do-me/EUR-LEX huggingface dataset:
Case T-103/20: Judgment of the General Court of 15 September 2021 –Mutondo 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 — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — 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: 2021-09-15
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, arms control, arms trade, economic sanctions, international sanctions, natural person, principle of proportionality, protection of privacy, rights of the defence








C_2021452EN.01002801.xml










8.11.2021   


EN


Official Journal of the European Union


C 452/28






Judgment of the General Court of 15 September 2021 –Mutondo v Council
(Case T-103/20) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Restriction on admission to the territory of the Member States - Retention of the applicant’s name on the lists of persons subject to restrictive measures - 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 452/30)
Language of the case: French

Parties


Applicant: Kalev Mutondo (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: H. Marcos Fraile and M.-C. Cadilhac, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2019/2109 of 9 December 2019 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2019 L 318, p. 134), and, second, Council Implementing Decision (EU) 2019/2101 of 9 December 2019 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 2019 L 318, 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 Kalev Mutondo to pay the costs.






(1)  OJ C 129, 20.4.2020.
Case T-106/20: Judgment of the General Court of 15 September 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 — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — 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: 2021-09-15
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, arms control, arms trade, economic sanctions, international sanctions, natural person, principle of proportionality, protection of privacy, rights of the defence








C_2021452EN.01003001.xml










8.11.2021   


EN


Official Journal of the European Union


C 452/30






Judgment of the General Court of 15 September 2021 –Amisi Kumba v Council
(Case T-106/20) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Restriction on admission to the territory of the Member States - Retention of the applicant’s name on the lists of persons subject to restrictive measures - 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 452/33)
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: H. Marcos Fraile and M.-C. Cadilhac, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2019/2109 of 9 December 2019 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2019 L 318, p. 134), and, second, Council Implementing Decision (EU) 2019/2101 of 9 December 2019 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 2019 L 318, 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 129, 20.4.2020.
Case T-95/20: Judgment of the General Court of 15 September 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 — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — 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: 2021-09-15
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, arms control, arms trade, economic sanctions, international sanctions, natural person, principle of proportionality, protection of privacy, rights of the defence








C_2021452EN.01002501.xml










8.11.2021   


EN


Official Journal of the European Union


C 452/25






Judgment of the General Court of 15 September 2021 — Kazembe Musonda v Council
(Case T-95/20) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Restriction on admission to the territory of the Member States - Retention of the applicant’s name on the lists of persons subject to restrictive measures - 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 452/26)
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 and S. Lejeune, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2019/2109 of 9 December 2019 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2019 L 318, p. 134), and, second, Council Implementing Decision (EU) 2019/2101 of 9 December 2019 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 2019 L 318, 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 129, 20.4.2020.
Case T-24/19: Judgment of the General Court of 15 September 2021 — INC and Consorzio Stabile Sis v Commission (State aid — Italian motorways — Prolongation of concessions for the execution of works — Services of general economic interest — Cap on toll charges — Decision not to raise any objections — Article 106(2) TFEU — Actions brought by competitors of the beneficiary — Abandonment by the Member State of the plan to grant aid — Plan not capable of being implemented as approved — Annulment not procuring any advantage to the applicants — No longer any legal interest in bringing proceedings — No need to adjudicate)
Date: 2021-09-15
Institutions: General Court
Subjects: Italy, State aid, control of State aid, investment aid, motorway, service concession, services of general interest, toll








C_2021452EN.01001901.xml










8.11.2021   


EN


Official Journal of the European Union


C 452/19






Judgment of the General Court of 15 September 2021 — INC and Consorzio Stabile Sis v Commission
(Case T-24/19) (1)

(State aid - Italian motorways - Prolongation of concessions for the execution of works - Services of general economic interest - Cap on toll charges - Decision not to raise any objections - Article 106(2) TFEU - Actions brought by competitors of the beneficiary - Abandonment by the Member State of the plan to grant aid - Plan not capable of being implemented as approved - Annulment not procuring any advantage to the applicants - No longer any legal interest in bringing proceedings - No need to adjudicate)
(2021/C 452/18)
Language of the case: English

Parties


Applicants: INC SpA (Turin, Italy), Consorzio Stabile Sis SCpA (Turin) (represented by: H.-G. Kamann, F. Louis and G. Tzifa, lawyers)

Defendant: European Commission (represented by: L. Haasbeek, D. Recchia and S. Noë, acting as Agents)

Re:

Application under Article 263 TFEU for the annulment of Commission Decision C(2018) 2435 final of 27 April 2018 on State aid granted for the purposes of the Italian motorways investment plan (Cases SA.49335 (2017/N) and SA.49336 (2017/N)).

Operative part of the judgment

The Court:






1.


Declares that there is no longer any need to adjudicate on the action brought by INC SpA and by Consorzio Stabile Sis SCpA;










2.


