do-me/EUR-LEX huggingface dataset:
Case C-673/19: Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 11 September 2019 — M, A, Staatssecretaris van Justitie en Veiligheid, other parties: Staatssecretaris van Justitie en Veiligheid, T
Date: 2019-09-11
Institutions: Court of Justice
Subjects: detention before trial, foreign national, illegal migration, removal, right of asylum








C_2019423EN.01002101.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/21






Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 11 September 2019 — M, A, Staatssecretaris van Justitie en Veiligheid, other parties: Staatssecretaris van Justitie en Veiligheid, T
(Case C-673/19)
(2019/C 423/26)
Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings


Applicants: M, A, Staatssecretaris van Justitie en Veiligheid

Defendants: Staatssecretaris van Justitie en Veiligheid, T

Question referred

Does Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ 2008 L 348), (1) in particular Articles 3, 4, 6 and 15 thereof, preclude a foreign national who enjoys international protection in another EU Member State from being detained under national law, given that the purpose of the detention is removal to that other Member State and, for that reason, an instruction to depart to the territory of that Member State had initially been issued but no return decision was subsequently taken?


(1)  P. 98.
Case T-578/19 R: Order of the President of the General Court of 11 September 2019 — Sophia Group v Parliament (Interim measures – Public service contracts – Application for interim measures – Lack of urgency)
Date: 2019-09-11
Institutions: General Court
Subjects: award of contract, building services, help desk, public procurement, services contract, tendering








C_2019363EN.01001701.xml










28.10.2019   


EN


Official Journal of the European Union


C 363/17






Order of the President of the General Court of 11 September 2019 — Sophia Group v Parliament
(Case T-578/19 R)
(Interim measures - Public service contracts - Application for interim measures - Lack of urgency)
(2019/C 363/25)
Language of the case: French

Parties


Applicant: Sophia Group (Saint-Josse-ten-Noode, Belgium) (represented by: Y. Schneider and C.-H. de la Vallée Poussin, lawyers)

Defendant: European Parliament (represented by: L. Tapper Brandberg and S. Toliušis, Agents)

Re:

Application on the basis of Articles 278 and 279 TFEU for the grant of interim measures seeking, first, the suspension of operation of the Parliament’s decision dated 30 July 2019 to award Lot No 1 of the tender for the ‘Provision of Buildings HelpDesk services’ (Call for tenders 06A0010/2019/M011) to another tenderer, and, secondly, the suspension of the contract concluded with that other tenderer.

Operative part of the order







1.



The application for interim measures is dismissed.











2.



Costs are reserved.
Case T-137/19: Order of the General Court of 11 September 2019 — Souruh v Council (Action for damages — Common Foreign and Security Policy — Restrictive measures against Syria — Freezing of funds — Lack of jurisdiction)
Date: 2019-09-11
Institutions: General Court
Subjects: EU restrictive measure, Syria, economic sanctions, indemnification, international sanctions, legal person, ownership








C_2019399EN.01006801.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/68






Order of the General Court of 11 September 2019 — Souruh v Council
(Case T-137/19) (1)

(Action for damages - Common Foreign and Security Policy - Restrictive measures against Syria - Freezing of funds - Lack of jurisdiction)
(2019/C 399/85)
Language of the case: French

Parties


Applicant: Souruh SA (Damascus, Syria) (represented by: E. Ruchat, lawyer)

Defendant: Council of the European Union (represented by: A. Jaume and V. Piessevaux, acting as Agents)

Re:

Application pursuant to Article 268 TFEU for compensation for the damage allegedly suffered by the applicant following the adoption of Council Decision (CFSP) 2018/778 of 28 May 2018, amending Council Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2018, L 131, p. 16), and its subsequent implementing acts, and following Council Decision (CFSP) 2019/806 of 17 May 2019, amending Council Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2019 L 132, p. 36), in so far as they concern the applicant.

Operative part of the order







1.



The action is dismissed.











2.



