do-me/EUR-LEX huggingface dataset:
Case T-110/19: Judgment of the General Court of 3 February 2021 — Kazembe Musonda v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Retention of the applicant’s name on the lists of persons covered — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality)
Date: 2021-02-03
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, arms control, international sanctions, natural person, principle of proportionality, protection of privacy, right to justice, rights of the defence








C_2021098EN.01001901.xml










22.3.2021   


EN


Official Journal of the European Union


C 98/19






Judgment of the General Court of 3 February 2021 — Kazembe Musonda v Council
(Case T-110/19) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Retention of the applicant’s name on the lists of persons covered - Obligation to state reasons - Right to be heard - Proof that inclusion and retention on the lists is well founded - Manifest error of assessment - Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures - Right to private and family life - Presumption of innocence - Proportionality - Plea of illegality)
(2021/C 98/19)
Language of the case: French

Parties


Applicant: Jean-Claude Kazembe Musonda (Lubumbashi, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, A. Guillerme and T. Payan, lawyers)

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

Re:

Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2018/1940 of 10 December 2018 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2018 L 134, p. 47) and, second, Council Implementing Regulation (EU) 2018/1931 of 10 December 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 314, p. 1), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Jean-Claude Kazembe Musonda to pay the costs.






(1)  OJ C 139, 15.4.2019.
Non-opposition to a notified concentration (Case M.10086 — Cerberus Group/Dorel Industries) (Text with EEA relevance) 2021/C 64/02
Date: 2021-02-03
Institutions: Directorate-General for Competition, European Commission
Subjects: child, early childhood, economic concentration, household article, investment company, merger control, retail trade, two-wheeled vehicle, wholesale trade








C_2021064EN.01000201.xml










24.2.2021   


EN


Official Journal of the European Union


C 64/2






Non-opposition to a notified concentration
(Case M.10086 — Cerberus Group/Dorel Industries)
(Text with EEA relevance)
(2021/C 64/02)
On 03 February 2021, 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 32021M10086. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Initiative for coal regions in transition. 10 November 2020.
Date: 2021-02-03
Institutions: Directorate-General for Energy
Subjects: adaptation to climate change, coal, coal industry, industrial region, serial publication, technical cooperation

Read the online version. | ISSN 2599-9346 

10 November 2020 

Just Transition Platform Meeting – Coal Regions in
Transition Virtual Week

The European Commission is delighted to announce the Just Transition
Platform Meeting – including the Coal Regions in Transition Virtual Week,
a series of sessions taking place during the week of 16 – 19 November 2020
and that will be held online.

This week will feature two categories of events:

- Meetings of the Just Transition Platform, addressing topics and issues of
relevance for all regions and stakeholders;
- Coal Regions in Transition Virtual Week, with a specific focus on issues
faced by coal, peat and oil shale regions in transition.

The week will kick off with an opening session dedicated to highlight the
importance of stakeholder involvement in the just transition. Stakeholder
engagement will be the central theme guiding the sessions focusing on the just
transition. They will give the floor to financial actors, social partners, business
representatives, youth organizations and transition experts to discuss the needs
and challenges of the just transition. As part of the coal region in transition week,
we will continue by welcoming some of the regions that recently joined the
Initiative, which will introduce their challenges and projects to kick-off the
transition. Different sessions during the week will look at the transition away from
coal within and beyond the EU, with a focus on Ukraine, as well as the future
hydrogen economy.

REGISTER HERE

Registration will close on 13 November at 18:00 CET.

Initiative for coal regions in transition - European Commission. secretariat@coalregions.eu

Subscribe to this newsletter by clicking h e r e.

Unsubscribe from this newsletter by clicking h e r e.

