do-me/EUR-LEX huggingface dataset:
Case C-544/20: Action brought on 23 October 2020 — Republic of Bulgaria v European Parliament, Council of the European Union
Date: 2020-10-23
Institutions: Court of Justice
Subjects: EU Member State, carrier, drivers, driving period, equal treatment, principle of proportionality, principle of subsidiarity, rest period, road transport, working conditions








C_2021019EN.01002601.xml










18.1.2021   


EN


Official Journal of the European Union


C 19/26






Action brought on 23 October 2020 — Republic of Bulgaria v European Parliament, Council of the European Union
(Case C-544/20)
(2021/C 19/31)
Language of the case: Bulgarian

Parties


Applicant: Republic of Bulgaria (represented by: L. Zaharieva, T. Mitova and M. Georgieva, acting as Agents)

Defendants: European Parliament, Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


annul Directive (EU) 2020/1057 (1) of the European Parliament and of the Council of 15 July 2020 laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012; and










—


order the European Parliament and the Council of the European Union to pay the costs of the present proceedings.





Pleas in law and main arguments

In support of its action, the applicant relies on five pleas in law:






1.


First plea in law, alleging infringement of the principle of proportionality, laid down in Article 5(4) of the Treaty on European Union (TEU) and in Article 1 of Protocol (No 2) on the application of the principles of subsidiarity and proportionality, annexed to the TEU and the Treaty on the Functioning of the European Union (TFEU).










2.


Second plea in law, alleging infringement of the principle of equal treatment and non-discrimination, laid down in Article 18 TFEU and in Articles 20 and 21 of the Charter of Fundamental Rights of the European Union, of the principle of equality of Member States before the Treaties, laid down in Article 4(2) TEU, and, in so far as the Court considers it necessary, of Article 95(1) TFEU.










3.


Third plea in law, alleging infringement of Article 91(1) TFEU.










4.


Fourth plea in law, alleging infringement of Article 91(1) and Article 90 TFEU in connection with Article 3(3) TEU and Article 94 TFEU.










5.


Fifth plea in law, alleging infringement of Articles 34 and 35 TFEU that is not justified under Article 36 TFEU, and infringement of Article 58(1) TFEU in connection with Article 91 TFEU or, alternatively, Article 56 TFEU.






(1)  OJ 2020 L 249, p. 49.
Case T-645/20: Action brought on 23 October 2020 — NC and Others v Parliament and Council
Date: 2020-10-23
Institutions: General Court
Subjects: EU Member State, carrier, equal treatment, establishment, freedom to provide services, principle of proportionality, right of establishment, road transport, transport policy, transport regulations








C_2021009EN.01002601.xml










11.1.2021   


EN


Official Journal of the European Union


C 9/26






Action brought on 23 October 2020 — NC and Others v Parliament and Council
(Case T-645/20)
(2021/C 9/38)
Language of the case: English

Parties


Applicants: NC, ND, NE, NF, Uniunea Naţională a Transportatorilor Rutieri din România (UNTRR) (Bucharest, Romania) (represented by: R. Martens, lawyer)

Defendants: European Parliament and Council of the European Union

Form of order sought

The applicants claim that the Court should:






—


annul, partially, Article 1 (3) of Regulation (EU) 2020/1055 of the European Parliament and of the Council of 15 July 2020 amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1024/2012 with a view to adapting them to developments in the road transport sector;










—


order the defendants to pay all costs.





Pleas in law and main arguments

In support of the action, the applicants rely on five pleas in law.






1.


First plea in law, alleging breach of Articles 2, 4(2) and 9 TEU, Articles 18 and 95 TFEU, Article 21 of the Charter of Fundamental Rights of the European Union and the principles of equality and non-discrimination as general principles of Union law juncto Article 5(4) TEU and the principle of proportionality as a general principle of Union law as to substantive and indirect discrimination.










2.