Souruh SA is ordered to bear its own costs and to pay those incurred by the Council of the European Union.







(1)  OJ C 148, 29.4.2019.
Case T-62/19: Order of the General Court of 11 September 2019 — Almashreq Investment Fund v Council (Action for compensation — Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Lack of competence)
Date: 2019-09-11
Institutions: General Court
Subjects: EU restrictive measure, Syria, economic sanctions, indemnification, international sanctions, legal person, ownership








C_2019399EN.01006701.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/67






Order of the General Court of 11 September 2019 — Almashreq Investment Fund v Council
(Case T-62/19) (1)

(Action for compensation - Common foreign and security policy - Restrictive measures taken against Syria - Freezing of funds - Lack of competence)
(2019/C 399/83)
Language of the case: French

Parties


Applicant: Almashreq Investment Fund (Damascus, Syria) (represented by E. Ruchat, lawyer)

Defendant: Council of the European Union (represented by A. Jaume and V. Piessevaux, acting as Agents)

Re:

Application under Article 268 TFEU seeking compensation in respect of the harm allegedly suffered by the applicant as a result of the adoption of Council Decision (CFSP) 2018/778 of 28 May 2018 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2018 L 131, p. 16) and its subsequent implementing acts, and as a result of Council Decision (CFSP) 2019/806 of 17 May 2019 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2019 L 132, p. 36), in so far as those decisions concern the applicant.

Operative part of the order







1.



The action is dismissed.











2.



Almashreq Investment Fund shall bear its own costs and pay those incurred by the Council of the European Union.







(1)  OJ C 139, 15.4.2019.
Case C-677/19: Request for a preliminary ruling from the Tribunalul Vâlcea (Romania) lodged on 11 September 2019 — S.C. Valoris S.R.L. v Direcția Generală Regională a Finanțelor Publice Craiova — Administrația Județeană a Finanțelor Publice Vâlcea and Administrația Fondului pentru Mediu
Date: 2019-09-11
Institutions: Court of Justice
Subjects: infringement of EU law, tax collection, tax rebate








C_2019432EN.01002102.xml










23.12.2019   


EN


Official Journal of the European Union


C 432/21






Request for a preliminary ruling from the Tribunalul Vâlcea (Romania) lodged on 11 September 2019 — S.C. Valoris S.R.L. v Direcția Generală Regională a Finanțelor Publice Craiova — Administrația Județeană a Finanțelor Publice Vâlcea and Administrația Fondului pentru Mediu
(Case C-677/19)
(2019/C 432/27)
Language of the case: Romanian

Referring court

Tribunalul Vâlcea

Parties to the main proceedings


Applicant: S.C. Valoris S.R.L.

Defendants: Direcția Generală Regională a Finanțelor Publice Craiova — Administrația Județeană a Finanțelor Publice Vâlcea and Administrația Fondului pentru Mediu

Question referred

Are the principles of sincere cooperation, equivalence and effectiveness to be interpreted as precluding a provision of national law, such as Article 1(2) of Ordonanța de urgență a Guvernului nr. 52/2017 (Government Emergency Order No 52/2017), which has laid down a time limit of approximately 1 year for the lodging of applications for the reimbursement of certain taxes levied in breach of EU law, while domestic legislation lays down no similar time limit for the exercise of the right to reimbursement of sums levied in breach of domestic law?
Joined Cases T-721/17 and T-722/17: Judgment of the General Court of 11 September 2019 — Topor-Gilka and WO Technopromexport v Council (Common foreign and security policy – Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine – Freezing of funds – Obligation to state reasons – Error of assessment)
Date: 2019-09-11
Institutions: General Court
Subjects: EU restrictive measure, Russo-Ukrainian issue, Ukraine, economic sanctions, international sanctions, legal person, natural person, territorial dispute, trade restriction








C_2019383EN.01005801.xml










11.11.2019   


EN


Official Journal of the European Union


C 383/58






Judgment of the General Court of 11 September 2019 — Topor-Gilka and WO Technopromexport v Council
(Joined Cases T-721/17 and T-722/17) (1)

