do-me/EUR-LEX huggingface dataset:
Case T-28/20: Judgment of the General Court of 7 July 2021 — ID v EEAS (Civil service — Members of the contract staff — Decision to dismiss before the end of the probationary period — Obvious inadequacy — Inappropriate conduct — Article 84 of the CEOS)
Date: 2021-07-07
Institutions: General Court
Subjects: damages, dismissal, indemnification, probationary period, servant (EU), staff regulations (EU), work productivity








C_2021338EN.01001902.xml










23.8.2021   


EN


Official Journal of the European Union


C 338/19






Judgment of the General Court of 7 July 2021 — ID v EEAS
(Case T-28/20) (1)

(Civil service - Members of the contract staff - Decision to dismiss before the end of the probationary period - Obvious inadequacy - Inappropriate conduct - Article 84 of the CEOS)
(2021/C 338/24)
Language of the case: English

Parties


Applicant: ID (represented by: C. Bernard-Glanz, lawyer)

Defendant: European External Action Service (represented by: S. Marquardt and R. Spáč, acting as Agents)

Re:

Application under Article 270 TFEU seeking, first, annulment of the decision of the EEAS of 6 March 2019 terminating the applicant’s contract before the end of the probationary period and, secondly, compensation for the material and non-material damage allegedly suffered by the applicant as a result of that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders ID to pay the costs.






(1)  OJ C 95, 23.3.2020.
Case T-397/21: Action brought on 7 July 2021 — BNP Paribas 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.01003502.xml










23.8.2021   


EN


Official Journal of the European Union


C 338/35






Action brought on 7 July 2021 — BNP Paribas v SRB
(Case T-397/21)
(2021/C 338/45)
Language of the case: French

Parties


Applicant: BNP Paribas (Paris, France) (represented by: A. Gosset-Grainville, M. Trabucchi and M. Dalon, lawyers)

Defendant: Single Resolution Board

Form of order sought

The applicant claims 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 applicant;










—


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 applicant relies 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.
Communication of the European Parliament concerning the European Citizen’s Prize CIVI EUROPAEO PRAEMIUM 2022/C 130/02
Date: 2021-07-07
Institutions: European Parliament
Subjects: European citizenship, candidate, cultural prize








C_2022130EN.01000201.xml










23.3.2022   


EN


Official Journal of the European Union


C 130/2






Communication of the European Parliament concerning the European Citizen’s Prize

CIVI EUROPAEO PRAEMIUM

(2022/C 130/02)
The Chancellery of the European Citizen’s Prize held its annual meeting on 7 July 2021 with Mrs Dita Charanzová, Vice-President of the European Parliament and Chancellor of the European Citizen’s Prize, in the chair.
At that meeting the following list of prize winners for 2021 was drawn up.
The prizes will be awarded at public award ceremonies in the Member States where laureates are based, organised by the Liaison Offices of the European Parliament. The laureates will also attend a central award ceremony at the European Parliament in Brussels in November 2021.


CIVI EUROPAEO PRAEMIUM




Laureates/Winners



Austria: eljub European Youth Encounters

Belgium: Paars

Bulgaria: TheMayor.EU - The European Portal for Cities and Citizens

Croatia: With One Dream United

Cyprus: Documentary films: ‘Our Wall’ and ‘My Homeland

Czech Republic: Masaryk University Volunteer Centre MUNI HELPS

Denmark: European Debate Initiative

Estonia: Youth English Club

Finland: Crises Helpline

France: Franco-German citizens’ dialogue on strengthening cross-border cooperation

Germany: International Youth Theatre Festival ‘Mad Mix

Greece: ELEPAP - Hellenic Society for the Protection & Rehabilitation of Persons with Disabilities

Hungary: Emergency Exit operation – international educational cooperation

Ireland: Too Into You Campaign

Italy: FROLLA micro biscuit factory

Latvia: Activity to support residents of Belarus – #FreeBelarus

Latvia: Liene Dambiņa

Lithuania: Mano Guru

Luxembourg: RespectEachOther

Malta: Monument of Mercy

Netherlands: Phoenix Project

Poland: Defending the dignity and independence of judges fighting for judicial independence in Poland