Second plea in law, alleging breach of Articles 26, 49 and 56 TFEU, Articles 16 and 52(1) of the Charter of Fundamental Rights of the European Union juncto Article 5(4) TEU and the principle of proportionality as a general principle of Union law as to unlawful restriction of the freedom to provide services, the freedom of establishment and the freedom to conduct a business.










3.


Third plea in law, alleging breach of Article 3(3) TEU, Articles 11 and 191 TFEU and Article 37 of the Charter of Fundamental Rights of the European Union as to contravening the preservation, protection and improvement of the quality of environment.










4.


Fourth plea in law, alleging breach of Article 296(2) TFEU, Article 5 Protocol 2 TFEU, the Interinstitutional Agreement on Better Law-Making and the obligation to state reasons as to failure to provide for a detailed statement of reasons and failure to carry out impact assessments.










5.


Fifth plea in law, alleging breach of Articles 91 and 94 TFEU juncto Article 5(4) TEU and the principle of proportionality as a general principle of Union law as to seriously affecting the standard of living, the level of employment and the economic circumstances.
Decision of the EEA Joint Committee No 171/2020 of 23 October 2020 amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2023/1746]
Date: 2020-10-23
Institutions: EEA Joint Committee
Subjects: European Economic Area, commitment of expenditure, defence policy, general budget (EU), protocol to an agreement, research and development, revision of an agreement




L_2023227EN.01003901.xml










14.9.2023   


EN


Official Journal of the European Union


L 227/39








            DECISION OF THE EEA JOINT COMMITTEE No 171/2020
of 23 October 2020
         
amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2023/1746]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Articles 86 and 98 thereof,

Whereas:







(1)


It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the general budget of the Union regarding the preparatory action on defence research.












(2)


Protocol 31 to the EEA Agreement should therefore be amended in order to allow for that extended cooperation to take place from 1 January 2020,





HAS ADOPTED THIS DECISION:



Article 1
In paragraph 13(a) of Article 1 of Protocol 31 to the EEA Agreement, the words “and 2019” are replaced by the words “, 2019 and 2020”.


Article 2
This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (*1).
It shall apply from 1 January 2020.


Article 3
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 23 October 2020.


For the EEA Joint Committee


The President

Sabine MONAUNI
            





(*1)  No constitutional requirements indicated.
Commission Implementing Regulation (EU) 2020/1591 of 23 October 2020 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Suska sechlońska’ (PGI))
Date: 2020-10-23
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Little Poland province, Poland, designation of origin, dried product, labelling, product designation, smoked product, stone fruit








L_2020360EN.01001001.xml










30.10.2020   


EN


Official Journal of the European Union


L 360/10








            COMMISSION IMPLEMENTING REGULATION (EU) 2020/1591
of 23 October 2020
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Suska sechlońska’ (PGI))


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Poland’s application for the approval of amendments to the specification for the protected geographical indication ‘Suska sechlońska’, registered under Commission Regulation (EU) No 897/2010 (2).












(2)


Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (3) as required by Article 50(2)(a) of that Regulation.












(3)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Suska sechlońska’ (PGI) are hereby approved.


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 October 2020.


For the Commission,


On behalf of the President,

Janusz WOJCIECHOWSKI
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  Commission Regulation (EU) No 897/2010 of 8 October 2010 entering a name in the register of protected designations of origin and protected geographical indications (Suska sechlońska (PGI)) (OJ L 266, 9.10.2010, p. 46).

(3)  
            OJ C 208, 22.6.2020, p. 5.
Decision of the EEA Joint Committee No 174/2020 of 23 October 2020 amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2023/1749]
Date: 2020-10-23
Institutions: EEA Joint Committee
Subjects: European Economic Area, commitment of expenditure, general budget (EU), goods and services, protocol to an agreement, revision of an agreement, single market




L_2023227EN.01004201.xml










14.9.2023   


EN


Official Journal of the European Union


L 227/42








            DECISION OF THE EEA JOINT COMMITTEE No 174/2020
of 23 October 2020
         
amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2023/1749]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98 thereof,

Whereas:







(1)


It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the general budget of the Union regarding the operation and development of the internal market of goods and services and regarding internal market governance tools.












