# Official Journal C 71/27 F

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 71 |
| | |
| English edition | Information and Notices | Volume 6627 February 2023 |

ISSN 1977-091X

Official Journal

of the European Union

C 71

English edition

Information and Notices

Volume 6627 February 2023

---

| Contents | page |
| --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Court of Justice of the European Union |
| 2023/C 71/01 | Last publications of the Court of Justice of the European Union in the Official Journal of the European Union | 1 |

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Court of Justice of the European Union

2023/C 71/01

Last publications of the Court of Justice of the European Union in the Official Journal of the European Union

Official Journal of the European Union

1

---

| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | Court of Justice |
| 2023/C 71/02 | Case C-883/19 P: Judgment of the Court (Third Chamber) of 12 January 2023 — HSBC Holdings plc, HSBC Bank plc, HSBC Continental Europe, formerly HSBC France v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Euro Interest Rate Derivatives sector — Decision establishing an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Manipulation of the Euribor interbank reference rates — Exchange of confidential information — Restriction of competition by object — Characterisation — Taking into account of procompetitive effects — Single and continuous infringement — ‘Hybrid’ procedure having led successively to the adoption of a settlement decision and a decision made under the ordinary procedure — Charter of Fundamental Rights of the European Union — Article 41 — Right to good administration — Article 48 — Presumption of innocence) | 2 |
| 2023/C 71/03 | Joined Cases C-702/20 and C-17/21: Judgment of the Court (Grand Chamber) of 12 January 2023 (requests for a preliminary ruling from the Augstākā tiesa (Senāts) — Latvia) — ‘DOBELES HES’ SIA (C-702/20), Sabiedrisko pakalpojumu regulēšanas komisija (C-17/21) (Reference for a preliminary ruling — State aid — Article 107(1) TFEU — National legislation imposing an obligation on the public operator to purchase from renewable energy producers at a price higher than the market price — Failure to pay a portion of the aid concerned — Application for compensation submitted by those producers to a public authority distinct from that which is, in principle, required, under that national legislation, to pay that aid and whose budget is intended solely to ensure its own operation — New aid — Notification requirement — De minimis aid — Regulation (EU) No 1407/2013 — Article 5(2) — Cumulation — Taking into account the amounts of aid already received during the reference period on the basis of that national legislation) | 3 |
| 2023/C 71/04 | Case C-42/21 P: Judgment of the Court (Third Chamber) of 12 January 2023 — Lietuvos geležinkeliai AB v European Commission, Orlen Lietuva AB (Appeal — Competition — Abuse of dominant position — Rail freight market — Decision finding an infringement of Article 102 TFEU — Access by third-party undertakings to infrastructure managed by Lithuania’s national railway company — Removal of a section of railway track — Concept of ‘abuse’ — Actual or likely exclusion of a competitor — Exercise by the General Court of its powers of unlimited jurisdiction — Reduction of the fine) | 4 |
| 2023/C 71/05 | Case C-57/21: Judgment of the Court (Second Chamber) of 12 January 2023 (request for a preliminary ruling from the Nejvyšší soud — Czech Republic) — RegioJet a.s. v České dráhy a.s. (Reference for a preliminary ruling — Competition — Abuse of a dominant position — Rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union — Directive 2014/104/EU — Articles 5 and 6 — Disclosure of evidence — Evidence in a competition authority’s file — Proceedings relating to an infringement of competition rules pending before the European Commission — National proceedings relating to an action for damages with regard to the same infringement — Conditions for the disclosure of evidence) | 5 |
| 2023/C 71/06 | Case C-132/21: Judgment of the Court (First Chamber) of 12 January 2023 (request for a preliminary ruling from the Fővárosi Törvényszék — Hungary) — BE v Nemzeti Adatvédelmi és Információszabadság Hatóság (Reference for a preliminary ruling — Protection of natural persons with regard to the processing of personal data — Regulation (EU) 2016/679 — Articles 77 to 79 — Remedies — Parallel exercise — Relationship — Procedural autonomy — Effectiveness of the protection rules established by that regulation — Consistent and homogeneous application of those rules throughout the European Union — Article 47 of the Charter of Fundamental Rights of the European Union) | 6 |
| 2023/C 71/07 | Case C-154/21: Judgment of the Court (First Chamber) of 12 January 2023 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — RW v Österreichische Post AG (Reference for a preliminary ruling — Protection of natural persons with regard to the processing of personal data — Regulation (EU) 2016/679 — Article 15(1)(c) — Data subject’s right of access to his or her data — Information about the recipients or categories of recipient to whom the personal data have been or will be disclosed — Restrictions) | 7 |
