do-me/EUR-LEX huggingface dataset:
Election of the First Advocate General
Date: 2021-12-20
Institutions: Court of Justice
Subjects: appointment of members, member of the Court of Justice (EU)








C_2021513EN.01000301.xml










20.12.2021   


EN


Official Journal of the European Union


C 513/3






Election of the First Advocate General
(2021/C 513/06)
At a meeting on 8 October 2021, the Advocates General elected, pursuant to Article 14(1) of the Rules of Procedure, Mr Szpunar as First Advocate General for the period from 8 October 2021 to 6 October 2024.
Designation of the Chamber responsible for cases of the kind referred to in Article 107 of the Rules of Procedure of the Court
Date: 2021-12-20
Institutions: Court of Justice
Subjects: Court of Justice (EU), operation of the Institutions, preliminary ruling procedure, rules of procedure








C_2021513EN.01000303.xml










20.12.2021   


EN


Official Journal of the European Union


C 513/3






Designation of the Chamber responsible for cases of the kind referred to in Article 107 of the Rules of Procedure of the Court
(2021/C 513/08)
At its General Meeting on 11 October 2021, the Court designated the First and Second Chambers as the Chambers that are, in accordance with Article 11(2) of the Rules of Procedure, responsible for cases of the kind referred to in Article 107 of those Rules, for the period from 11 October 2021 to 6 October 2022.
Case T-321/17: Order of the General Court of 20 December 2021 — Niemelä and Others v ECB (Action for annulment — Economic and monetary policy — Prudential supervision of credit institutions — Specific supervisory tasks assigned to the ECB — Decision to withdraw a credit institution’s authorisation — Replacement of the contested measure in the course of the proceedings — Action which has become devoid of purpose — Loss of interest in bringing proceedings — No need to adjudicate — Action for damages — Manifest inadmissibility)
Date: 2021-12-20
Institutions: General Court
Subjects: EU banking union, banking supervision, credit institution, damages, financial supervision, right of action, trade licence








C_2022109EN.01002101.xml










7.3.2022   


EN


Official Journal of the European Union


C 109/21






Order of the General Court of 20 December 2021 — Niemelä and Others v ECB
(Case T-321/17) (1)

(Action for annulment - Economic and monetary policy - Prudential supervision of credit institutions - Specific supervisory tasks assigned to the ECB - Decision to withdraw a credit institution’s authorisation - Replacement of the contested measure in the course of the proceedings - Action which has become devoid of purpose - Loss of interest in bringing proceedings - No need to adjudicate - Action for damages - Manifest inadmissibility)
(2022/C 109/28)
Language of the case: English

Parties


Applicants: Heikki Niemelä (Ohain, Belgium), Mika Lehto (Espoo, Finland), Nemea plc (St Julians, Malta), Nevestor SA (Ohain), Nemea Bank plc (St Julians) (represented by: A. Meriläinen, lawyer)

Defendant: European Central Bank (represented by: C. Hernández Saseta and A. Witte, acting as Agents, and by B. Schneider, lawyer)

Intervener in support of the defendant: European Commission (represented by: A. Steiblytė and A. Nijenhuis, acting as Agents)

Re:

Application, first, under Article 263 TFEU, for annulment of the decision of the European Central Bank of 23 March 2017, ECB/SSM/2017 — 213800JENPXTUY75VSO/1 WHD-2017-0003, withdrawing Nemea Bank plc’s authorisation to operate as a credit institution and, second, under Article 268 TFEU, seeking compensation for the damage allegedly suffered by the applicants.

Operative part of the order







1.


There is no longer any need to adjudicate on the application for annulment.










2.


The claim for compensation is dismissed as inadmissible.










3.


Heikki Niemelä, Mika Lehto, Nemea plc, Nevestor SA and Nemea Bank plc and the European Central Bank (ECB) are ordered each to bear their own costs in relation to the application for annulment.










4.


Heikki Niemelä, Mika Lehto, Nemea, Nevestor and Nemea Bank are ordered to bear their own costs and pay those incurred by the ECB in relation to the claim for compensation.










5.


The European Commission is ordered to bear its own costs.






