do-me/EUR-LEX huggingface dataset:
Case T-455/17: Judgment of the General Court of 7 July 2021 — Bateni v Council (Non-contractual liability — Common foreign and security policy — Restrictive measures against Iran — List of persons and entities subject to the freezing of funds and economic resources — Jurisdiction of the General Court — Limitation period — Sufficiently serious breach of a rule of law conferring rights on individuals)
Date: 2021-07-07
Institutions: General Court
Subjects: EU restrictive measure, General Court (EU), Iran, damages, economic sanctions, fundamental rights, international sanctions, jurisdiction, limitation of legal proceedings, natural person








C_2021338EN.01001702.xml










23.8.2021   


EN


Official Journal of the European Union


C 338/17






Judgment of the General Court of 7 July 2021 — Bateni v Council
(Case T-455/17) (1)

(Non-contractual liability - Common foreign and security policy - Restrictive measures against Iran - List of persons and entities subject to the freezing of funds and economic resources - Jurisdiction of the General Court - Limitation period - Sufficiently serious breach of a rule of law conferring rights on individuals)
(2021/C 338/21)
Language of the case: German

Parties


Applicant: Naser Bateni (Hamburg, Germany) (represented by: M. Schlingmann, lawyer)

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

Intervener in support of the defendant: European Commission (represented by: C. Hödlmayr, J. Roberti di Sarsina and M. Kellerbauer, acting as Agents)

Re:

Action based on Articles 268 and 340 TFEU and seeking compensation for the losses which the applicant allegedly suffered following the listing of his name in the lists set out, first, in Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39), by means of Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413 (OJ 2011 L 319, p. 71), and in Annex VIII to Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 (OJ 2010 L 281, p. 1), by means of Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010 (OJ 2011 L 319, p. 11), secondly, in Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010 (OJ 2012 L 88, p. 1), and, thirdly, in the Annex to Council Decision 2013/661/CFSP of 15 November 2013 amending Decision 2010/413 (OJ 2013 L 306, p. 18), and in the Annex to Council Implementing Regulation (EU) No 1154/2013 of 15 November 2013 implementing Regulation No 267/2012 (OJ 2013 L 306, p. 3).

Operative part of the judgment

The Court:






1.


Dismisses the action as in part inadmissible and in part unfounded;










2.


Orders Mr Bateni to bear his own costs and to pay those incurred by the Council of the European Union;










3.


Orders the European Commission to bear its own costs.






(1)  OJ C 300, 11.9.2017.
Case C-416/21: Request for a preliminary ruling from the Bayerisches Oberstes Landesgericht (Germany) lodged on 7 July 2021 — Landkreis A.-F. v J. Sch. Omnibusunternehmen and K. Reisen GmbH
Date: 2021-07-07
Institutions: Court of Justice
Subjects: award of contract, control of restrictive practices, equal treatment, public procurement, restriction on competition, restrictive trade practice, tendering








C_2021431EN.01000702.xml










25.10.2021   


EN


Official Journal of the European Union


C 431/7






Request for a preliminary ruling from the Bayerisches Oberstes Landesgericht (Germany) lodged on 7 July 2021 — Landkreis A.-F. v J. Sch. Omnibusunternehmen and K. Reisen GmbH
(Case C-416/21)
(2021/C 431/05)
Language of the case: German

Referring court

Bayerisches Oberstes Landesgericht

Parties to the main proceedings


Appellant: Landkreis A.-F.

Respondents: J. Sch. Omnibusunternehmen, K. Reisen GmbH

Intervener: E. GmbH & Co. KG

Questions referred







1.


Is Article 57(4)(d) of Directive 2014/24/EU (1) to be interpreted as meaning that the contracting authority must have sufficiently plausible indications to conclude that the economic operator has infringed Article 101 TFEU?










2.


Is Article 57(4) of Directive 2014/24/EU to be interpreted as exhaustively regulating the optional grounds for exclusion in the sense that the principle of equal treatment (Article 18(1) of that directive) cannot preclude the award of a contract where tenders are submitted that are neither independent nor autonomous?










3.


Is Article 18(1) of Directive 2014/24/EU to be interpreted as precluding the award of a contract to undertakings which constitute an economic unit and have each submitted a tender?