| 2023/C 71/08 | Case C-280/21: Judgment of the Court (Third Chamber) of 12 January 2023 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas -Lithuania) — P.I. v Migracijos departamentas prie Lietuvos Respublikos vidaus reikalų ministerijos (Reference for a preliminary ruling — Area of freedom, security and justice — Common asylum policy — Eligibility for refugee status — Directive 2011/95/EU — Article 10(1)(e) and (2) — Reasons for persecution — Concepts of ‘political opinion’ and ‘attributed political opinion’ — Attempts by an applicant for asylum to defend himself, in his country of origin, by legal means against non-State actors acting illegally and in a position to exploit the mechanism by which that State imposes penalties for criminal offences) | 8 |
| 2023/C 71/09 | Joined Cases C-323/21 to C-325/21: Judgment of the Court (First Chamber) of 12 January 2023 (requests for a preliminary ruling from the Raad van State — Netherlands) — Staatssecretaris van Justitie en Veiligheid v B (C-323/21), F (C-324/21) and K v Staatssecretaris van Justitie en Veiligheid (C-325/21) (References for a preliminary ruling — Regulation (EU) No 604/2013 — Determining the Member State responsible for examining an application for international protection — Lodging of multiple applications for international protection in three Member States — Article 29 — Time limit for transfer — Expiry — Transfer of responsibility for examining the application — Article 27 — Remedy — Scope of judicial review — Possibility for the applicant to rely on the transfer of responsibility for examining the application) | 8 |
| 2023/C 71/10 | Case C-356/21: Judgment of the Court (Second Chamber) of 12 January 2023 (request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie — Poland) — J.K. v TP S.A. (Reference for a preliminary ruling — Equal treatment in employment and occupation — Directive 2000/78/EC — Article 3(1)(a) and (c) — Conditions for access to self-employment — Employment and working conditions — Prohibition of discrimination based on sexual orientation — Self-employed person working on the basis of a contract for specific work — Termination and non-renewal of contract — Freedom to choose a contracting party) | 9 |
| 2023/C 71/11 | Case C-395/21: Judgment of the Court (Fourth Chamber) of 12 January 2023 (request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas — Lithuania) — D.V. v M.A. (Reference for a preliminary ruling — Unfair terms in consumer contracts — Directive 93/13/EEC — Contract for the provision of legal services concluded between a lawyer and a consumer — Article 4(2) — Assessment of the unfairness of contractual terms — Exclusion of terms relating to the main subject matter of the contract — Term providing for the payment of lawyers’ fees on the basis of an hourly rate — Article 6(1) — Powers of the national court when dealing with a term considered to be ‘unfair’) | 10 |
| 2023/C 71/12 | Case C-396/221: Judgment of the Court (Second Chamber) of 12 January 2023 (request for a preliminary ruling from the Landgericht München I — Germany) — KT, NS v FTI Touristik GmbH (Reference for a preliminary ruling — Directive (EU) 2015/2302 — Article 14(1) — Package travel and linked travel arrangements — Performance of a package travel contract — Liability of the organiser concerned — Measures to fight the worldwide spread of an infectious disease — COVID-19 pandemic — Restrictions imposed at the travel destination and in the place of residence of the traveller concerned and in other countries — Lack of conformity of the services provided as part of the package concerned — Appropriate reduction in the price of that package) | 11 |
| 2023/C 71/13 | Case C-719/21 P: Judgment of the Court (Ninth Chamber) of 12 January 2023 — Frédéric Jouvin v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Article 101 TFEU — Complaint submitted to the European Commission — Commission Decision rejecting the complaint — Action for annulment — Time limit for lodging a response) | 12 |
| 2023/C 71/14 | Case C-583/22 PPU: Judgment of the Court (Second Chamber) of 12 January 2023 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — criminal proceedings against MV (Reference for a preliminary ruling — Area of freedom, security and justice — Police and judicial cooperation in criminal matters — Framework Decision 2008/675/JHA — Article 3(1) — Principle of assimilation of earlier convictions handed down in another Member State — Obligation to ensure that the effects attached to those convictions are equivalent to those attached to previous national convictions — National rules concerning subsequent formation of a cumulative sentence — Multiple offences — Determination of an aggregate sentence — Maximum of 15 years for non-life custodial sentences — Article 3(5) — Exception — Offence committed before the handing down or execution of sentences in another Member State) | 12 |
| 2023/C 71/15 | Case C-359/21: Order of the President of the Court of Justice of 12 January 2023 (request for a preliminary ruling from the Administratīvā rajona tiesa — Latvia) — ‘MS Konsultanti’ SIA v Valsts ieņēmumu dienests (Removal from the Register) | 13 |
