General Court (Eighth Chamber, Extended Composition) of 20 December 2023.#Crédit agricole SA and Others v Single Resolution Board.#Economic and monetary union – Banking union – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2021 ex ante contributions – Duty to state reasons – Principle of good administration – Principle of effective judicial protection – Plea of illegality – Limitation of the temporal effects of the judgment.#Case T-388/21.20 December 2023
Court of Justice of the European Union · CELEX 62022TJ0369_INF
Judgment of the General Court (Fourth Chamber) of 20 December 2023.#Michael Heßler v European Commission.#Civil service – Officials – Remuneration – Tax for the benefit of the European Union – Tax abatement – Article 3(4) of Regulation (EEC, Euratom, ECSC) No 260/68 – Abatement for a dependent child – Conditions for granting – Concept of ‘dependent child’ – Article 2 of Annex VII to the Staff Regulations – Claim for annulment – Failure to follow the pre-litigation procedure – Partial inadmissibility – Unlimited jurisdiction.#Case T-369/22.20 December 2023
Court of Justice of the European Union · CELEX 62021TJ0060_INF
Judgment of the General Court (Fifth Chamber, Extended Composition) of 20 December 2023.#Naturstrom AG v European Commission.#Competition – Concentrations – German electricity and gas markets – Decision declaring a concentration compatible with the internal market – Obligation to state reasons – Concept of ‘single concentration’ – Right to effective judicial protection – Right to be heard – Definition of the market – Analysis period – Assessment of the effects of the transaction on competition – Manifest errors of assessment – Commitments – Duty of diligence.#Case T-60/21.20 December 2023
Court of Justice of the European Union · CELEX 62022TJ0779_INF
Judgment of the General Court (Sixth Chamber) of 20 December 2023.#Transport Werk GmbH v European Union Intellectual Property Office.#EU trade mark – Invalidity proceedings – EU word mark Haus & Grund – Absolute grounds for invalidity – Descriptive character – Distinctive character – Article 7(1)(b) and (c) and Article 51(1)(a) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) and Article 59(1)(a) of Regulation (EU) 2017/1001).#Case T-779/22.20 December 2023