(Common foreign and security policy - Restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine - Freezing of funds - Obligation to state reasons - Error of assessment)
(2019/C 383/65)
Language of the case: German

Parties


Applicant in Case T-721/17: Sergey Topor-Gilka (Moscow, Russia) (represented by: N. Meyer, lawyer)

Applicant in Case T-722/17: OOO WO Technopromexport (Moscow, Russia) (represented by: N. Meyer, lawyer)

Defendant: Council of the European Union (represented by: J.-P. Hix and E. Salia, acting as Agents)

Interveners in support of the defendant: Federal Republic of Germany (represented: initially by T. Henze, J. Möller and R. Kanitz, and subsequently by J. Möller and R. Kanitz, acting as Agents), European Commission (represented by: L. Baumgart, M. Kellerbauer, T. Ramopoulos and E. Schmidt, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of Council Decision (CFSP) 2017/1418 of 4 August 2017 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2017 L 203 I, p. 5), of Council Decision (CFSP) 2018/392 of 12 March 2018 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2018 L 69, p. 48), and of Council Decision (CFSP) 2018/1237 of 12 September 2018 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2018 L 231, p. 27).

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Mr Sergey Topor-Gilka and OOO WO Technopromexport to bear their own costs and pay the costs incurred by the Council of the European Union;











3.



Orders the Federal Republic of Germany and the European Commission to bear their own costs.







(1)  OJ C 424, 11.12.2017.
Case T-286/18: Judgment of the General Court of 11 September 2019 — Azarov 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: 2019-09-11
Institutions: General Court
Subjects: EU restrictive measure, Ukraine, economic sanctions, international sanctions, natural person, right to justice, rights of the defence, trade restriction








C_2019399EN.01004801.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/48






Judgment of the General Court of 11 September 2019 — Azarov v Council
(Case T-286/18) (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 399/57)
Language of the case: German

Parties


Applicant: Mykola Yanovych Azarov (Kiev, Ukraine) (represented by: A. Egger and G. Lansky, lawyers)

Defendant: Council of the European Union (represented by: J. Bauerschmidt and P. Mahni, acting as Agents)

Re:

Action 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 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 as the name of Mr Mykola Yanovych Azarov 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 240, 9.7.2018.
Non-opposition to a notified concentration (Case M.9518 — CPPIB/EQT/BNVC Group Holdings) (Text with EEA relevance) 2019/C 352/08
Date: 2019-09-11
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, health care system, holding company, investment company, merger control








C_2019352EN.01000801.xml










18.10.2019   


EN


Official Journal of the European Union


C 352/8






Non-opposition to a notified concentration
(Case M.9518 — CPPIB/EQT/BNVC Group Holdings)
(Text with EEA relevance)
(2019/C 352/08)
On 11 September 2019, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32019M9518. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-59/19: Order of the General Court of 11 September 2019 — Makhlouf v Council (Action for compensation — Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Lack of competence)
Date: 2019-09-11
Institutions: General Court
Subjects: EU restrictive measure, Syria, economic sanctions, indemnification, international sanctions, natural person, ownership








C_2019399EN.01006502.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/65






Order of the General Court of 11 September 2019 — Makhlouf v Council
(Case T-59/19) (1)

(Action for compensation - Common foreign and security policy - Restrictive measures taken against Syria - Freezing of funds - Lack of competence)
(2019/C 399/81)
Language of the case: French

Parties


Applicant: Ehab Makhlouf (Damascus, Syria) (represented by E. Ruchat, lawyer)

Defendant: Council of the European Union (represented by A. Jaume and V. Piessevaux, acting as Agents)

Re:

Application under Article 268 TFEU seeking compensation in respect of the harm allegedly suffered by the applicant as a result of the adoption of Council Decision (CFSP) 2018/778 of 28 May 2018 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2018 L 131, p. 16) and its subsequent implementing acts, and as a result of Council Decision (CFSP) 2019/806 of 17 May 2019 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2019 L 132, p. 36), in so far as those decisions concern the applicant.