| 2023/C 71/16 | Case C-469/22: Order of the Court (Eighth Chamber) of 10 January 2023 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Ambisig — Ambiente e Sistemas de Informação Geográfica SA v Fundação do Desporto, ANO — Sistemas de Informática e Serviços Lda, Link Consulting — Tecnologias de Informação SA (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Public procurement of service, supply and works contracts — Directive 2014/24/EU — Conduct of the procedure — Choice of participants and award of contracts — Article 63 — Economic operator relying on the capacities of another entity in order to meet the requirements of the contracting authority — Obligation of that economic operator to submit the qualification documents of a subcontractor after the tender has been awarded — Incompatibility) | 14 |
| 2023/C 71/17 | Joined Cases C-313/21 P and C-314/21 P: Order of the Court (Eighth Chamber) of 22 December 2022 — Council v FI (C-313/21 P) and Commission v FI (C-314/21 P) (Appeal — Article 182 of the Rules of Procedure of the Court of Justice — Civil service — Pension — Staff Regulations of Officials of the European Union — Article 20 of Annex VIII — Grant of a survivor’s pension — Surviving spouse of a former official who was in receipt of invalidity allowance — Marriage entered into after that official became entitled to invalidity allowance — Condition that the marriage must have lasted for at least five years at the date of the official’s death — Article 19 of Annex VIII — Marriage entered into before that official became entitled to invalidity allowance — No condition as to the minimum duration of the marriage — Plea of illegality in respect of Article 20 of Annex VIII — Charter of Fundamental Rights of the European Union — Article 20 — Principle of equal treatment — Article 21(1) — Principle of non-discrimination — Article 52(1) — No arbitrary or manifestly inappropriate differentiation in the light of the objective pursued by the EU legislature) | 14 |
| 2023/C 71/18 | Case C-680/22 P: Appeal brought on 4 November 2022 by DD against the judgment of the General Court (Fourth Chamber) delivered on 7 September 2022 in Case T-470/20, DD v FRA | 15 |
| 2023/C 71/19 | Case C-706/22: Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 17 November 2022 — Konzernbetriebsrat der O SE & Co. KG | 16 |
| 2023/C 71/20 | Case C-744/22: Request for a preliminary ruling from the Rayonen sad Nessebar (Bulgaria) lodged on 5 December 2022 — Vodosnabdyavane i kanalizatsia EAD v PQ | 17 |
| 2023/C 71/21 | Case C-752/22: Request for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 9 December 2022 — EP v Maahanmuuttovirasto | 18 |
| 2023/C 71/22 | Case C-760/22: Request for a preliminary ruling from the Sofiyski gradski sad (Bulgaria) lodged on 15 December 2022 — Criminal proceedings against FP, QV, IN, YL, VD, JF and OL | 18 |
| | General Court |
| 2023/C 71/23 | Case T-250/19: Judgment of the General Court of 21 December 2022 — Tradición CZ v EUIPO — Rivero Argudo (TRADICIÓN CZ, S.L.) (EU trade mark — Opposition proceedings — Application for EU word mark TRADICIÓN CZ, S.L. — Earlier EU word mark RIVERO CZ — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)) | 19 |
| 2023/C 71/24 | Case T-242/21: Judgment of the General Court of 21 December 2022 — Pshonka v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of the persons, entities and bodies covered by the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of defence and the right to effective judicial protection) | 19 |
| 2023/C 71/25 | Case T-243/21: Judgment of the General Court of 21 December 2022 — Pshonka v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of the persons, entities and bodies covered by the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of defence and the right to effective judicial protection) | 20 |
| 2023/C 71/26 | Case T-260/21: Judgment of the General Court of 21 December 2022 — E. Breuninger v Commission (State aid — Framework system to grant support for uncovered fixed costs in the context of the COVID-19 pandemic in Germany — Decision not to raise any objections — Temporary Framework for State aid measures — Individual examination of the aid scheme notified — Measure aimed at remedying a serious disturbance in the economy of a Member State — Proportionality) | 21 |
| 2023/C 71/27 | Case T-306/21: Judgment of the General Court of 21 December 2022 — Falke v Commission (State aid — Framework system to grant support for uncovered fixed costs in the context of the COVID-19 pandemic in Germany — Decision not to raise any objections — Temporary Framework for State aid measures — Individual examination of the aid scheme notified — Measure aimed at remedying a serious disturbance in the economy of a Member State — Proportionality) | 22 |
| 2023/C 71/28 | Case T-525/21: Judgment of the General Court of 21 December 2022 — E. Breuninger v Commission (Action for annulment — State aid — Framework system to establish a federal compensation scheme in Germany for losses caused by lockdown decisions — Decision not to raise any objections — Aid to make good the damage caused by natural disasters or other exceptional occurrences — No interest in bringing proceedings — Inadmissibility) | 22 |
| 2023/C 71/29 | Case T-554/21: Judgment of the General Court of 21 December 2022 — European Lotto and Betting v EUIPO — Tipp24 Services (Cash4Life) (EU trade mark — Invalidity proceedings — EU word mark Cash4Life — Absolute ground for invalidity — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)) | 23 |
| 2023/C 71/30 | Case T-702/21: Judgment of the General Court of 21 December 2022 — Ekobulkos v Commission (State aid — Production of electricity from renewable sources — Complaint — Action for failure to act — Call to act — Admissibility — Obligation to act — None) | 24 |
