do-me/EUR-LEX huggingface dataset:
Case C-531/19: Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha (Spain) lodged on 11 July 2019 — PO v Subdelegación del Gobierno en Ciudad Real
Date: 2019-07-11
Institutions: Court of Justice
Subjects: foreign national, imprisonment, judicial cooperation in criminal matters in the EU, offence, removal, residence permit








C_2019372EN.01001101.xml










4.11.2019   


EN


Official Journal of the European Union


C 372/11






Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha (Spain) lodged on 11 July 2019 — PO v Subdelegación del Gobierno en Ciudad Real
(Case C-531/19)
(2019/C 372/10)
Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Castilla-La Mancha

Parties to the main proceedings


Applicant: PO

Defendant: Subdelegación del Gobierno en Ciudad Real

Question referred

Is an interpretation such as that set out in judgments of the Spanish Supreme Court No 191/2019 of 19 February 2019, appeal in cassation 5607/2017 (ECLI:ES:TS:2019:580), and No 257/2019 of 27 February 2019, appeal in cassation 5809/2017 (ECLI:ES:TS:2019:663), according to which, through an interpretation of Directive 2001/40/EC, (1) it is possible to come to the conclusion that any third-country national holding a long-term residence permit who has committed an offence punishable by a sentence of at least one year in duration can and should be ‘automatically’ removed, that is to say, [without] needing to give any consideration to his personal, family, social or employment circumstances, compatible with Article 12 of Council [Directive] 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, (2) and with — inter alia — the judgments of the Court of Justice of the European Union of 7 December 2017 (Case C-636/16 (3)) and of 8 December 2011 (Case C-371/08 (4))?


(1)  Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals (OJ 2001 L 149, p. 34).

(2)  OJ 2004 L 16, p. 44.

(3)  Judgment of 7 December 2017, López Pastuzano (C-636/16, EU:C:2017:949).

(4)  Judgment of 8 December 2011, Ziebell (C-371/08, EU:C:2011:809).
Case T-274/18: Judgment of the General Court of 11 July 2019 — Klymenko v Council (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 — 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)
Date: 2019-07-11
Institutions: General Court
Subjects: EU restrictive measure, Ukraine, economic sanctions, international sanctions, natural person, right to justice, rights of the defence, trade restriction








C_2019328EN.01004701.xml










30.9.2019   


EN


Official Journal of the European Union


C 328/47






Judgment of the General Court of 11 July 2019 — Klymenko v Council
(Case T-274/18) (1)

(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 - 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)
(2019/C 328/52)
Language of the case: French

Parties


Applicant: Olexsandr Viktorovych Klymenko (Moscow, Russia) (represented by M. Phelippeau, lawyer)

Defendant: Council of the European Union (represented by A. Vitro and P. Mahnič, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of Council Decision (CFSP) 2018/333 of 5 March 2018, amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L63, p. 48) and of Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 5), in so far as the applicant’s name was maintained on the list of persons, entities and bodies subject to those restrictive measures.

Operative part of the judgment

The Court:






1.



Annuls Council Decision (CFSP) 2018/333 of 5 March 2018, amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine and Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, in so far as Mr Oleksandr Viktorovych Klymenko’s name was maintained on the list of persons, entities and bodies subject to those restrictive measures;











2.



Orders the Council of the European Union to pay the costs.







(1)  OJ C 249, 16.7.2018.
Case C-502/18: Judgment of the Court (Ninth Chamber) of 11 July 2019 (request for a preliminary ruling from the Městský soud v Praze — Czech Republic) — CS and Others v České aerolinie a.s. (Reference for a preliminary ruling — Transport — Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights — Regulation (EC) No 261/2004 — Article 5(1)(c) — Article 7(1) — Right to compensation — Connecting flights — Flights consisting of two flights operated by different air carriers — Long delay in relation to the second flight with points of departure and arrival outside the European Union and operated by a carrier established in a non-Member State)
Date: 2019-07-11
Institutions: Court of Justice
Subjects: EU Member State, air transport, carriage of passengers, carrier, consumer protection, indemnification, third country, traveller