C a t a l o g u e   n u m b e r :   M J - A H - 2 0 - 0 0 5 - E N - N
Commission Implementing Regulation (EU) 2021/154 of 3 February 2021 entering a name in the register of protected designations of origin and protected geographical indications ‘Λουκάνικο Πιτσιλιάς’ (Loukaniko Pitsilias) (PGI)
Date: 2021-02-03
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Cyprus, designation of origin, labelling, meat product, product designation, smoked product








L_2021046EN.01000401.xml










10.2.2021   


EN


Official Journal of the European Union


L 46/4








            COMMISSION IMPLEMENTING REGULATION (EU) 2021/154
of 3 February 2021
         
entering a name in the register of protected designations of origin and protected geographical indications 
            ‘Λουκάνικο Πιτσιλιάς’ (Loukaniko Pitsilias) (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 Article 50(2)(a) of Regulation (EU) No 1151/2012, Cyprus’s application to register the name ‘Λουκάνικο Πιτσιλιάς’ (Loukaniko Pitsilias) was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Λουκάνικο Πιτσιλιάς’ (Loukaniko Pitsilias) should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Λουκάνικο Πιτσιλιάς’ (Loukaniko Pitsilias) (PGI) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.2. – Meat products (cooked, salted, smoked, etc.), as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


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, 3 February 2021.


For the Commission,


On behalf of the President,

Janusz WOJCIECHOWSKI
            

Member of the Commission






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

(2)  
            OJ C 322, 30.9.2020, p. 45.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
Case T-118/19: Judgment of the General Court of 3 February 2021 — Amisi Kumba v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Retention of the applicant’s name on the lists of persons covered — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality)
Date: 2021-02-03
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, arms control, international sanctions, natural person, principle of proportionality, protection of privacy, right to justice, rights of the defence








C_2021098EN.01002201.xml










22.3.2021   


EN


Official Journal of the European Union


C 98/22






Judgment of the General Court of 3 February 2021 — Amisi Kumba v Council
(Case T-118/19) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Retention of the applicant’s name on the lists of persons covered - Obligation to state reasons - Right to be heard - Proof that inclusion and retention on the lists is well founded - Manifest error of assessment - Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures - Right to private and family life - Presumption of innocence - Proportionality - Plea of illegality)
(2021/C 98/23)
Language of the case: French

Parties


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

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

Re:

Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2018/1940 of 10 December 2018 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2018 L 134, p. 47) and, second, Council Implementing Regulation (EU) 2018/1931 of 10 December 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 314, p. 1), in so far as those acts concern 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 139, 15.4.2019.
Case T-116/19: Judgment of the General Court of 3 February 2021 — Kande Mupompa v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Retention of the applicant’s name on the lists of persons covered — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Right to property — Presumption of innocence — Proportionality — Plea of illegality)
Date: 2021-02-03
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, international sanctions, natural person, ownership, principle of proportionality, protection of privacy, right to justice, rights of the defence








C_2021098EN.01002101.xml










22.3.2021   


EN


Official Journal of the European Union


C 98/21






Judgment of the General Court of 3 February 2021 — Kande Mupompa v Council
(Case T-116/19) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Retention of the applicant’s name on the lists of persons covered - Obligation to state reasons - Right to be heard - Proof that inclusion and retention on the lists is well founded - Manifest error of assessment - Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures - Right to private and family life - Right to property - Presumption of innocence - Proportionality - Plea of illegality)
(2021/C 98/22)
Language of the case: French

Parties


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

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

Re:

Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2018/1940 of 10 December 2018 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2018 L 134, p. 47) and, second, Council Implementing Regulation (EU) 2018/1931 of 10 December 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 314, p. 1), in so far as those acts 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 139, 15.4.2019.
Case T-124/19: Judgment of the General Court of 3 February 2021 — Ilunga Luyoyo v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Retention of the applicant’s name on the lists of persons covered — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality)
Date: 2021-02-03
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, arms control, international sanctions, natural person, principle of proportionality, protection of privacy, right to justice, rights of the defence








C_2021098EN.01002602.xml










22.3.2021   


EN


Official Journal of the European Union


C 98/26






Judgment of the General Court of 3 February 2021 — Ilunga Luyoyo v Council
(Case T-124/19) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Retention of the applicant’s name on the lists of persons covered - Obligation to state reasons - Right to be heard - Proof that inclusion and retention on the lists is well founded - Manifest error of assessment - Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures - Right to private and family life - Presumption of innocence - Proportionality - Plea of illegality)
(2021/C 98/29)
Language of the case: French