(1)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ 2014 L 94, p. 65).
Case T-587/16 RENV: Judgment of the General Court of 7 July 2021 — HM v Commission (Civil service — Officials — Recruitment — Competition notice EPSO/AST-SC/03/15 — Refusal to allow participation in the assessment tests — Request for review — Refusal to forward that request to the selection board for the open competition on the grounds that it was out of time — Division of competences between EPSO and the competition selection board — Interest in bringing proceedings)
Date: 2021-07-07
Institutions: General Court
Subjects: EPSO, assistant, competition (EU), recruitment, secretarial staff








C_2021338EN.01001701.xml










23.8.2021   


EN


Official Journal of the European Union


C 338/17






Judgment of the General Court of 7 July 2021 — HM v Commission
(Case T-587/16 RENV) (1)

(Civil service - Officials - Recruitment - Competition notice EPSO/AST-SC/03/15 - Refusal to allow participation in the assessment tests - Request for review - Refusal to forward that request to the selection board for the open competition on the grounds that it was out of time - Division of competences between EPSO and the competition selection board - Interest in bringing proceedings)
(2021/C 338/20)
Language of the case: German

Parties


Applicant: HM (represented by: H. Tettenborn, lawyer)

Defendant: European Commission (represented by: T. Bohr and G. Gattinara, acting as Agents)

Re:

Application on the basis of Article 270 TFEU for the annulment of the decision of the European Personnel Selection Office (EPSO) of 17 August 2015 not to take into account the request for review of the decision of the selection board not to allow the applicant to participate in the next stage of Competition EPSO/AST-SC/03/15-3.

Operative part of the judgment

The Court:






1.


Annuls the decision of the European Personnel Selection Office (EPSO) of 17 August 2015 not to take into account the request for review of the decision of the selection board not to allow the applicant to participate in the next stage of Competition EPSO/AST-SC/03/15-3;










2.


Orders the European Commission to pay the costs relating to the initial proceedings before the Civil Service Tribunal of the European Union (F-17/16) and the General Court (T-587/16), the proceedings before the Court of Justice in Case C-70/19 P and the present referral proceedings (T-587/16 RENV).






(1)  OJ C 191, 30.5.2016 (case initially registered before the Civil Service Tribunal of the European Union under number F-17/16 and transferred to the General Court of the European Union on 1.9.2016).
Case T-405/21: Action brought on 7 July 2021 — Dexia Crédit Local v SRB
Date: 2021-07-07
Institutions: General Court
Subjects: EU banking union, aid to undertakings, company in difficulties, credit institution, equal treatment, financing method, financing plan, fund (EU), liquidation, principle of proportionality








C_2021338EN.01003801.xml










23.8.2021   


EN


Official Journal of the European Union


C 338/38






Action brought on 7 July 2021 — Dexia Crédit Local v SRB
(Case T-405/21)
(2021/C 338/48)
Language of the case: French

Parties


Applicant: Dexia Crédit Local (Paris, France) (represented by: H. Gilliams and J.-M. Gollier, lawyers)

Defendant: Single Resolution Board

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the Single Resolution Board of 14 April 2021 on the calculation of the 2021 ex-ante contributions to the Single Resolution Fund, with reference SRB/ES/2021/22;










—


order the Single Resolution Board to pay the costs of proceedings.





Pleas in law and main arguments

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






1.


First plea in law, alleging that the contested decision infringes Article 69 of Regulation No 806/2014 in so far as it sets the target level for 2021 at one-eighth of 1,35 % of covered deposits.










2.


Second plea in law, alleging that Delegated Regulation 2015/63 is unlawful:






—


on the ground that it infringes the principle of proportionality in so far as the calculation of the ex-ante contributions to the SRF, first, is not consistent with the objectives pursued by Regulation No 806/2014, second, does not take into account the fact that the applicant is a credit institution in run-off management which is covered by a State guarantee and in respect of which the SRF will theoretically never be called upon and, third, makes its orderly resolution more expensive;










—


on the ground that it infringes the principle of equal treatment in so far as it treats institutions in run-off management under State guarantee and operative institutions in the same way.














3.


Third plea in law, alleging, in the alternative, that the SRB infringed the principles of proportionality and equal treatment for the same reasons as those stated in the second plea in law, in so far as the SRB failed to respect those principles by applying to the applicant, without any adjustment, the provisions of Delegated Regulation 2015/63.










4.


Fourth plea in law, alleging lack of transparency and failure to state reasons in so far as the information provided does not make it possible to exercise properly the rights of defence.










5.


Fifth plea in law, alleging lack of legal basis for Articles 5, 69 and 70 of Regulation No 806/2014 in so far as they were adopted on the basis of Article 114 TFEU even though they do not concern approximation of laws.










6.


