do-me/EUR-LEX huggingface dataset:
Case T-170/18: Judgment of the General Court of 12 February 2020 — Kande Mupompa v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Renewal of the listing of the applicant’s name on the list of persons concerned — Obligation to state reasons — Rights of the defence — Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures — Error of law — Manifest error of assessment — Right to property — Right to respect for private and family life — Proportionality — Presumption of innocence — Plea of illegality — Modification of the form of order sought)
Date: 2020-02-12
Institutions: General Court
Subjects: Democratic Republic of the Congo, economic sanctions, human rights, international sanctions, natural person, ownership, principle of proportionality, protection of privacy, right to justice, rights of the defence








C_2020103EN.01002202.xml










30.3.2020   


EN


Official Journal of the European Union


C 103/22






Judgment of the General Court of 12 February 2020 — Kande Mupompa v Council
(Case T-170/18) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Renewal of the listing of the applicant’s name on the list of persons concerned - Obligation to state reasons - Rights of the defence - Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures - Error of law - Manifest error of assessment - Right to property - Right to respect for private and family life - Proportionality - Presumption of innocence - Plea of illegality - Modification of the form of order sought)
(2020/C 103/31)
Language of the case: French

Parties


Applicant: Alex Kande Mupompa (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, M. Forgeois and A. Guillerme, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix, S. Lejeune and H. Marcos Fraile, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of Council Decision (CFSP) 2017/2282 of 11 December 2017 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2017 L 328, p. 19), of Council Implementing Decision (CFSP) 2018/569 of 12 April 2018 implementing Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2018 L 95, p. 21), and of Council Implementing Regulation (EU) No 2018/566 of 12 April 2018 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2018 L 95, p. 9), in so far as they concern the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Alex Kande Mupompa to pay the costs.






(1)  OJ C 161, 7.5.2018.
Prior notification of a concentration (Case M.9748 — KKR/Dentix Health Corporation) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 48/13
Date: 2020-02-12
Institutions: Directorate-General for Competition, European Commission
Subjects: dental medicine, economic concentration, investment company, medical institution, merger control








C_2020048EN.01002201.xml










12.2.2020   


EN


Official Journal of the European Union


C 48/22






Prior notification of a concentration
(Case M.9748 — KKR/Dentix Health Corporation)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 48/13)

1.   
On 4 February 2020, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


KKR & Co. Inc. (‘KKR’, United States),










—


Dentix Health Corporation, S.L.U. (‘Dentix Health Corporation’, Spain)




KKR acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Dentix Health Corporation.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for KKR: global investment firm which offers a broad range of alternative asset funds and other investment products to investors and provides capital markets solutions for the firm, its portfolio companies and other clients,










—


for Dentix Health Corporation: provider of dental care services, through a network of more than 370 fully owned and operated clinics across Spain, Italy, Portugal, Colombia, Chile, Mexico and the United Kingdom.






3.   
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.
Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.


4.   
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:
M.9748 — KKR/Dentix Health Corporation
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu
Fax +32 22964301
Postal address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË







(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.
Case T-175/18: Judgment of the General Court of 12 February 2020 — Ruhorimbere v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Renewal of the listing of the applicant’s name on the list of persons concerned — Obligation to state reasons — Rights of the defence — Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures — Error of law — Manifest error of assessment — Right to property — Right to respect for private and family life — Proportionality — Presumption of innocence — Plea of illegality)
Date: 2020-02-12
Institutions: General Court
Subjects: Democratic Republic of the Congo, economic sanctions, human rights, international sanctions, natural person, ownership, principle of proportionality, protection of privacy, right to justice, rights of the defence








C_2020103EN.01002601.xml










30.3.2020   


EN


Official Journal of the European Union


C 103/26






Judgment of the General Court of 12 February 2020 — Ruhorimbere v Council
(Case T-175/18) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Renewal of the listing of the applicant’s name on the list of persons concerned - Obligation to state reasons - Rights of the defence - Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures - Error of law - Manifest error of assessment - Right to property - Right to respect for private and family life - Proportionality - Presumption of innocence - Plea of illegality)
(2020/C 103/36)
Language of the case: French

Parties


Applicant: Éric Ruhorimbere (Mbuji-Mayi, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, M. Forgeois and A. Guillerme, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix, S. Lejeune and H. Marcos Fraile, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of Council Decision (CFSP) 2017/2282 of 11 December 2017 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2017 L 328, p. 19), in so far as it concerns the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Éric Ruhorimbere to pay the costs.