Parties


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

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

Re:

Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2018/1940 of 10 December 2018 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2018 L 134, p. 47) and, second, Council Implementing Regulation (EU) 2018/1931 of 10 December 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 314, p. 1), in so far as those acts concern 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 139, 15.4.2019.
Case C-92/20: Judgment of the Court (Seventh Chamber) of 3 February 2021 (request for a preliminary ruling from the Finanzgericht Düsseldorf — Germany) — Rottendorf Pharma GmbH v Hauptzollamt Bielefeld (Reference for a preliminary ruling — Customs Union — Community Customs Code — Regulation (EEC) No 2913/92 — Second indent of Article 239(1) — Reimbursement of lawfully collected customs duties — Special situation — Issuance of an authorisation for release for free circulation — Invalidation of the authorisation and issue of an authorisation for inward processing with retroactive effect — Re-exporting goods outside of the EU territory — Failure to present goods to customs)
Date: 2021-02-03
Institutions: Court of Justice
Subjects: customs drawback, customs formalities, customs union, free circulation, goods and services, inward processing, re-export








C_2021110EN.01001301.xml










29.3.2021   


EN


Official Journal of the European Union


C 110/13






Judgment of the Court (Seventh Chamber) of 3 February 2021 (request for a preliminary ruling from the Finanzgericht Düsseldorf — Germany) — Rottendorf Pharma GmbH v Hauptzollamt Bielefeld
(Case C-92/20) (1)

(Reference for a preliminary ruling - Customs Union - Community Customs Code - Regulation (EEC) No 2913/92 - Second indent of Article 239(1) - Reimbursement of lawfully collected customs duties - Special situation - Issuance of an authorisation for release for free circulation - Invalidation of the authorisation and issue of an authorisation for inward processing with retroactive effect - Re-exporting goods outside of the EU territory - Failure to present goods to customs)
(2021/C 110/12)
Language of the case: German

Referring court

Finanzgericht Düsseldorf

Parties to the main proceedings


Applicant: Rottendorf Pharma GmbH

Defendant: Hauptzollamt Bielefeld

Operative part of the judgment

The second indent of Article 239(1) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code must be interpreted as meaning that, first, an economic operator may claim repayment of the customs duties which it has paid only where that operator is in a special situation and there is no manifest negligence or deception on its part and, second, that the fact that the goods concerned were re-exported to a third country without entering the economic network of the European Union is insufficient to establish that that economic operator was in such a special situation. The same conclusion applies where the conduct giving rise to the imposition of the customs duties concerned was caused by an error in the information contained in the computer system of that economic operator, since that error could have been avoided if the same economic operator had taken account of the conditions contained in the authorisation granted to it.


(1)  OJ C 201, 15.6.2020.
Case T-113/19: Judgment of the General Court of 3 February 2021 — Kampete v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Retention of the applicant’s name on the lists of persons covered — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality)
Date: 2021-02-03
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, arms control, international sanctions, natural person, ownership, principle of proportionality, protection of privacy, right to justice, rights of the defence








C_2021098EN.01002002.xml










22.3.2021   


EN


Official Journal of the European Union


C 98/20






Judgment of the General Court of 3 February 2021 — Kampete v Council
(Case T-113/19) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Retention of the applicant’s name on the lists of persons covered - Obligation to state reasons - Right to be heard - Proof that inclusion and retention on the lists is well founded - Manifest error of assessment - Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures - Right to private and family life - Presumption of innocence - Proportionality - Plea of illegality)
(2021/C 98/21)
Language of the case: French

Parties


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

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

Re:

Application under Article 263 TFEU seeking the annulment, first, of Council Decision (CFSP) 2018/1940 of 10 December 2018 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2018 L 134, p. 47) and, second, Council Implementing Regulation (EU) 2018/1931 of 10 December 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 314, p. 1), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Ilunga Kampete to pay the costs.






(1)  OJ C 139, 15.4.2019.