Sixth plea in law, alleging lack of legal basis for Articles 5, 69 and 70 of Regulation No 806/2014 in so far as they were adopted on the basis of Article 114 TFEU despite the fact that they are fiscal provisions.
European Parliament legislative resolution of 7 July 2021 on the proposal for a Council directive amending Directive 2006/112/EC as regards conferral of implementing powers to the Commission to determine the meaning of the terms used in certain provisions of that Directive (COM(2020)0749 — C9-0002/2021 — 2020/0331(CNS))
Date: 2021-07-07
Institutions: Committee on Economic and Monetary Affairs, European Parliament
Subjects: European Commission, VAT, powers of the institutions (EU), tax collection, tax harmonisation, tax law, transfer of competence








C_2022099EN.01024501.xml










1.3.2022   


EN


Official Journal of the European Union


C 99/245






P9_TA(2021)0329
Common system of value added tax: conferral of implementing powers to the Commission to determine the meaning of the terms used in certain provisions *
European Parliament legislative resolution of 7 July 2021 on the proposal for a Council directive amending Directive 2006/112/EC as regards conferral of implementing powers to the Commission to determine the meaning of the terms used in certain provisions of that Directive (COM(2020)0749 — C9-0002/2021 — 2020/0331(CNS))
(Special legislative procedure — consultation)
(2022/C 99/36)

The European Parliament,






—


having regard to the Commission proposal to the Council (COM(2020)0749),










—


having regard to Article 113 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0002/2021),










—


having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,










—


having regard to Rule 82 of its Rules of Procedure,










—


having regard to the report of the Committee on Economic and Monetary Affairs (A9-0201/2021),












1.


Approves the Commission proposal;












2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;












3.


Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;












4.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Commission information notice pursuant to Article 17(5) of Regulation 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (Text with EEA relevance) 2021/C 269/04
Date: 2021-07-07
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Andalusia, Melilla, Spain, air transport, inland transport, invitation to tender, services of general interest, transport regulations








C_2021269EN.01000401.xml










7.7.2021   


EN


Official Journal of the European Union


C 269/4






Commission information notice pursuant to Article 17(5) of Regulation 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
(2021/C 269/04)






Member State


Spain




Route concerned


Melilla – Almeria/Granada/Sevilla




Period of validity of the contract


From 1 January 2022 to 31 December 2022




Deadline for submission of tenders


2 months following the date of publication of this notice




Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligations can be obtained







Ministerio de Transportes, Movilidad y Agenda




Urbana




Dirección General de Aviación Civil




Subdirección General de Transporte Aéreo




Paseo de la Castellana 67




28071 Madrid




ESPAÑA




Email: osp.dgac@mitma.es
European Parliament legislative resolution of 7 July 2021 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing, as part of the Integrated Border Management Fund, the Instrument for Financial Support for Border Management and Visa Policy (06487/2/2021 — C9-0226/2021 — 2018/0249(COD))
Date: 2021-07-07
Institutions: Committee on Budgets, Committee on Civil Liberties, Justice and Home Affairs, Committee on Foreign Affairs, European Parliament
Subjects: EU migration policy, EU visa policy, Schengen Agreement, external border of the EU, fund (EU)








C_2022099EN.01025101.xml










1.3.2022   


EN


Official Journal of the European Union


C 99/251






P9_TA(2021)0344
Integrated Border Management Fund: Instrument for Financial Support for Border Management and Visa Policy 2021-2027 ***II
European Parliament legislative resolution of 7 July 2021 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing, as part of the Integrated Border Management Fund, the Instrument for Financial Support for Border Management and Visa Policy (06487/2/2021 — C9-0226/2021 — 2018/0249(COD))
(Ordinary legislative procedure: second reading)
(2022/C 99/42)

The European Parliament,






—


having regard to the Council position at first reading (06487/2/2021 — C9-0226/2021),










—


having regard to the opinion of the European Economic and Social Committee of 17 October 2018 (1),










—


having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2018)0473),










—


having regard to Article 294(7) of the Treaty on the Functioning of the European Union,










—


having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure,










—


having regard to Rule 67 of its Rules of Procedure,










—


having regard to the recommendation for second reading of the Committee on Civil Liberties, Justice and Home Affairs (A9-0220/2021),












1.


Approves the Council position at first reading;












2.


Notes that the act is adopted in accordance with the Council position;












3.


Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;












4.


Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;












5.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  OJ C 62, 15.2.2019, p. 184.

(2)  OJ C 23, 21.1.2021, p. 406.
Decision (EU) 2021/1124 of the Representatives of the Governments of the Member States of 7 July 2021 appointing two Judges and two Advocates-General to the Court of Justice
Date: 2021-07-07
Institutions: Representatives of the Governments of the Member States
Subjects: Court of Justice (EU), appointment of members, member of the Court of Justice (EU)








L_2021243EN.01004501.xml










9.7.2021   


EN


Official Journal of the European Union


L 243/45








            DECISION (EU) 2021/1124 OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
         
of 7 July 2021
         
appointing two Judges and two Advocates-General to the Court of Justice


THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 19 thereof,


Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 253 and 255 thereof,

Whereas:







(1)


The terms of office of 14 Judges and six Advocates-General of the Court of Justice will expire on 6 October 2021.