| 2023/C 71/31 | Case T-777/21: Judgment of the General Court of 21 December 2022 — Trend Glass v EUIPO (ECO STORAGE) (EU trade mark — Application for EU figurative mark ECO STORAGE — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — Lack of distinctive character — Article 7(1)(b) of Regulation 2017/1001 — Obligation to state reasons — Legal certainty — Equal treatment) | 24 |
| 2023/C 71/32 | Case T-43/22: Judgment of the General Court of 21 December 2022 — Sanrio v EUIPO — Miroglio Fashion (SANRIO CHARACTERS) (EU trade mark — Opposition proceedings — Application for EU word mark SANRIO CHARACTERS — Earlier EU word mark CARACTÈRE — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)) | 25 |
| 2023/C 71/33 | Case T-44/22: Judgment of the General Court of 21 December 2022 — International Masis Tabak v EUIPO — Philip Morris Brands (Representation of a pack of cigarettes) (EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark representing a pack of cigarettes — Earlier international figurative mark Marlboro SELECTED PREMIUM TOBACCOS — Relative ground for refusal — Damage to reputation — Article 8(5) of Regulation (EU) 2017/1001) | 26 |
| 2023/C 71/34 | Case T-129/22: Judgment of the General Court of 21 December 2022 — Simba Toys v EUIPO — Master Gift Import (BIMBA TOYS) (EU trade mark — Opposition proceedings — Application for EU figurative mark BIMBA TOYS — Earlier international word and figurative marks Simba — Earlier trade name Simba Toys GmbH & Co. KG — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Comparison of the goods — Article 8(4) of Regulation 2017/1001 — Proximity of the economic sectors) | 26 |
| 2023/C 71/35 | Case T-234/20: Order of the General Court of 8 December 2022 — HB v EIB (Civil service — Applicant who has ceased to reply to the Court’s requests — No need to adjudicate) | 27 |
| 2023/C 71/36 | Case T-706/20: Order of the General Court of 15 December 2022 — MiMedx Group v EUIPO — DIZG (Epiflex) (EU trade mark — Revocation proceedings — Withdrawal of the application for revocation — No need to adjudicate) | 27 |
| 2023/C 71/37 | Case T-127/21: Order of the General Court of 21 December 2022 — Swissgrid v Commission (Action for annulment — Energy — European platforms for the exchange of standard products for balancing energy — Switzerland’s participation — Article 1(6) and (7) of Regulation (EU) 2017/2195 — Commission’s letter refusing the participation of the Swiss transmission system operator — Act not open to challenge — Inadmissibility) | 28 |
| 2023/C 71/38 | Case T-480/21: Order of the General Court of 22 December 2022 — British Airways v Commission (Action for annulment and for damages — Competition — Agreements, decisions and concerted practices — Market for airfreight — Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport — Annulment by the General Court — Refusal of the Commission to pay default interest — Remedies — Limitation period — Time limit for bringing proceedings — Out of time — Act confirming a previous measure — Inadmissibility) | 29 |
| 2023/C 71/39 | Case T-566/21: Order of the General Court of 7 December 2022 — Steinbach International v Commission (Action for annulment — Customs union — Common Customs Tariff — Tariff and statistical nomenclature — Classification in the Combined Nomenclature — Tariff heading — Regulatory act entailing implementing measures — No individual concern — Inadmissibility) | 29 |
| 2023/C 71/40 | Case T-692/21: Order of the General Court of 22 December 2022 — AL v Commission (Civil service — OLAF investigation — Acts adopted by OLAF — Identification of the defendant — No act adversely affecting the applicant — Article 76(d) of the Rules of Procedure — Inadmissibility) | 30 |
| 2023/C 71/41 | Case T-769/21: Order of the General Court of 8 December 2022 — Euranimi v Commission (Action for annulment — Dumping — Imports of stainless steel cold-rolled flat products originating in China and Taiwan — Definitive anti-dumping duty — Act not of individual concern — Regulatory act entailing implementing measures — Inadmissibility) | 31 |
| 2023/C 71/42 | Case T-640/22 R: Order of the President of the General Court of 6 December 2022 — Westpole Belgium v Parliament (Interim measures — Public service contracts — External provision for IT services — Application for interim measures — Lack of urgency) | 31 |
| 2023/C 71/43 | Case T-759/22: Action brought on 2 December 2022 — Electrawinds Shabla South EAD v Council | 32 |
| 2023/C 71/44 | Case T-777/22: Action brought on 12 December 2022 — Penguin Random House v EUIPO — Ediciones Literarias Independientes (PLAN B) | 33 |
| 2023/C 71/45 | Case T-787/22: Action brought on 16 December 2022 — TT v Frontex | 34 |
| 2023/C 71/46 | Case T-791/22: Action brought on 21 December 2022 — Broad Far (Hong Kong) and M21 v Commission | 35 |
| 2023/C 71/47 | Case T-794/22: Action brought on 21 December 2022 — Dehesa de Los Llanos v Commission | 35 |
| 2023/C 71/48 | Case T-799/22: Action brought on 22 December 2022 — Thunus and Others v EIB | 36 |
| 2023/C 71/49 | Case T-828/22: Action brought on 23 December 2022 — ACE v Council | 37 |
| 2023/C 71/50 | Case T-2/23: Action brought on 5 January 2023 — Romagnoli Fratelli v CPVO | 38 |
| 2023/C 71/51 | Case T-10/23: Action brought on 17 January 2023 — Light Tec v EUIPO — DecoTrend (lampshades) | 39 |