C_2019305EN.01002601.xml










9.9.2019   


EN


Official Journal of the European Union


C 305/26






Judgment of the Court (Ninth Chamber) of 11 July 2019 (request for a preliminary ruling from the Městský soud v Praze — Czech Republic) — CS and Others v České aerolinie a.s.
(Case C-502/18) (1)

(Reference for a preliminary ruling - Transport - Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights - Regulation (EC) No 261/2004 - Article 5(1)(c) - Article 7(1) - Right to compensation - Connecting flights - Flights consisting of two flights operated by different air carriers - Long delay in relation to the second flight with points of departure and arrival outside the European Union and operated by a carrier established in a non-Member State)
(2019/C 305/32)
Language of the case: Czech

Referring court

Městský soud v Praze

Parties to the main proceedings


Applicants: CS, DR, EQ, FP, GO, HN, IM, JL, KK, LJ, MI

Defendant: České aerolinie a.s.

Operative part of the judgment

Article 5(1)(c) and Article 7(1) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, read together with Article 3(5) of Regulation No 261/2004, must be interpreted as meaning that, in the case of connecting flights, where there are two flights that are the subject of a single reservation, departing from an airport located within the territory of a Member State and travelling to an airport located in a non-Member State via the airport of another non-Member State, a passenger who suffers a delay in reaching his or her destination of 3 hours or more, the cause of that delay arising in the second flight, operated, under a code-share agreement, by a carrier established in a non-Member State, may bring his or her action for compensation under that regulation against the Community air carrier that performed the first flight.


(1)  OJ C 341, 24.9.2018.
Case T-289/18: Judgment of the General Court of 11 July 2019 — Pshonka v Council (Common foreign and security policy — Restrictive measures adopted with regard to 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 — Obligation on the Council to check that the decision of an authority of a third State was taken in observance of the rights of the defence and of the right to effective judicial protection)
Date: 2019-07-11
Institutions: General Court
Subjects: EU restrictive measure, Ukraine, economic sanctions, international sanctions, natural person, right to justice, rights of the defence, trade restriction








C_2019328EN.01004901.xml










30.9.2019   


EN


Official Journal of the European Union


C 328/49






Judgment of the General Court of 11 July 2019 — Pshonka v Council
(Case T-289/18) (1)

(Common foreign and security policy - Restrictive measures adopted with regard to 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 - Obligation on the Council to check that the decision of an authority of a third State was taken in observance of the rights of the defence and of the right to effective judicial protection)
(2019/C 328/54)
Language of the case: Czech

Parties


Applicant: Artem Viktorovych Pshonka (Kramatorsk, Ukraine) (represented by: M. Mleziva, lawyer)

Defendant: Council of the European Union (represented by: V. Piessevaux and R. Pekař, Agents)

Re:

Application based on Article 263 TFEU and seeking annulment of Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 48), and of Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 5), in so far as the applicant’s name was maintained on the list of persons, entities and bodies subject to those restrictive measures.

Operative part of the judgment

The Court:






1.



Annuls Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine and Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine in so far Artem Viktorovych Pshonka’s name was maintained on the list of person, entities and bodies subject to those restrictive measures;











2.



Orders the Council of the European Union to pay the costs.







(1)  OJ C 249, 16.7.2018.
Case C-533/19: Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha (Spain) lodged on 11 July 2019 — RQ v Subdelegación del Gobierno en Ciudad Real
Date: 2019-07-11
Institutions: Court of Justice
Subjects: foreign national, imprisonment, judicial cooperation in criminal matters in the EU, offence, removal, residence permit








C_2019372EN.01001201.xml










4.11.2019   


EN


Official Journal of the European Union


C 372/12






Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha (Spain) lodged on 11 July 2019 — RQ v Subdelegación del Gobierno en Ciudad Real
(Case C-533/19)
(2019/C 372/11)
Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Castilla-La Mancha