(1)  OJ C 283, 28.8.2017.
Non-opposition to a notified concentration (Case M.10556 – BELLIS / KKR / JAJA) (Text with EEA relevance) 2022/C 5/02
Date: 2021-12-20
Institutions: Directorate-General for Competition, European Commission
Subjects: United Kingdom, chain store, economic concentration, financial services, fuel, insurance, investment company, merger control, provision of services, sports facilities








C_2022005EN.01000201.xml










5.1.2022   


EN


Official Journal of the European Union


C 5/2






Non-opposition to a notified concentration
(Case M.10556 – BELLIS / KKR / JAJA)
(Text with EEA relevance)
(2022/C 5/02)
On 20 December 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 policy’ 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 32021M10556. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.
Election of the Presidents of the Chambers of five Judges
Date: 2021-12-20
Institutions: Court of Justice
Subjects: appointment of members, member of the Court of Justice (EU)








C_2021513EN.01000204.xml










20.12.2021   


EN


Official Journal of the European Union


C 513/2






Election of the Presidents of the Chambers of five Judges
(2021/C 513/05)
At a meeting on 8 October 2021, the Judges of the Court of Justice elected, pursuant to Article 12(1) of the Rules of Procedure, Mr Arabadjiev as President of the First Chamber, Ms Prechal as President of the Second Chamber, Ms Jürimäe as President of the Third Chamber, Mr Lycourgos as President of the Fourth Chamber and Mr Regan as President of the Fifth Chamber for the period from 8 October 2021 to 6 October 2024.
Case C-812/21: Request for a preliminary ruling from the Audiencia Provincial de Barcelona (Spain) lodged on 20 December 2021 — Banco Santander, S.A. v OG
Date: 2021-12-20
Institutions: Court of Justice
Subjects: consumer credit, consumer information, cost of borrowing, indemnification, limitation of legal proceedings, unfair terms of contract








C_2022213EN.01001902.xml










30.5.2022   


EN


Official Journal of the European Union


C 213/19






Request for a preliminary ruling from the Audiencia Provincial de Barcelona (Spain) lodged on 20 December 2021 — Banco Santander, S.A. v OG
(Case C-812/21)
(2022/C 213/26)
Language of the case: Spanish

Referring court

Audiencia Provincial de Barcelona

Parties to the main proceedings


Appellant: Banco Santander, S.A.

Respondent: OG

Questions referred







1.


In relation to the pursuit of an action to enforce the restitutory effects of a declaration of nullity of a term under which the borrower is required to pay the costs of formalising the contract, is it compatible with Article 6(1) and Article 7(1) of Directive 93/13 (1) to make the bringing of the action subject to a 10-year limitation period which starts to run from when the term exhausts its effects upon settlement of the final payment, the point at which the consumer becomes aware of the facts which establish the unfairness, or is it necessary for the consumer to be in possession of additional information concerning the legal assessment of the facts?
Given that the action for restitution is subject to a long limitation period of 10 years, at what point must the consumer be in a position to be aware of the unfairness of the term and of the rights granted to him or her under Directive 93/13 — before the limitation period starts to run or before that period expires?










2.


If knowledge of the legal assessment of the facts is necessary, must the start of the limitation period be made subject to the existence of settled case-law concerning the nullity of the term or may the national court take other, different circumstances into consideration?






(1)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).
Council Decision of 20 December 2021 appointing the President of the Community Plant Variety Office 2022/C 27/05
Date: 2021-12-20
Institutions: Council of the European Union
Subjects: Community Plant Variety Office, administrator, appointment of members, president of an institution




C_2022027EN.01001401.xml










19.1.2022   


EN


Official Journal of the European Union


C 27/14






COUNCIL DECISION
of 20 December 2021
appointing the President of the Community Plant Variety Office
(2022/C 27/05)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (1), and in particular Article 43(1) thereof,
Whereas:






(1)


By Decision of 16 June 2016 (2), the Council renewed the term of office of Mr Martin EKVAD as President of the Community Plant Variety Office (the ’Office’).










(2)


The renewed term of office of Mr Martin EKVAD expired on 31 August 2021.










(3)


On 22 September 2021, after obtaining the opinion of the Administrative Council of the Office, the Commission proposed to the Council a list of candidates for the President of the Office,




HAS ADOPTED THIS DECISION:

Article 1

1.   Mr Francesco MATTINA is hereby appointed as President of the Community Plant Variety Office (the ’Office’) for a period of five years.


2.   The term of office of Mr Francesco MATTINA shall run from the date on which he takes up his duties. That date shall be agreed between him and the Administrative Council of the Office.



Article 2
The Chairperson of the Administrative Council of the Office shall be empowered to provide for all the arrangements necessary to implement Article 1.