V   Announcements

COURT PROCEEDINGS

Court of Justice

2023/C 71/02

Case C-883/19 P: Judgment of the Court (Third Chamber) of 12 January 2023 — HSBC Holdings plc, HSBC Bank plc, HSBC Continental Europe, formerly HSBC France v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Euro Interest Rate Derivatives sector — Decision establishing an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Manipulation of the Euribor interbank reference rates — Exchange of confidential information — Restriction of competition by object — Characterisation — Taking into account of procompetitive effects — Single and continuous infringement — ‘Hybrid’ procedure having led successively to the adoption of a settlement decision and a decision made under the ordinary procedure — Charter of Fundamental Rights of the European Union — Article 41 — Right to good administration — Article 48 — Presumption of innocence)

2

2023/C 71/03

Joined Cases C-702/20 and C-17/21: Judgment of the Court (Grand Chamber) of 12 January 2023 (requests for a preliminary ruling from the Augstākā tiesa (Senāts) — Latvia) — ‘DOBELES HES’ SIA (C-702/20), Sabiedrisko pakalpojumu regulēšanas komisija (C-17/21) (Reference for a preliminary ruling — State aid — Article 107(1) TFEU — National legislation imposing an obligation on the public operator to purchase from renewable energy producers at a price higher than the market price — Failure to pay a portion of the aid concerned — Application for compensation submitted by those producers to a public authority distinct from that which is, in principle, required, under that national legislation, to pay that aid and whose budget is intended solely to ensure its own operation — New aid — Notification requirement — De minimis aid — Regulation (EU) No 1407/2013 — Article 5(2) — Cumulation — Taking into account the amounts of aid already received during the reference period on the basis of that national legislation)

3

2023/C 71/04

Case C-42/21 P: Judgment of the Court (Third Chamber) of 12 January 2023 — Lietuvos geležinkeliai AB v European Commission, Orlen Lietuva AB (Appeal — Competition — Abuse of dominant position — Rail freight market — Decision finding an infringement of Article 102 TFEU — Access by third-party undertakings to infrastructure managed by Lithuania’s national railway company — Removal of a section of railway track — Concept of ‘abuse’ — Actual or likely exclusion of a competitor — Exercise by the General Court of its powers of unlimited jurisdiction — Reduction of the fine)

4

2023/C 71/05

Case C-57/21: Judgment of the Court (Second Chamber) of 12 January 2023 (request for a preliminary ruling from the Nejvyšší soud — Czech Republic) — RegioJet a.s. v České dráhy a.s. (Reference for a preliminary ruling — Competition — Abuse of a dominant position — Rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union — Directive 2014/104/EU — Articles 5 and 6 — Disclosure of evidence — Evidence in a competition authority’s file — Proceedings relating to an infringement of competition rules pending before the European Commission — National proceedings relating to an action for damages with regard to the same infringement — Conditions for the disclosure of evidence)

5

2023/C 71/06

Case C-132/21: Judgment of the Court (First Chamber) of 12 January 2023 (request for a preliminary ruling from the Fővárosi Törvényszék — Hungary) — BE v Nemzeti Adatvédelmi és Információszabadság Hatóság (Reference for a preliminary ruling — Protection of natural persons with regard to the processing of personal data — Regulation (EU) 2016/679 — Articles 77 to 79 — Remedies — Parallel exercise — Relationship — Procedural autonomy — Effectiveness of the protection rules established by that regulation — Consistent and homogeneous application of those rules throughout the European Union — Article 47 of the Charter of Fundamental Rights of the European Union)

6

2023/C 71/07

Case C-154/21: Judgment of the Court (First Chamber) of 12 January 2023 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — RW v Österreichische Post AG (Reference for a preliminary ruling — Protection of natural persons with regard to the processing of personal data — Regulation (EU) 2016/679 — Article 15(1)(c) — Data subject’s right of access to his or her data — Information about the recipients or categories of recipient to whom the personal data have been or will be disclosed — Restrictions)