Portugal: From the people, to the people

Romania: Geofolk

Slovenia: For solidarity and pan-European health progress for cancer patients

Slovakia: Zmudri Civics stream

Spain: Villa de Moya volunteers for welcoming and integrating irregular migrants

Sweden: The Navet (‘Hub’) Association in Bergsjön and its Collaborative Creation Project
Prior notification of a concentration (Case M.10268 — SYNNEX/Tech Data) Candidate case for simplified procedure (Text with EEA relevance) 2021/C 269/06
Date: 2021-07-07
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, information technology industry, logistics, merger control, technology, wholesale trade








C_2021269EN.01000701.xml










7.7.2021   


EN


Official Journal of the European Union


C 269/7






Prior notification of a concentration
(Case M.10268 — SYNNEX/Tech Data)
Candidate case for simplified procedure
(Text with EEA relevance)
(2021/C 269/06)

1.   
On 30 June 2021, 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:






—


SYNNEX Corporation (‘SYNNEX’, USA),










—


Tech Data Corporation (‘Tech Data’, USA).




SYNNEX acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Tech Data. The concentration is accomplished by way of exchange of shares.


2.   
The business activities of the undertakings concerned are:






—


for SYNNEX: provision of technology products and solutions for IT systems to resellers and retail customers outside the European Union as well as comprehensive logistics, distribution, systems design, and integration services for the technology industry. In the EEA (2), SYNNEX is only active in the development and sale of custom-made servers and storage solutions for datacentre users,










—


for Tech Data: wholesale distribution of technology products and solutions to resellers on a global basis.






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 (3) 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.10268 – SYNNEX/Tech Data
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)  European Economic Area.

(3)  OJ C 366, 14.12.2013, p. 5.
Case T-388/21: Action brought on 7 July 2021 — Crédit agricole 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.01003501.xml










23.8.2021   


EN


Official Journal of the European Union


C 338/35






Action brought on 7 July 2021 — Crédit agricole and Others v SRB
(Case T-388/21)
(2021/C 338/44)
Language of the case: French

Parties


Applicants: Crédit agricole (Montrouge, France) and 48 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 C-414/21: Request for a preliminary ruling from the Hof van Cassatie (Belgium) lodged on 7 July 2021 — VP Capital NV v Belgische Staat; other parties: PricewaterhouseCoopers Belastingadviseurs NV, Ernst & Young Tax Consultants BV, Ernst & Young Bedrijfsrevisoren BV
Date: 2021-07-07
Institutions: Court of Justice
Subjects: Belgium, Luxembourg, loss, nationality of legal persons, right of establishment, share, tax relief, taxable income, transfer of businesses








C_2021368EN.01001102.xml










13.9.2021   


EN


Official Journal of the European Union


C 368/11






Request for a preliminary ruling from the Hof van Cassatie (Belgium) lodged on 7 July 2021 — VP Capital NV v Belgische Staat; other parties: PricewaterhouseCoopers Belastingadviseurs NV, Ernst & Young Tax Consultants BV, Ernst & Young Bedrijfsrevisoren BV
(Case C-414/21)
(2021/C 368/10)
Language of the case: Dutch

Referring court

Hof van Cassatie

Parties to the main proceedings


Appellant: VP Capital NV

Respondent: Belgische Staat

Other parties: PricewaterhouseCoopers Belastingadviseurs NV, Ernst & Young Tax Consultants BV, Ernst & Young Bedrijfsrevisoren BV