Orders the European Commission to bear its own costs and to pay half of the costs incurred by INC and by Consorzio Stabile Sis;










3.


Orders INC and Consorzio Stabile Sis to bear half of their own costs.






(1)  OJ C 93, 11.3.2019.
Case T-359/19: Judgment of the General Court of 15 September 2021 — Daimler v Commission (Environment — Regulation (EC) No 443/2009 — Implementing Regulation (EU) No 725/2011 — Implementing Decision (EU) 2015/158 — Implementing Decision (EU) 2019/583 — Carbon dioxide emissions — Test method — Passenger cars)
Date: 2021-09-15
Institutions: General Court
Subjects: environmental standard, greenhouse gas, innovation, motor vehicle pollution, reduction of gas emissions








C_2021452EN.01002101.xml










8.11.2021   


EN


Official Journal of the European Union


C 452/21






Judgment of the General Court of 15 September 2021 — Daimler v Commission
(Case T-359/19) (1)

(Environment - Regulation (EC) No 443/2009 - Implementing Regulation (EU) No 725/2011 - Implementing Decision (EU) 2015/158 - Implementing Decision (EU) 2019/583 - Carbon dioxide emissions - Test method - Passenger cars)
(2021/C 452/20)
Language of the case: German

Parties


Applicant: Daimler AG (Stuttgart, Germany) (represented by: N. Wimmer, C. Arhold and G. Ollinger, lawyers)

Defendant: European Commission (represented by: K. Talabér-Ritz and A. Becker, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of Commission Implementing Decision (EU) 2019/583 of 3 April 2019 confirming or amending the provisional calculation of the average specific emissions of CO2 and the specific emissions targets for manufacturers of passenger cars for the calendar year 2017 and for certain manufacturers belonging to the Volkswagen pool for the calendar years 2014, 2015 and 2016 pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (OJ 2019 L 100, p. 66), in so far as it excludes, as regards the applicant, the average specific emissions of CO2 through CO2 savings attributed to eco-innovations.

Operative part of the judgment

The Court:






1.


Annuls Article 1(1), read in conjunction with Annex I, Tables 1 and 2, columns D and I, of Commission Implementing Decision (EU) 2019/583 of 3 April 2019 confirming or amending the provisional calculation of the average specific emissions of CO2 and the specific emissions targets for manufacturers of passenger cars for the calendar year 2017 and for certain manufacturers belonging to the Volkswagen pool for the calendar years 2014, 2015 and 2016 pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council, in so far as it specifies, in relation to Daimler AG, the average specific emissions of CO2 through CO2 savings achieved through eco-innovations;










2.


Orders the European Commission to bear its own costs and to pay those incurred by Daimler.






(1)  OJ C 263, 5.8.2019.
Case T-127/20: Judgment of the General Court of 15 September 2021 — France v ECHA (REACH — Substance evaluation — Aluminium chloride — Aluminium chloride, basic — Aluminium sulphate — ECHA decisions requesting further information — Article 46(1) of Regulation (EC) No 1907/2006 — Appeal brought before the Board of Appeal — Multiple grounds for the decision of the Board of Appeal — Grounds capable of justifying the decision — Inoperative nature of the pleas directed against the other grounds)
Date: 2021-09-15
Institutions: General Court
Subjects: aluminium, chemical product, chemical salt, environmental protection, health risk, scientific report








C_2021452EN.01003202.xml










8.11.2021   


EN


Official Journal of the European Union


C 452/32






Judgment of the General Court of 15 September 2021 — France v ECHA
(Case T-127/20) (1)

(REACH - Substance evaluation - Aluminium chloride - Aluminium chloride, basic - Aluminium sulphate - ECHA decisions requesting further information - Article 46(1) of Regulation (EC) No 1907/2006 - Appeal brought before the Board of Appeal - Multiple grounds for the decision of the Board of Appeal - Grounds capable of justifying the decision - Inoperative nature of the pleas directed against the other grounds)
(2021/C 452/37)
Language of the case: French

Parties


Applicant: French Republic (represented by: T. Stehelin, W. Zemamta and A.-L. Desjonquères, acting as Agents)

Defendant: European Chemicals Agency (represented by: M. Heikkilä, M. Goodacre and W. Broere, acting as Agents)

Intervener in support of the applicant: Federal Republic of Germany (represented by: D. Klebs, S. Heimerl and S. Costanzo, acting as Agents)

Intervener in support of the defendant: Kemira Oyj (Helsinki, Finland), Grace Silica GmbH (Düren, Germany) (represented by: J.-P. Montfort and T. Delille, lawyers)

Re:

Application under Article 263 TFEU seeking the annulment of the decision of the Board of Appeal of ECHA of 17 December 2019 annulling three decisions of ECHA of 21 December 2017 requesting the registrants concerned to carry out new tests in the context of the evaluation of aluminium chloride, aluminium chloride, basic and aluminium sulphate (joined cases A-003-2018, A-004-2018 and A-005-2018).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the French Republic to bear its own costs and to pay those incurred by the European Chemicals Agency (ECHA), Kemira Oyj and Grace Silica GmbH;










3.