Article 3
This Decision shall enter into force on the date of its adoption.


Done at Brussels, 20 December 2021.


For the Council


The President

A. VIZJAK




(1)  OJ L 227, 1.9.1994, p. 1.

(2)  Council Decision of 16 June 2016 renewing the term of office of the President of the Community Plant Variety Office (OJ C 223, 21.6.2016, p. 6).
Case C-804/21: Request for a preliminary ruling from the Korkein oikeus (Finland) lodged on 20 December 2021 — C and CD
Date: 2021-12-20
Institutions: Court of Justice
Subjects: detention before trial, enforcement of ruling, extradition, right of asylum








C_2022095EN.01002001.xml










28.2.2022   


EN


Official Journal of the European Union


C 95/20






Request for a preliminary ruling from the Korkein oikeus (Finland) lodged on 20 December 2021 — C and CD
(Case C-804/21)
(2022/C 95/25)
Language of the case: Finnish

Referring court

Korkein oikeus

Parties to the main proceedings


Applicants: C and CD

Defendant: Syyttäjä

Questions referred







1.


Does Article 23(3) of Framework Decision 2002/584/JHA, (1) read in conjunction with Article 23(5) thereof, require that, if a person in detention has not been surrendered within the time limits, the executing judicial authority referred to in Article 6(2) of the Framework Decision is to decide on a new surrender date and must determine whether a situation of force majeure exists and if the conditions required for detention are met, or is a procedure under which the court only examines those matters where the parties so request also compatible with the framework decision? If action on the part of the judicial authority is required in order for the time limit to be extended, does the lack of any such action necessarily mean that the time limits laid down in the framework decision have expired, in which case the person in detention must be released pursuant to Article 23(5) thereof?










2.


Is Article 23(3) of Framework Decision 2002/584/JHA to be interpreted as meaning that the concept of force majeure includes legal obstacles to the surrender which are based on the national legislation of the executing Member State, such as an order preventing execution which has effect for the duration of the legal proceedings, or the right of an asylum seeker to remain in the executing Member State until his or her application for asylum has been determined?






(1)  2002/584/JHA: Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States — Statements made by certain Member States on the adoption of the Framework Decision (OJ 2002 L 190, p. 1).
Non-opposition to a notified concentration (Case M.10436 – MOËT HENNESSY / CAMPARI / CLASS A TANNICO SHAREHOLDERS / TANNICO) (Text with EEA relevance) 2022/C 372/01
Date: 2021-12-20
Institutions: Directorate-General for Competition, European Commission
Subjects: alcoholic beverage, beverage industry, digital technology, distributor, economic concentration, electronic commerce, investment company, merger control








C_2022372EN.01000101.xml










29.9.2022   


EN


Official Journal of the European Union


C 372/1






Non-opposition to a notified concentration
(Case M.10436 – MOËT HENNESSY / CAMPARI / CLASS A TANNICO SHAREHOLDERS / TANNICO)
(Text with EEA relevance)
(2022/C 372/01)
On 20 December 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 policy’ 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 32021M10436. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.
Election of the Presidents of the Chambers of three Judges
Date: 2021-12-20
Institutions: Court of Justice
Subjects: appointment of members, member of the Court of Justice (EU)








C_2021513EN.01000302.xml










20.12.2021   


EN


Official Journal of the European Union


C 513/3






Election of the Presidents of the Chambers of three Judges
(2021/C 513/07)
At a meeting on 11 October 2021, the Judges of the Court of Justice elected, pursuant to Article 12(2) of the Rules of Procedure, Ms Ziemele as President of the Sixth Chamber, Mr Passer as President of the Seventh Chamber, Mr Jääskinen as President of the Eighth Chamber, Mr Rodin as President of the Ninth Chamber and Mr Jarukaitis as President of the Tenth Chamber for the period from 11 October 2021 to 6 October 2022.
Case T-848/19: Order of the General Court of 20 December 2021 — HS v Commission
Date: 2021-12-20
Institutions: General Court
Subjects: European official, damages, discrimination based on disability, probationary period, rights of the defence, staff regulations (EU), termination of employment, worker with disabilities








C_2022095EN.01004501.xml










28.2.2022   


EN


Official Journal of the European Union


C 95/45






Order of the General Court of 20 December 2021 — HS v Commission
(Case T-848/19) (1)

(2022/C 95/63)
Language of the case: English
The President of the Fourth Chamber has ordered that the case be removed from the register.