Question referred

Does freedom of establishment, as guaranteed by Article 49 TFEU, preclude national legislation, such as that at issue here, where it results in a Luxembourg company which records write-downs on shares in Luxembourg and which, although deducting those write-downs in principle from its taxable income, cannot actually deduct them from its taxable income because of the existence of a tax loss position, being taxed on the write-back of those write-downs in Belgium following the transfer of its registered office to Belgium, unless the increases in value masked by that write-back are allocated to a liability account not available for distribution, whereas a Belgian company which has recorded write-downs on shares in Belgium is not taxed on the write-back of those write-downs, provided that the write-downs had not been previously deducted from its Belgian taxable income, without needing to allocate the increases in value masked by that write-back to a liability account not available for distribution?
Non-opposition to a notified concentration (Case M.10252 — Transgourmet Group/General Markets Food Iberica) (Text with EEA relevance) 2021/C 282/01
Date: 2021-07-07
Institutions: Directorate-General for Competition, European Commission
Subjects: consumer goods, distributor, economic concentration, food production, foodstuff, merger control, processed food product, retail trade, wholesale trade








C_2021282EN.01000101.xml










14.7.2021   


EN


Official Journal of the European Union


C 282/1






Non-opposition to a notified concentration
(Case M.10252 — Transgourmet Group/General Markets Food Iberica)
(Text with EEA relevance)
(2021/C 282/01)
On 7 July 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 32021M10252. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-692/15 RENV: Judgment of the General Court of 7 July 2021 — HTTS 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 — Sufficiently serious breach of a rule of law conferring rights on individuals)
Date: 2021-07-07
Institutions: General Court
Subjects: EU restrictive measure, Iran, damages, economic sanctions, international sanctions, legal person








C_2021338EN.01001601.xml










23.8.2021   


EN


Official Journal of the European Union


C 338/16






Judgment of the General Court of 7 July 2021 — HTTS v Council
(Case T-692/15 RENV) (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 - Sufficiently serious breach of a rule of law conferring rights on individuals)
(2021/C 338/19)
Language of the case: German

Parties


Applicant: HTTS Hanseatic Trade Trust & Shipping GmbH (Hamburg, Germany) (represented by: M. Schlingmann, lawyer)

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

Intervener in support of the defendant: European Commission (represented by: R. Tricot, 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 its name, first, by Council Implementing Regulation (EU) No 668/2010 of 26 July 2010 implementing Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran (OJ 2010 L 195, p. 25) in Annex V to Council Regulation (EC) No 423/2007 of 19 April 2007 concerning restrictive measures against Iran (OJ 2007 L 103, p. 1) and, secondly, by Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation No 423/2007 (OJ 2010 L 281, p. 1) in Annex VIII to Regulation No 961/2010.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders HTTS Hanseatic Trade Trust & Shipping GmbH to bear its own costs and to pay those of the Council of the European Union relating to the present proceedings and the proceedings in Case T-692/15;










3.


Orders each party to bear its own costs relating to the proceedings in Case C-123/18 P.










4.


Orders the European Commission to bear its own costs relating to the present proceedings, the proceedings in Case T-692/15 and the proceedings in Case C-123/18 P.






(1)  OJ C 59, 15.2.2016.
Case T-492/20: Judgment of the General Court of 7 July 2021 — S. Tous v EUIPO — Zhejiang China-Best Import & Export (Lamp) (Community design — Invalidity proceedings — Registered Community design representing a lamp — Earlier EU figurative marks representing a teddy bear — Grounds for invalidity — Article 25(1)(b) and (e) of Regulation (EC) No 6/2002)
Date: 2021-07-07
Institutions: General Court
Subjects: designs and models, lighting equipment








C_2021338EN.01002101.xml










23.8.2021   


EN


Official Journal of the European Union


C 338/21






Judgment of the General Court of 7 July 2021 — S. Tous v EUIPO — Zhejiang China-Best Import & Export (Lamp)
(Case T-492/20) (1)

(Community design - Invalidity proceedings - Registered Community design representing a lamp - Earlier EU figurative marks representing a teddy bear - Grounds for invalidity - Article 25(1)(b) and (e) of Regulation (EC) No 6/2002)
(2021/C 338/27)
Language of the case: Spanish

Parties


Applicant: S. Tous, SL (Manresa, Spain) (represented by: D. Gómez Sánchez and J. Gracia Albero, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: A. Söder, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Zhejiang China-Best Import & Export Co. Ltd (Hangzhou, China)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 26 May 2020 (Case R 1553/2019-3), relating to invalidity proceedings between S. Tous and Zhejiang China-Best Import & Export.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders S. Tous, SL to pay the costs.