(2)


Protocol 31 to the EEA Agreement should therefore be amended in order to allow for that extended cooperation to take place from 1 January 2020,





HAS ADOPTED THIS DECISION:



Article 1
In paragraphs 12 and 14 of Article 7 of Protocol 31 to the EEA Agreement, the words “and 2019” are replaced by the words “, 2019 and 2020”.


Article 2
This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (*1).
It shall apply from 1 January 2020.


Article 3
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 23 October 2020.


For the EEA Joint Committee


The President

Sabine MONAUNI
            





(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 156/2020 of 23 October 2020 amending Annex IX (Financial services) to the EEA Agreement [2023/1731]
Date: 2020-10-23
Institutions: EEA Joint Committee
Subjects: European Economic Area, credit control, financial control, financial solvency, insurance company, market supervision, reinsurance, revision of an agreement




L_2023227EN.01001801.xml










14.9.2023   


EN


Official Journal of the European Union


L 227/18








            DECISION OF THE EEA JOINT COMMITTEE No 156/2020
of 23 October 2020
         
amending Annex IX (Financial services) to the EEA Agreement [2023/1731]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98 thereof,

Whereas:







(1)


Commission Delegated Regulation (EU) 2020/442 of 17 December 2019 correcting Delegated Regulation (EU) 2015/35 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (1) is to be incorporated into the EEA Agreement.












(2)


Annex IX to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 1b (Commission Delegated Regulation (EU) 2015/35) of Annex IX to the EEA Agreement:






‘—



32020 R 0442: Commission Delegated Regulation (EU) 2020/442 of 17 December 2019 (OJ L 92, 26.3.2020, p. 1).’






Article 2
The text of Delegated Regulation (EU) 2020/442 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 24 October 2020, provided that all the notifications under Article 103(1) of the EEA Agreement have been made. (*1)



Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 23 October 2020.


For the EEA Joint Committee


The President

Sabine MONAUNI
            





(1)  
            OJ L 92, 26.3.2020, p. 1.

(*1)  No constitutional requirements indicated.
Case T-741/18: Order of the General Court of 23 October 2020 — ZZ v ECB
Date: 2020-10-23
Institutions: General Court
Subjects: bank, banking supervision, financial supervision, financial transparency, law of banking, shareholding








C_2021019EN.01007201.xml










18.1.2021   


EN


Official Journal of the European Union


C 19/72






Order of the General Court of 23 October 2020 — ZZ v ECB
(Case T-741/18) (1)

(2021/C 19/79)
Language of the case: English
The President of the Fourth Chamber (extended composition) has ordered that the case be removed from the register.


(1)  OJ C 103, 18.3.2019.
Case T-643/20: Action brought on 23 October 2020 — Ryanair v Commission
Date: 2020-10-23
Institutions: General Court
Subjects: Netherlands, State aid, aid to undertakings, air transport, control of State aid, coronavirus disease, credit guarantee, epidemic, equal treatment, restriction on competition








C_2020423EN.01004001.xml










7.12.2020   


EN


Official Journal of the European Union


C 423/40






Action brought on 23 October 2020 — Ryanair v Commission
(Case T-643/20)
(2020/C 423/58)
Language of the case: English

Parties


Applicant: Ryanair DAC (Swords, Ireland) (represented by: F. Laprévote, V. Blanc, E. Vahida, S. Rating and I. Metaxas-Maranghidis, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the European Commission’s decision (EU) of 13 July 2020 on State aid SA. 57116 — The Netherlands — COVID-19: State loan guarantee and State loan for KLM; and










—


order the European Commission to pay the costs.




The applicant has also requested that its action be determined under the expedited procedure as referred to in Article 23a of the Statute of the Court of Justice.

Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.






1.


First plea in law, alleging that the European Commission wrongly excluded aid to Air France from the scope of the decision.










2.