(1)  OJ C 161, 7.5.2018.
Case T-163/18: Judgment of the General Court of 12 February 2020 — Amisi Kumba v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Renewal of the listing of the applicant’s name on the list of persons concerned — Obligation to state reasons — Rights of the defence — Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures — Error of law — Manifest error of assessment — Right to property — Proportionality — Presumption of innocence — Plea of illegality)
Date: 2020-02-12
Institutions: General Court
Subjects: Democratic Republic of the Congo, economic sanctions, human rights, international sanctions, natural person, ownership, principle of proportionality, protection of privacy, right to justice, rights of the defence








C_2020103EN.01001801.xml










30.3.2020   


EN


Official Journal of the European Union


C 103/18






Judgment of the General Court of 12 February 2020 — Amisi Kumba v Council
(Case T-163/18) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Renewal of the listing of the applicant’s name on the list of persons concerned - Obligation to state reasons - Rights of the defence - Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures - Error of law - Manifest error of assessment - Right to property - Proportionality - Presumption of innocence - Plea of illegality)
(2020/C 103/24)
Language of the case: French

Parties


Applicant: Gabriel Amisi Kumba (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, M. Forgeois and A. Guillerme, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix, H. Marcos Fraile and S. Van Overmeire, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of Council Decision (CFSP) 2017/2282 of 11 December 2017 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2017 L 328, p. 19), in so far as it concerns the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Gabriel Amisi Kumba to pay the costs.






(1)  OJ C 161, 7.5.2018.
Case T-167/18: Judgment of the General Court of 12 February 2020 — Kanyama v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Renewal of the applicant’s name on the list of persons concerned — Obligation to state reasons — Rights of the defence — Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures — Error of law — Manifest error of assessment — Right to property — Right to respect for private and family life — Proportionality — Presumption of innocence — Plea of illegality)
Date: 2020-02-12
Institutions: General Court
Subjects: Democratic Republic of the Congo, economic sanctions, human rights, international sanctions, natural person, ownership, principle of proportionality, protection of privacy, right to justice, rights of the defence








C_2020103EN.01002002.xml










30.3.2020   


EN


Official Journal of the European Union


C 103/20






Judgment of the General Court of 12 February 2020 — Kanyama v Council
(Case T-167/18) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Renewal of the applicant’s name on the list of persons concerned - Obligation to state reasons - Rights of the defence - Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures - Error of law - Manifest error of assessment - Right to property - Right to respect for private and family life - Proportionality - Presumption of innocence - Plea of illegality)
(2020/C 103/28)
Language of the case: French

Parties


Applicant: Célestin Kanyama (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, M. Forgeois and A. Guillerme, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix, H. Marcos Fraile and S. Van Overmeire, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of Council Decision (CFSP) 2017/2282 of 11 December 2017 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2017 L 328, p. 19), in so far as it concerns the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Célestin Kanyama to pay the costs.






(1)  OJ C 161, 7.5.2018.
Case T-166/18: Judgment of the General Court of 12 February 2020 — Ilunga Luyoyo v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Renewal of the listing of the applicant’s name on the list of persons concerned — Obligation to state reasons — Rights of the defence — Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures — Error of law — Manifest error of assessment — Right to property — Right to respect for private and family life — Proportionality — Presumption of innocence — Plea of illegality)
Date: 2020-02-12
Institutions: General Court
Subjects: Democratic Republic of the Congo, economic sanctions, human rights, international sanctions, natural person, ownership, principle of proportionality, protection of privacy, right to justice, rights of the defence








C_2020103EN.01002001.xml










30.3.2020   


EN


Official Journal of the European Union


C 103/20






Judgment of the General Court of 12 February 2020 — Ilunga Luyoyo v Council
(Case T-166/18) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Renewal of the listing of the applicant’s name on the list of persons concerned - Obligation to state reasons - Rights of the defence - Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures - Error of law - Manifest error of assessment - Right to property - Right to respect for private and family life - Proportionality - Presumption of innocence - Plea of illegality)
(2020/C 103/27)
Language of the case: French

Parties


Applicant: Ferdinand Ilunga Luyoyo (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, M. Forgeois and A. Guillerme, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix, H. Marcos Fraile and S. Van Overmeire, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of Council Decision (CFSP) 2017/2282 of 11 December 2017 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2017 L 328, p. 19), in so far as it concerns the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Ferdinand Ilunga Luyoyo to pay the costs.