Orders the Federal Republic of Germany to bear its own costs.






(1)  OJ C 191, 8.6.2020.
Case T-110/20: Judgment of the General Court of 15 September 2021 — Kanyama 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 — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — 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: 2021-09-15
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, arms control, arms trade, economic sanctions, international sanctions, natural person, principle of proportionality, protection of privacy, rights of the defence








C_2021452EN.01003201.xml










8.11.2021   


EN


Official Journal of the European Union


C 452/32






Judgment of the General Court of 15 September 2021 — Kanyama v Council
(Case T-110/20) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Restriction on admission to the territory of the Member States - Retention of the applicant’s name on the lists of persons subject to restrictive measures - 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 452/36)
Language of the case: French

Parties


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

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

Re:

Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2019/2109 of 9 December 2019 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2019 L 318, p. 134), and, second, Council Implementing Decision (EU) 2019/2101 of 9 December 2019 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 2019 L 318, 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 Célestin Kanyama to pay the costs.






(1)  OJ C 129, 20.4.2020.
Case T-240/20 to T-245/20: Judgment of the General Court of 15 September 2021 — Arnaoutakis and Others v Parliament (Law governing the institutions — Rules governing the payment of expenses and allowances to Members of the European Parliament — Amendment of the voluntary additional pension scheme — Refusal to grant a voluntary additional pension — Plea of illegality — Competence of the Bureau of the Parliament — Rights acquired and future entitlements — Proportionality — Equal treatment — Legal certainty)
Date: 2021-09-15
Institutions: General Court
Subjects: Bureau of the EP, Member of the European Parliament, equal treatment, parliamentary allowance, powers of the institutions (EU), principle of legal certainty, principle of proportionality, supplementary pension








C_2021452EN.01003401.xml










8.11.2021   


EN


Official Journal of the European Union


C 452/34






Judgment of the General Court of 15 September 2021 — Arnaoutakis and Others v Parliament
(Case T-240/20 to T-245/20) (1)

(Law governing the institutions - Rules governing the payment of expenses and allowances to Members of the European Parliament - Amendment of the voluntary additional pension scheme - Refusal to grant a voluntary additional pension - Plea of illegality - Competence of the Bureau of the Parliament - Rights acquired and future entitlements - Proportionality - Equal treatment - Legal certainty)
(2021/C 452/39)
Language of the case: French

Parties


Applicants: Stavros Arnaoutakis (Heraklion, Greece) and the five other applicants whose names appear in the annex to the judgment (represented by: A. Schmitt and A. Grosjean, lawyers)

Defendants: European Parliament (represented by: N. Görlitz, M. Ecker and S. Seyr, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of the Parliament’s decision rejecting the application made by the applicants to be granted a voluntary additional pension in accordance with the Decision of the Bureau of the European Parliament of 10 December 2018 amending the Implementing Measures for the Statute for Members of the European Parliament (OJ 2018 C 466, p. 8) on the ground that they have not reached the required age of 65.

Operative part of the judgment

The Court:






1.


Joins Cases T-240/20 to T-245/20 for the purpose of the judgment;










2.


Dismisses the actions;










3.


Orders Mr Stavros Arnaoutakis and the other applicants whose names appear in the annex to pay the costs.






(1)  OJ C 215, 29.6.2020.
Case T-688/20: Judgment of the General Court of 15 September 2021 — Freshly Cosmetics v EUIPO — Misiego Blázquez (IDENTY BEAUTY) (EU trade mark — Opposition proceedings — Application for EU figurative mark IDENTY BEAUTY — Earlier national figurative mark IDENTITY THE IMAGE CLUB — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
Date: 2021-09-15
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2021452EN.01003702.xml










8.11.2021   


EN


Official Journal of the European Union


C 452/37






Judgment of the General Court of 15 September 2021 — Freshly Cosmetics v EUIPO — Misiego Blázquez (IDENTY BEAUTY)
(Case T-688/20) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark IDENTY BEAUTY - Earlier national figurative mark IDENTITY THE IMAGE CLUB - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2021/C 452/45)
Language of the case: Spanish

Parties


Applicant: Freshly Cosmetics, SL (Reus, Spain) (represented by: P. Roiger Bellostes, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: A. Crawcour and D. Hanf, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Francisco Misiego Blázquez (Madrid, Spain) (represented by: M. Salas Martín, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 11 September 2020 (Case R 205/2020-4), relating to opposition proceedings between Mr Misiego Blázquez and Freshly Cosmetics.

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Freshly Cosmetics, SL to pay the costs.






(1)  OJ C 19, 18.1.2021.