(2)


Appointments to these posts should therefore be made for the term of office starting on 7 October 2021 and expiring on 6 October 2027.












(3)


It has been proposed that the term of office of Ms Küllike JÜRIMÄE as Judge of the Court of Justice be renewed.












(4)


It has been proposed that the term of office of Mr Manuel CAMPOS SÁNCHEZ-BORDONA as Advocate-General of the Court of Justice be renewed.












(5)


Ms Maria Lourdes ARASTEY SAHÚN has been nominated for a first term of office as Judge of the Court of Justice.












(6)


Ms Tamara ĆAPETA has been nominated for the post of Advocate-General of the Court of Justice.












(7)


The panel set up under Article 255 of the Treaty on the Functioning of the European Union has given a favourable opinion on the suitability of those candidates to perform the duties of Judge or Advocate-General of the Court of Justice,





HAVE ADOPTED THIS DECISION:



Article 1
The following are hereby appointed Judges of the Court of Justice for the period from 7 October 2021 to 6 October 2027:






—


Ms Küllike JÜRIMÄE,










—


Ms Maria Lourdes ARASTEY SAHÚN.






Article 2
The following are hereby appointed Advocates-General of the Court of Justice for the period from 7 October 2021 to 6 October 2027:






—


Mr Manuel CAMPOS SÁNCHEZ-BORDONA,










—


Ms Tamara ĆAPETA.






Article 3
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.




Done at Brussels, 7 July 2021.


The President

I.  JARC
Case T-385/21: Action brought on 7 July 2021 — BPCE and Others v SRB
Date: 2021-07-07
Institutions: General Court
Subjects: EU banking union, bank, company in difficulties, equal treatment, financing plan, fund (EU), principle of legal certainty, principle of proportionality, right to justice








C_2021338EN.01003201.xml










23.8.2021   


EN


Official Journal of the European Union


C 338/32






Action brought on 7 July 2021 — BPCE and Others v SRB
(Case T-385/21)
(2021/C 338/41)
Language of the case: French

Parties


Applicants: BPCE (Paris, France) and 44 other applicants (represented by: A. Gosset-Grainville, M. Trabucchi and M. Dalon, lawyers)

Defendant: Single Resolution Board

Form of order sought

The applicants claim that the Court should:






—


pursuant to Article 263 TFEU, annul Decision SRB/ES/2021/22 of 14 April 2021 on the calculation of the 2021 ex-ante contributions to the SRF in so far as it concerns the applicants;










—


pursuant to Article 277 TFEU, declare the following provisions of the SRM Regulation, the Implementing Regulation and the Delegated Regulation inapplicable:






—


Articles 69(1), 69(2), 70(1) and 70(2)(a) and (b) of the SRM Regulation;










—


Article 4(2) and Articles 6 and 7 of the Delegated Regulation, and Annex I thereto;










—


Article 4 of the Implementing Regulation;














—


order the defendant to pay all the costs.





Pleas in law and main arguments

In support of the action, the applicants rely on eight pleas in law which are, in essence, identical or similar to those put forward in Case T-383/21, Banque postale v SRB.
Case T-386/20: Judgment of the General Court of 7 July 2021 — Micron Technology v EUIPO (INTELLIGENCE, ACCELERATED) (EU trade mark — Application for EU word mark INTELLIGENCE, ACCELERATED — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001)
Date: 2021-07-07
Institutions: General Court
Subjects: EU trade mark, computer equipment, electronic component, registered trade mark, trade-mark law








C_2021338EN.01002002.xml










23.8.2021   


EN


Official Journal of the European Union


C 338/20






Judgment of the General Court of 7 July 2021 — Micron Technology v EUIPO (INTELLIGENCE, ACCELERATED)
(Case T-386/20) (1)

(EU trade mark - Application for EU word mark INTELLIGENCE, ACCELERATED - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001)
(2021/C 338/26)
Language of the case: English

Parties


Applicant: Micron Technology, Inc. (Boise, Idaho, United States) (represented by: M. Edenborough QC)

Defendant: European Union Intellectual Property Office (represented by: L. Rampini and V. Ruzek, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 6 April 2020 (Case R 2873/2019-1), relating to an application for registration of the word sign INTELLIGENCE, ACCELERATED as an EU trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Micron Technology, Inc., to pay the costs.






(1)  OJ C 271, 17.8.2020.