7

2023/C 71/08

Case C-280/21: Judgment of the Court (Third Chamber) of 12 January 2023 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas -Lithuania) — P.I. v Migracijos departamentas prie Lietuvos Respublikos vidaus reikalų ministerijos (Reference for a preliminary ruling — Area of freedom, security and justice — Common asylum policy — Eligibility for refugee status — Directive 2011/95/EU — Article 10(1)(e) and (2) — Reasons for persecution — Concepts of ‘political opinion’ and ‘attributed political opinion’ — Attempts by an applicant for asylum to defend himself, in his country of origin, by legal means against non-State actors acting illegally and in a position to exploit the mechanism by which that State imposes penalties for criminal offences)

8

2023/C 71/09

Joined Cases C-323/21 to C-325/21: Judgment of the Court (First Chamber) of 12 January 2023 (requests for a preliminary ruling from the Raad van State — Netherlands) — Staatssecretaris van Justitie en Veiligheid v B (C-323/21), F (C-324/21) and K v Staatssecretaris van Justitie en Veiligheid (C-325/21) (References for a preliminary ruling — Regulation (EU) No 604/2013 — Determining the Member State responsible for examining an application for international protection — Lodging of multiple applications for international protection in three Member States — Article 29 — Time limit for transfer — Expiry — Transfer of responsibility for examining the application — Article 27 — Remedy — Scope of judicial review — Possibility for the applicant to rely on the transfer of responsibility for examining the application)

8

2023/C 71/10

Case C-356/21: Judgment of the Court (Second Chamber) of 12 January 2023 (request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie — Poland) — J.K. v TP S.A. (Reference for a preliminary ruling — Equal treatment in employment and occupation — Directive 2000/78/EC — Article 3(1)(a) and (c) — Conditions for access to self-employment — Employment and working conditions — Prohibition of discrimination based on sexual orientation — Self-employed person working on the basis of a contract for specific work — Termination and non-renewal of contract — Freedom to choose a contracting party)

9

2023/C 71/11

Case C-395/21: Judgment of the Court (Fourth Chamber) of 12 January 2023 (request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas — Lithuania) — D.V. v M.A. (Reference for a preliminary ruling — Unfair terms in consumer contracts — Directive 93/13/EEC — Contract for the provision of legal services concluded between a lawyer and a consumer — Article 4(2) — Assessment of the unfairness of contractual terms — Exclusion of terms relating to the main subject matter of the contract — Term providing for the payment of lawyers’ fees on the basis of an hourly rate — Article 6(1) — Powers of the national court when dealing with a term considered to be ‘unfair’)

10

2023/C 71/12

Case C-396/221: Judgment of the Court (Second Chamber) of 12 January 2023 (request for a preliminary ruling from the Landgericht München I — Germany) — KT, NS v FTI Touristik GmbH (Reference for a preliminary ruling — Directive (EU) 2015/2302 — Article 14(1) — Package travel and linked travel arrangements — Performance of a package travel contract — Liability of the organiser concerned — Measures to fight the worldwide spread of an infectious disease — COVID-19 pandemic — Restrictions imposed at the travel destination and in the place of residence of the traveller concerned and in other countries — Lack of conformity of the services provided as part of the package concerned — Appropriate reduction in the price of that package)

11

2023/C 71/13

Case C-719/21 P: Judgment of the Court (Ninth Chamber) of 12 January 2023 — Frédéric Jouvin v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Article 101 TFEU — Complaint submitted to the European Commission — Commission Decision rejecting the complaint — Action for annulment — Time limit for lodging a response)

12

2023/C 71/14

Case C-583/22 PPU: Judgment of the Court (Second Chamber) of 12 January 2023 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — criminal proceedings against MV (Reference for a preliminary ruling — Area of freedom, security and justice — Police and judicial cooperation in criminal matters — Framework Decision 2008/675/JHA — Article 3(1) — Principle of assimilation of earlier convictions handed down in another Member State — Obligation to ensure that the effects attached to those convictions are equivalent to those attached to previous national convictions — National rules concerning subsequent formation of a cumulative sentence — Multiple offences — Determination of an aggregate sentence — Maximum of 15 years for non-life custodial sentences — Article 3(5) — Exception — Offence committed before the handing down or execution of sentences in another Member State)

12

2023/C 71/15

Case C-359/21: Order of the President of the Court of Justice of 12 January 2023 (request for a preliminary ruling from the Administratīvā rajona tiesa — Latvia) — ‘MS Konsultanti’ SIA v Valsts ieņēmumu dienests (Removal from the Register)

13

2023/C 71/16

Case C-469/22: Order of the Court (Eighth Chamber) of 10 January 2023 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Ambisig — Ambiente e Sistemas de Informação Geográfica SA v Fundação do Desporto, ANO — Sistemas de Informática e Serviços Lda, Link Consulting — Tecnologias de Informação SA (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Public procurement of service, supply and works contracts — Directive 2014/24/EU — Conduct of the procedure — Choice of participants and award of contracts — Article 63 — Economic operator relying on the capacities of another entity in order to meet the requirements of the contracting authority — Obligation of that economic operator to submit the qualification documents of a subcontractor after the tender has been awarded — Incompatibility)