Parties to the main proceedings


Applicant: RQ

Defendant: Subdelegación del Gobierno en Ciudad Real

Question referred

Is an interpretation such as that set out in judgments of the Spanish Supreme Court No 191/2019 of 19 February 2019, appeal in cassation 5607/2017 (ECLI:ES:TS:2019:580), and No 257/2019 of 27 February 2019, appeal in cassation 5809/2017 (ECLI:ES:TS:2019:663), according to which, through an interpretation of Directive 2001/40/EC, (1) it is possible to come to the conclusion that any third-country national holding a long-term residence permit who has committed an offence punishable by a sentence of at least one year in duration can and should be ‘automatically’ removed, that is to say, [without] needing to give any consideration to his personal, family, social or employment circumstances, compatible with Article 12 of Council [Directive] 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, (2) and with — inter alia — the judgments of the Court of Justice of the European Union of 7 December 2017 (Case C-636/16 (3)) and of 8 December 2011 (Case C-371/08 (4))?


(1)  Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals (OJ 2001 L 149, p. 34).

(2)  OJ 2004 L 16, p. 44.

(3)  Judgment of 7 December 2017, López Pastuzano (C-636/16, EU:C:2017:949).

(4)  Judgment of 8 December 2011, Ziebell (C-371/08, EU:C:2011:809).
Case T-349/18: Judgment of the General Court of 11 July 2019 — Hauzenberger v EUIPO (TurboPerformance) (EU trade mark — Application for EU figurative mark TurboPerformance — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001)
Date: 2019-07-11
Institutions: General Court
Subjects: EU trade mark, electronic component, engine, maintenance, registered trade mark, software, trade-mark law, vehicle parts








C_2019328EN.01005001.xml










30.9.2019   


EN


Official Journal of the European Union


C 328/50






Judgment of the General Court of 11 July 2019 — Hauzenberger v EUIPO (TurboPerformance)
(Case T-349/18) (1)

(EU trade mark - Application for EU figurative mark TurboPerformance - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001)
(2019/C 328/55)
Language of the case: German

Parties


Applicant: Andreas Hauzenberger (Sinzing, Germany) (represented by: B. Bittner, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Eberl and D. Hanf, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 5 April 2018 (Case R 2206/2017-4) concerning an application for registration of the figurative sign TurboPerformance as an EU trade mark.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Mr Andreas Hauzenberger to pay the costs.







(1)  OJ C 259, 23.7.2018.
Case T-185/17: Judgment of the General Court of 11 July 2019 — PlasticsEurope v ECHA (REACH — Establishment of a list of substances identified with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 — Inclusion in that list of Bisphenol A as a substance which is toxic for reproduction — Articles 57 and 59 of Regulation No 1907/2006)
Date: 2019-07-11
Institutions: General Court
Subjects: chemical product, market approval, marketing standard, organic chemical, reproductive health, toxic substance








C_2019295EN.01002001.xml










2.9.2019   


EN


Official Journal of the European Union


C 295/20






Judgment of the General Court of 11 July 2019 — PlasticsEurope v ECHA
(Case T-185/17) (1)

(REACH - Establishment of a list of substances identified with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 - Inclusion in that list of Bisphenol A as a substance which is toxic for reproduction - Articles 57 and 59 of Regulation No 1907/2006)
(2019/C 295/25)
Language of the case: English

Parties


Applicant: PlasticsEurope (Brussels, Belgium) (represented by: R. Cana, É. Mullier and F. Mattioli, lawyers)

Defendant: European Chemicals Agency (represented by: M. Heikkilä, W. Broere and N. Herbatschek, acting as Agents)

Interveners in support of the defendant: French Republic (represented initially by: D. Colas, J. Traband and B. Fodda and subsequently by D. Colas, J. Traband and E. de Moustier, acting as Agents), ClientEarth (London, United Kingdom) (represented by: P. Kirch, lawyer)

Re:

Application under Article 263 TFEU for annulment of ECHA’s decision of 4 January 2017 (ED/01/2017) by which Bisphenol A was included in the list of substances identified for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p. 1, corrigendum OJ 2007 L 136, p. 3), as referred to in Article 59(1) of that regulation, on the ground that that substance had been identified as toxic for reproduction within the meaning of Article 57(c) of Regulation No 1907/2006.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders PlasticsEurope to bear its own costs and to pay the costs incurred by the European Chemicals Agency (ECHA) and ClientEarth;











3.