(1)  OJ C 161, 7.5.2018.
Case C-81/20: Request for a preliminary ruling from the Tribunalul București (Romania) lodged on 12 February 2020 — SC Mitliv Exim SRL v Agenția Națională de Administrare Fiscală and Direcția Generală de Administrare a Marilor Contribuabili
Date: 2020-02-12
Institutions: Court of Justice
Subjects: VAT, administrative procedure, criminal proceedings, damages, rights of the defence, tax evasion, taxpayer








C_2020279EN.01001801.xml










24.8.2020   


EN


Official Journal of the European Union


C 279/18






Request for a preliminary ruling from the Tribunalul București (Romania) lodged on 12 February 2020 — SC Mitliv Exim SRL v Agenția Națională de Administrare Fiscală and Direcția Generală de Administrare a Marilor Contribuabili
(Case C-81/20)
(2020/C 279/24)
Language of the case: Romanian

Referring court

Tribunalul București

Parties to the main proceedings


Applicant: SC Mitliv Exim SRL

Defendants: Agenția Națională de Administrare Fiscală and Direcția Generală de Administrare a Marilor Contribuabili

Questions referred







1.


Do Articles 2 and 273 of Council Directive 2006/112 of 28 November 20[0]6 on the common system of value added tax, (1) Article 50 of the Charter of Fundamental Rights of the European Union and Article 325 TFEU, in circumstances such as those in the main proceedings, preclude national legislation, such as that at issue in the main proceedings, which permits the adoption or implementation of sanctioning measures in relation to a taxpayer who is a legal person, in both administrative and criminal proceedings which are conducted in parallel in relation to that taxpayer, for the same specific acts of tax evasion, in a situation where the penalty applied in the administrative proceedings may also be classified as a criminal penalty, in accordance with the criteria identified by the Court of Justice of the European Union in its case-law, and to what extent are all of those events, taken together, excessive with regard to the taxpayer concerned?










2.


In the light of the answer to Question 1, should EU law be interpreted as precluding national legislation, such as that at issue in the main proceedings, which permits a State, through its tax authorities, to disregard, in administrative proceedings, in respect of the same specific acts of tax evasion, the sum already paid by way of criminal damages which at the same time also constitutes the sum covering the tax loss, thereby making that amount unavailable for a certain period, in order subsequently also to establish in respect of that taxpayer, in the administrative proceedings, ancillary tax obligations in respect of the debt which has already been cleared?






(1)  OJ 2006 L 347, p. 1.
Case T-171/18: Judgment of the General Court 12 February 2020 — Boshab v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Renewal of the listing of the applicant’s name on the list of persons concerned — Obligation to state reasons — Rights of the defence — Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures — Error of law — Manifest error of assessment — Right to property — Right to respect for private and family life — Proportionality — Presumption of innocence — Plea of illegality)
Date: 2020-02-12
Institutions: General Court
Subjects: Democratic Republic of the Congo, economic sanctions, human rights, international sanctions, natural person, ownership, principle of proportionality, protection of privacy, right to justice, rights of the defence








C_2020103EN.01002301.xml










30.3.2020   


EN


Official Journal of the European Union


C 103/23






Judgment of the General Court 12 February 2020 — Boshab v Council
(Case T-171/18) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Renewal of the listing of the applicant’s name on the list of persons concerned - Obligation to state reasons - Rights of the defence - Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures - Error of law - Manifest error of assessment - Right to property - Right to respect for private and family life - Proportionality - Presumption of innocence - Plea of illegality)
(2020/C 103/32)
Language of the case: French

Parties


Applicant: Évariste Boshab (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, M. Forgeois and A. Guillerme, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix, S. Lejeune and H. Marcos Fraile, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of Council Decision (CFSP) 2017/2282 of 11 December 2017 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2017 L 328, p. 19), in so far as it concerns the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Évariste Boshab to pay the costs.






(1)  OJ C 161, 7.5.2018.
Case C-74/20 P: Appeal brought on 12 February 2020 by Hästens Sängar AB against the judgment of the General Court (Second Chamber) delivered on 3 December 2019 in Case T-658/18, Hästens Sängar v EUIPO (Representation of a chequered gingham pattern)
Date: 2020-02-12
Institutions: Court of Justice
Subjects: EU trade mark, clothing, footwear industry, furniture industry, marketing, registered trade mark, textile product, trade-mark law








C_2020247EN.01000303.xml










27.7.2020   


EN


Official Journal of the European Union


C 247/3






Appeal brought on 12 February 2020 by Hästens Sängar AB against the judgment of the General Court (Second Chamber) delivered on 3 December 2019 in Case T-658/18, Hästens Sängar v EUIPO (Representation of a chequered gingham pattern)
(Case C-74/20 P)
(2020/C 247/05)
Language of the case: English

Parties


Appellant: Hästens Sängar AB (represented by: M. Johansson, advokat, R. Wessman, advokat)

Other party to the proceedings: European Union Intellectual Property Office
By order of 28 May 2020 the Court of Justice (Chamber determining whether appeals may proceed) held that the appeal is not allowed to proceed and that Hästens Sängar AB shall bear its own costs.