Second plea in law, alleging that the European Commission violated specific provisions of the TFEU and the general principles of European law regarding the prohibition of discrimination, free provision of services and free establishment that have underpinned the liberalisation of air transport in the EU since the late 1980s. The liberalization of the air transport market in the EU has allowed the growth of truly pan-European low-fares airlines. The European Commission ignored the damage caused by the COVID-19 crisis to such pan-European airlines and their role in the air connectivity of the Netherlands by authorising the Netherlands to reserve aid to KLM. Article 107(3)(b) TFEU provides for an exception to the prohibition of State aid under Article 107(1) TFEU, but it does not provide for an exception to the other rules and principles of the TFEU.










3.


Third plea in law, alleging that the European Commission misapplied Article 107(3)(b) TFEU and committed a manifest error of assessment by finding that the aid addresses a serious disturbance in the Dutch economy and by violating its obligation to weigh the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition (i.e., the ‘balancing test’) and to ensure that the aid is proportionate.










4.


Fourth plea in law, alleging that the European Commission failed to initiate a formal investigation procedure despite serious difficulties and violated the applicant’s procedural rights.










5.


Fifth plea in law, alleging that the decision violated the European Commission’s duty to state reasons.
Decision of the EEA Joint Committee No 158/2020 of 23 October 2020 amending Annex IX (Financial services) to the EEA Agreement [2023/1733]
Date: 2020-10-23
Institutions: EEA Joint Committee
Subjects: European Economic Area, credit institution, financial control, financial intervention, financial legislation, investment company, revision of an agreement, stock-exchange listing, trade information




L_2023227EN.01002001.xml










14.9.2023   


EN


Official Journal of the European Union


L 227/20








            DECISION OF THE EEA JOINT COMMITTEE No 158/2020
of 23 October 2020
         
amending Annex IX (Financial services) to the EEA Agreement [2023/1733]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2020/125 of 29 January 2020 amending Implementing Regulation (EU) No 945/2014 laying down implementing technical standards with regard to relevant appropriately diversified indices in accordance with Regulation (EU) No 575/2013 of the European Parliament and of the Council (1) is to be incorporated into the EEA Agreement.












(2)


Annex IX to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following is added in point 14aq (Commission Implementing Regulation (EU) No 945/2014) of Annex IX to the EEA Agreement:

                  ‘, as amended by:






—



32020 R 0125: Commission Implementing Regulation (EU) 2020/125 of 29 January 2020 (OJ L 24, 30.1.2020, p. 1).’
                     






Article 2
The text of Implementing Regulation (EU) 2020/125 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 24 October 2020, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 23 October 2020.


For the EEA Joint Committee


The President

Sabine MONAUNI
            





(1)  
            OJ L 24, 30.1.2020, p. 1.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 172/2020 of 23 October 2020 amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2023/1747]
Date: 2020-10-23
Institutions: EEA Joint Committee
Subjects: European Economic Area, commitment of expenditure, foreign national, free movement of workers, general budget (EU), migrant, migration policy, protocol to an agreement, revision of an agreement, social-security harmonisation




L_2023227EN.01004001.xml










14.9.2023   


EN


Official Journal of the European Union


L 227/40








            DECISION OF THE EEA JOINT COMMITTEE No 172/2020
of 23 October 2020
         
amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2023/1747]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Articles 86 and 98 thereof,

Whereas:







(1)


It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the general budget of the Union regarding the free movement of workers, coordination of social security schemes and measures for migrants, including migrants from third countries.












(2)


Protocol 31 to the EEA Agreement should therefore be amended in order to allow for that extended cooperation to take place from 1 January 2020,





HAS ADOPTED THIS DECISION:



Article 1
In paragraphs 5 and 13 of Article 5 of Protocol 31 to the EEA Agreement, the words “and 2019” are replaced by the words “, 2019 and 2020”.


Article 2
This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (*1).
It shall apply from 1 January 2020.


Article 3
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 23 October 2020.


For the EEA Joint Committee


The President

Sabine MONAUNI
            





(*1)  No constitutional requirements indicated.