Orders the French Republic to bear its own costs.







(1)  OJ C 161, 22.5.2017.
Case T-285/18: Judgment of the General Court of 11 July 2019 — Pshonka v Council (Common foreign and security policy — Restrictive measures adopted with regard to 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 — Obligation on the Council to check that the decision of an authority of a third State was taken in observance of the rights of the defence and of the right to effective judicial protection)
Date: 2019-07-11
Institutions: General Court
Subjects: EU restrictive measure, Ukraine, economic sanctions, international sanctions, natural person, right to justice, rights of the defence, trade restriction








C_2019328EN.01004801.xml










30.9.2019   


EN


Official Journal of the European Union


C 328/48






Judgment of the General Court of 11 July 2019 — Pshonka v Council
(Case T-285/18) (1)

(Common foreign and security policy - Restrictive measures adopted with regard to 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 - Obligation on the Council to check that the decision of an authority of a third State was taken in observance of the rights of the defence and of the right to effective judicial protection)
(2019/C 328/53)
Language of the case: Czech

Parties


Applicant: Viktor Pavlovych Pshonka (Kiev, Ukraine) (represented by: M. Mleziva, lawyer)

Defendant: Council of the European Union (represented by: V. Piessevaux and R. Pekař, Agents)

Re:

Application based on Article 263 TFEU and seeking annulment of Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 48), and of Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 5), in so far as the applicant’s name was maintained on the list of persons, entities and bodies subject to those restrictive measures.

Operative part of the judgment

The Court:






1.



Annuls Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine and Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine in so far Viktor Pavlovych Pshonka’s name was maintained on the list of person, entities and bodies subject to those restrictive measures;











2.



Orders the Council of the European Union to pay the costs.







(1)  OJ C 249, 16.7.2018.
Case C-416/18 P: Judgment of the Court (Seventh Chamber) of 11 July 2019 — Mykola Yanovych Azarov v Council of the European Union (Appeal — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds and economic resources — List of persons, entities and bodies covered by the freezing of funds and economic resources — Maintenance of the applicant’s name — Decision by an authority of a third State — Council’s obligation to verify that that decision was taken in accordance with the rights of the defence and the right to effective judicial protection)
Date: 2019-07-11
Institutions: Court of Justice
Subjects: EU restrictive measure, Ukraine, economic sanctions, international sanctions, natural person, right to justice, rights of the defence








C_2019305EN.01002401.xml










9.9.2019   


EN


Official Journal of the European Union


C 305/24






Judgment of the Court (Seventh Chamber) of 11 July 2019 — Mykola Yanovych Azarov v Council of the European Union
(Case C-416/18 P) (1)

(Appeal - Restrictive measures taken in view of the situation in Ukraine - Freezing of funds and economic resources - List of persons, entities and bodies covered by the freezing of funds and economic resources - Maintenance of the applicant’s name - Decision by an authority of a third State - Council’s obligation to verify that that decision was taken in accordance with the rights of the defence and the right to effective judicial protection)
(2019/C 305/30)
Language of the case: German

Parties


Appellant: Mykola Yanovych Azarov (represented by: A. Egger and G. Lansky, Rechtsanwälte)

Other party to the proceedings: Council of the European Union (represented by: J.-P. Hix and J. Bauerschmidt, acting as Agents)

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 26 April 2018, Azarov v Council (T-190/16, not published, EU:T:2018:232);










2.


Annuls Council Decision (CFSP) 2016/318 of 4 March 2016 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, and Council Implementing Regulation (EU) 2016/311 of 4 March 2016 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, in so far as they concern Mr Mykola Yanovych Azarov.










3.


Orders the Council of the European Union to pay the costs incurred both in the proceedings at first instance and in the present appeal.






(1)  OJ C 301, 27.8.2018.