14

2023/C 71/17

Joined Cases C-313/21 P and C-314/21 P: Order of the Court (Eighth Chamber) of 22 December 2022 — Council v FI (C-313/21 P) and Commission v FI (C-314/21 P) (Appeal — Article 182 of the Rules of Procedure of the Court of Justice — Civil service — Pension — Staff Regulations of Officials of the European Union — Article 20 of Annex VIII — Grant of a survivor’s pension — Surviving spouse of a former official who was in receipt of invalidity allowance — Marriage entered into after that official became entitled to invalidity allowance — Condition that the marriage must have lasted for at least five years at the date of the official’s death — Article 19 of Annex VIII — Marriage entered into before that official became entitled to invalidity allowance — No condition as to the minimum duration of the marriage — Plea of illegality in respect of Article 20 of Annex VIII — Charter of Fundamental Rights of the European Union — Article 20 — Principle of equal treatment — Article 21(1) — Principle of non-discrimination — Article 52(1) — No arbitrary or manifestly inappropriate differentiation in the light of the objective pursued by the EU legislature)

14

2023/C 71/18

Case C-680/22 P: Appeal brought on 4 November 2022 by DD against the judgment of the General Court (Fourth Chamber) delivered on 7 September 2022 in Case T-470/20, DD v FRA

15

2023/C 71/19

Case C-706/22: Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 17 November 2022 — Konzernbetriebsrat der O SE & Co. KG

16

2023/C 71/20

Case C-744/22: Request for a preliminary ruling from the Rayonen sad Nessebar (Bulgaria) lodged on 5 December 2022 — Vodosnabdyavane i kanalizatsia EAD v PQ

17

2023/C 71/21

Case C-752/22: Request for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 9 December 2022 — EP v Maahanmuuttovirasto

18

2023/C 71/22

Case C-760/22: Request for a preliminary ruling from the Sofiyski gradski sad (Bulgaria) lodged on 15 December 2022 — Criminal proceedings against FP, QV, IN, YL, VD, JF and OL

18

General Court

2023/C 71/23

Case T-250/19: Judgment of the General Court of 21 December 2022 — Tradición CZ v EUIPO — Rivero Argudo (TRADICIÓN CZ, S.L.) (EU trade mark — Opposition proceedings — Application for EU word mark TRADICIÓN CZ, S.L. — Earlier EU word mark RIVERO CZ — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

19

2023/C 71/24

Case T-242/21: Judgment of the General Court of 21 December 2022 — Pshonka v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of the persons, entities and bodies covered by the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of defence and the right to effective judicial protection)

19

2023/C 71/25

Case T-243/21: Judgment of the General Court of 21 December 2022 — Pshonka v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of the persons, entities and bodies covered by the freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of defence and the right to effective judicial protection)

20

2023/C 71/26

Case T-260/21: Judgment of the General Court of 21 December 2022 — E. Breuninger v Commission (State aid — Framework system to grant support for uncovered fixed costs in the context of the COVID-19 pandemic in Germany — Decision not to raise any objections — Temporary Framework for State aid measures — Individual examination of the aid scheme notified — Measure aimed at remedying a serious disturbance in the economy of a Member State — Proportionality)

21

2023/C 71/27

Case T-306/21: Judgment of the General Court of 21 December 2022 — Falke v Commission (State aid — Framework system to grant support for uncovered fixed costs in the context of the COVID-19 pandemic in Germany — Decision not to raise any objections — Temporary Framework for State aid measures — Individual examination of the aid scheme notified — Measure aimed at remedying a serious disturbance in the economy of a Member State — Proportionality)

22

2023/C 71/28

Case T-525/21: Judgment of the General Court of 21 December 2022 — E. Breuninger v Commission (Action for annulment — State aid — Framework system to establish a federal compensation scheme in Germany for losses caused by lockdown decisions — Decision not to raise any objections — Aid to make good the damage caused by natural disasters or other exceptional occurrences — No interest in bringing proceedings — Inadmissibility)

22

2023/C 71/29

Case T-554/21: Judgment of the General Court of 21 December 2022 — European Lotto and Betting v EUIPO — Tipp24 Services (Cash4Life) (EU trade mark — Invalidity proceedings — EU word mark Cash4Life — Absolute ground for invalidity — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001))

23

2023/C 71/30

Case T-702/21: Judgment of the General Court of 21 December 2022 — Ekobulkos v Commission (State aid — Production of electricity from renewable sources — Complaint — Action for failure to act — Call to act — Admissibility — Obligation to act — None)

24

2023/C 71/31

Case T-777/21: Judgment of the General Court of 21 December 2022 — Trend Glass v EUIPO (ECO STORAGE) (EU trade mark — Application for EU figurative mark ECO STORAGE — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — Lack of distinctive character — Article 7(1)(b) of Regulation 2017/1001 — Obligation to state reasons — Legal certainty — Equal treatment)