(1)  OJ C 313, 21.9.2020.
Withdrawal of notification of a concentration (Case M.10285 — UIR/Hines/Assets) (Text with EEA relevance) 2021/C 269/01
Date: 2021-07-07
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, investment, investment company, merger control, property market, real estate business








C_2021269EN.01000101.xml










7.7.2021   


EN


Official Journal of the European Union


C 269/1






Withdrawal of notification of a concentration
(Case M.10285 — UIR/Hines/Assets)
(Text with EEA relevance)
(2021/C 269/01)
On 24 June 2021, the European Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) (‘Merger Regulation’).
This notification concerned the following undertakings:






—


Union Investment Real Estate GmbH (‘UIR’, Germany), a subsidiary of DZ Bank AG,










—


Hines Media Works Associate LLC (‘Hines’, USA), ultimately controlled by Mr Jeffrey C. Hines,










—


The target real estate assets (the ‘Assets’, Germany).




The business activities of the undertakings concerned are:






—


for UIR: an investment management company for openended real estate funds for private and institutional investors comprising retail properties, logistics properties, office properties, hotel properties, as well as ancillary investment in residential properties. It has a presence in all major German cities (Frankfurt, Düsseldorf, Hamburg, München) as well as in Austria, Poland, the Netherlands, Ireland, Turkey, Singapore and the USA,










—


for Hines: U.S. real estate investment, development and management firm that invests in all property types and is active worldwide, including in North and South America, Europe and APAC,










—


the Assets: real estate properties located in the Eastern part of Munich, Germany. The properties include office buildings as well as an above ground parking garage.




On 28 June 2021, the notifying parties informed the Commission that they withdrew their notification.


(1)  OJ L 24, 29.1.2004, p. 1.
Case T-387/21: Action brought on 7 July 2021 — Société générale 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.01003401.xml










23.8.2021   


EN


Official Journal of the European Union


C 338/34






Action brought on 7 July 2021 — Société générale and Others v SRB
(Case T-387/21)
(2021/C 338/43)
Language of the case: French

Parties


Applicants: Société générale (Paris, France), Crédit du Nord (Lille, France) and SG Option Europe (Puteaux, France) (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-668/19: Judgment of the General Court of 7 July 2021 — Ardagh Metal Beverage Holdings v EUIPO (Combination of sounds on opening a can of soft drink) (EU trade mark — Application for an EU trade mark consisting of a combination of sounds on opening a can of soft drink — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Article 95(1) of Regulation 2017/1001)
Date: 2021-07-07
Institutions: General Court
Subjects: EU trade mark, alcoholic beverage, instant product, non-alcoholic beverage, packaging product, registered trade mark, trade-mark law








C_2021329EN.01002002.xml










16.8.2021   


EN


Official Journal of the European Union


C 329/20






Judgment of the General Court of 7 July 2021 — Ardagh Metal Beverage Holdings v EUIPO (Combination of sounds on opening a can of soft drink)
(Case T-668/19) (1)

(EU trade mark - Application for an EU trade mark consisting of a combination of sounds on opening a can of soft drink - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Article 95(1) of Regulation 2017/1001)
(2021/C 329/25)
Language of the case: German

Parties


Applicant: Ardagh Metal Beverage Holdings GmbH & Co. KG (Bonn, Germany) (represented by: S. Abrar, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Fischer, D. Hanf and D. Walicka, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 24 July 2019 (Case R 530/2019-2), concerning an application for registration of a combination of sounds on opening a can of soft drink as an EU trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs incurred before the General Court;










3.


Orders Ardagh Metal Beverage Holdings GmbH & Co. KG to bear its own costs incurred before the General Court and the expenses necessarily incurred for the purpose of the proceedings before the Board of Appeal of EUIPO.






(1)  OJ C 399, 25.11.2019.