Operative part of the order







1.



The action is dismissed.











2.



Mr Ehab Makhlouf shall bear his own costs and pay those incurred by the Council of the European Union.







(1)  OJ C 139, 15.4.2019.
Case T-545/18: Judgment of the General Court of 11 September 2019 — YL v Commission (Civil service — Officials — Promotion — 2017 promotion procedure — Decision not to promote the applicant to grade AD 7 with effect from 1 January 2017 — Article 45 of the Staff Regulations — Article 9(3) of Annex IX to the Staff Regulations — Misuse of powers — Disciplinary measure)
Date: 2019-09-11
Institutions: General Court
Subjects: abuse of power, administrator, damages, demotion, disciplinary proceedings, indemnification, pay scale, promotion, staff regulations (EU)








C_2019399EN.01005401.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/54






Judgment of the General Court of 11 September 2019 — YL v Commission
(Case T-545/18) (1)

(Civil service - Officials - Promotion - 2017 promotion procedure - Decision not to promote the applicant to grade AD 7 with effect from 1 January 2017 - Article 45 of the Staff Regulations - Article 9(3) of Annex IX to the Staff Regulations - Misuse of powers - Disciplinary measure)
(2019/C 399/65)
Language of the case: French

Parties


Applicant: YL (represented by: P. Yon and B. de Lapasse, lawyers)

Defendant: European Commission (represented initially by: L. Radu Bouyon and R. Striani, and subsequently by: L. Radu Bouyon and B. Mongin, acting as Agents)

Re:

Application under Article 270 TFEU, first, for annulment of the Commission Decision, communicated to the staff of that institution on 13 November 2017, not to promote the applicant to grade AD 7 during the 2017 promotion procedure, second, for promotion of the applicant to grade AD 7 with effect from 1 January 2017 and, third, for compensation for the damage which the applicant allegedly suffered.

Operative part of the judgment

The Court:






1.



Dismisses the action.











2.



Orders YL to pay the costs.







(1)  OJ C 427, 26.11.2018.
Case T-34/19: Judgment of the General Court of 11 September 2019 — Orkla Foods Danmark v EUIPO (PRODUCED WITHOUT BOILING SCANDINAVIAN DELIGHTS ESTABLISHED 1834 FRUIT SPREAD) (EU trade mark — Application for EU figurative mark PRODUCED WITHOUT BOILING SCANDINAVIAN DELIGHTS ESTABLISHED 1834 FRUIT SPREAD — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)
Date: 2019-09-11
Institutions: General Court
Subjects: EU trade mark, foodstuff, fruit product, processed foodstuff, registered trade mark, trade-mark law, vegetable product








C_2019399EN.01005801.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/58






Judgment of the General Court of 11 September 2019 — Orkla Foods Danmark v EUIPO (PRODUCED WITHOUT BOILING SCANDINAVIAN DELIGHTS ESTABLISHED 1834 FRUIT SPREAD)
(Case T-34/19) (1)

(EU trade mark - Application for EU figurative mark PRODUCED WITHOUT BOILING SCANDINAVIAN DELIGHTS ESTABLISHED 1834 FRUIT SPREAD - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)
(2019/C 399/71)
Language of the case: Danish

Parties


Applicant: Orkla Foods Danmark A/S (Taastrup, Denmark) (represented by: S. Hansen, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. García Murillo and J.F. Crespo Carrillo, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 1 October 2018 (Case R 309/2018-2), relating to an application for registration of the figurative sign PRODUCED WITHOUT BOILING SCANDINAVIAN DELIGHTS ESTABLISHED 1834 FRUIT SPREAD as an EU trade mark.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Orkla Foods Danmark A/S to pay the costs.







(1)  OJ C 112, 25.3.2019.