24

2023/C 71/32

Case T-43/22: Judgment of the General Court of 21 December 2022 — Sanrio v EUIPO — Miroglio Fashion (SANRIO CHARACTERS) (EU trade mark — Opposition proceedings — Application for EU word mark SANRIO CHARACTERS — Earlier EU word mark CARACTÈRE — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

25

2023/C 71/33

Case T-44/22: Judgment of the General Court of 21 December 2022 — International Masis Tabak v EUIPO — Philip Morris Brands (Representation of a pack of cigarettes) (EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark representing a pack of cigarettes — Earlier international figurative mark Marlboro SELECTED PREMIUM TOBACCOS — Relative ground for refusal — Damage to reputation — Article 8(5) of Regulation (EU) 2017/1001)

26

2023/C 71/34

Case T-129/22: Judgment of the General Court of 21 December 2022 — Simba Toys v EUIPO — Master Gift Import (BIMBA TOYS) (EU trade mark — Opposition proceedings — Application for EU figurative mark BIMBA TOYS — Earlier international word and figurative marks Simba — Earlier trade name Simba Toys GmbH & Co. KG — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Comparison of the goods — Article 8(4) of Regulation 2017/1001 — Proximity of the economic sectors)

26

2023/C 71/35

Case T-234/20: Order of the General Court of 8 December 2022 — HB v EIB (Civil service — Applicant who has ceased to reply to the Court’s requests — No need to adjudicate)

27

2023/C 71/36

Case T-706/20: Order of the General Court of 15 December 2022 — MiMedx Group v EUIPO — DIZG (Epiflex) (EU trade mark — Revocation proceedings — Withdrawal of the application for revocation — No need to adjudicate)

27

2023/C 71/37

Case T-127/21: Order of the General Court of 21 December 2022 — Swissgrid v Commission (Action for annulment — Energy — European platforms for the exchange of standard products for balancing energy — Switzerland’s participation — Article 1(6) and (7) of Regulation (EU) 2017/2195 — Commission’s letter refusing the participation of the Swiss transmission system operator — Act not open to challenge — Inadmissibility)

28

2023/C 71/38

Case T-480/21: Order of the General Court of 22 December 2022 — British Airways v Commission (Action for annulment and for damages — Competition — Agreements, decisions and concerted practices — Market for airfreight — Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport — Annulment by the General Court — Refusal of the Commission to pay default interest — Remedies — Limitation period — Time limit for bringing proceedings — Out of time — Act confirming a previous measure — Inadmissibility)

29

2023/C 71/39

Case T-566/21: Order of the General Court of 7 December 2022 — Steinbach International v Commission (Action for annulment — Customs union — Common Customs Tariff — Tariff and statistical nomenclature — Classification in the Combined Nomenclature — Tariff heading — Regulatory act entailing implementing measures — No individual concern — Inadmissibility)

29

2023/C 71/40

Case T-692/21: Order of the General Court of 22 December 2022 — AL v Commission (Civil service — OLAF investigation — Acts adopted by OLAF — Identification of the defendant — No act adversely affecting the applicant — Article 76(d) of the Rules of Procedure — Inadmissibility)

30

2023/C 71/41

Case T-769/21: Order of the General Court of 8 December 2022 — Euranimi v Commission (Action for annulment — Dumping — Imports of stainless steel cold-rolled flat products originating in China and Taiwan — Definitive anti-dumping duty — Act not of individual concern — Regulatory act entailing implementing measures — Inadmissibility)

31

2023/C 71/42

Case T-640/22 R: Order of the President of the General Court of 6 December 2022 — Westpole Belgium v Parliament (Interim measures — Public service contracts — External provision for IT services — Application for interim measures — Lack of urgency)

31

2023/C 71/43

Case T-759/22: Action brought on 2 December 2022 — Electrawinds Shabla South EAD v Council

32

2023/C 71/44

Case T-777/22: Action brought on 12 December 2022 — Penguin Random House v EUIPO — Ediciones Literarias Independientes (PLAN B)

33

2023/C 71/45

Case T-787/22: Action brought on 16 December 2022 — TT v Frontex

34

2023/C 71/46

Case T-791/22: Action brought on 21 December 2022 — Broad Far (Hong Kong) and M21 v Commission

35

2023/C 71/47

Case T-794/22: Action brought on 21 December 2022 — Dehesa de Los Llanos v Commission

35

2023/C 71/48

Case T-799/22: Action brought on 22 December 2022 — Thunus and Others v EIB

36

2023/C 71/49

Case T-828/22: Action brought on 23 December 2022 — ACE v Council

37

2023/C 71/50

Case T-2/23: Action brought on 5 January 2023 — Romagnoli Fratelli v CPVO

38

2023/C 71/51

Case T-10/23: Action brought on 17 January 2023 — Light Tec v EUIPO — DecoTrend (lampshades)

39

---

| EN | |
| --- | --- |

EN