(1)  OJ C 271, 17.8.2020.
Election of the Registrar
Date: 2021-12-20
Institutions: Court of Justice
Subjects: appointment of members, member of the Court of Justice (EU)








C_2021513EN.01000601.xml










20.12.2021   


EN


Official Journal of the European Union


C 513/6






Election of the Registrar
(2021/C 513/11)
At a meeting on 26 October 2021, the Judges and Advocates General of the Court of Justice decided, pursuant to Article 18(4) of the Rules of Procedure, to reappoint Mr Calot Escobar as Registrar of the Court of Justice for the period from 7 October 2022 to 6 October 2028.
Lists for the purposes of determining the composition of the formations of the Court
Date: 2021-12-20
Institutions: Court of Justice
Subjects: appointment of members, member of the Court of Justice (EU)








C_2021513EN.01000401.xml










20.12.2021   


EN


Official Journal of the European Union


C 513/4






Lists for the purposes of determining the composition of the formations of the Court
(2021/C 513/10)
At its General Meeting on 13 October 2021, the Court drew up the list for determining the composition of the Grand Chamber as follows:
Mr Ilešič
Ms Spineanu-Matei
Mr Bonichot
Mr Csehi
Mr von Danwitz
Mr Gavalec
Mr Safjan
Ms Arastey Sahún
Mr Rodin
Mr Gratsias
Mr Biltgen
Mr Passer
Mr Xuereb
Ms Ziemele
Mr Piçarra
Mr Wahl
Ms Rossi
Mr Jääskinen
Mr Jarukaitis
Mr Kumin
At its General Meeting on 13 October 2021, the Court drew up the list for determining the composition of the Chambers of five Judges as follows:

First Chamber:

Mr von Danwitz
Ms Ziemele
Mr Xuereb
Mr Kumin

Second Chamber:

Mr Biltgen
Ms Arastey Sahún
Mr Wahl
Mr Passer

Third Chamber:

Mr Safjan
Mr Gavalec
Mr Piçarra
Mr Jääskinen

Fourth Chamber:

Mr Bonichot
Ms Spineanu-Matei
Mr Rodin
Ms Rossi

Fifth Chamber:

Mr Ilešič
Mr Csehi
Mr Jarukaitis
Mr Gratsias
At its General Meeting on 13 October 2021, the Court drew up the list for determining the composition of the Chambers of three Judges as follows:

Sixth Chamber

Mr von Danwitz
Mr Xuereb
Mr Kumin

Seventh Chamber

Mr Biltgen
Mr Wahl
Ms Arastey Sahún

Eighth Chamber

Mr Safjan
Mr Piçarra
Mr Gavalec

Ninth Chamber

Mr Bonichot
Ms Rossi
Ms Spineanu-Matei

Tenth Chamber

Mr Ilešič
Mr Gratsias
Mr Csehi
Election of the President of the Court
Date: 2021-12-20
Institutions: Court of Justice
Subjects: Court of Justice (EU), appointment of members, member of the Court of Justice (EU), president of an institution








C_2021513EN.01000202.xml










20.12.2021   


EN


Official Journal of the European Union


C 513/2






Election of the President of the Court
(2021/C 513/03)
At a meeting on 8 October 2021, the Judges of the Court of Justice elected, pursuant to Article 8(1) of the Rules of Procedure, Mr Lenaerts as President of the Court for the period from 8 October 2021 to 6 October 2024.
Council Decision of 20 December 2021 appointing the alternate to the Chairperson of the Board of Appeal of the Community Plant Variety Office 2022/C 27/06
Date: 2021-12-20
Institutions: Council of the European Union
Subjects: Community Plant Variety Office, appeal, appointment of members




C_2022027EN.01001601.xml










19.1.2022   


EN


Official Journal of the European Union


C 27/16






COUNCIL DECISION
of 20 December 2021
appointing the alternate to the Chairperson of the Board of Appeal of the Community Plant Variety Office
(2022/C 27/06)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (1), and in particular Article 47(1) thereof,
Whereas:






(1)


By Decision of 16 June 2016 (2), the Council renewed the term of office of Ms Sari Kaarina HAUKKA as alternate to the Chairperson of the Board of Appeal of the Community Plant Variety Office (the ’Office’).










(2)


The renewed term of office of Ms Sari Kaarina HAUKKA expired on 14 October 2021.










(3)


On 13 October 2021, after obtaining the opinion of the Administrative Council of the Office, the Commission proposed to the Council a list of candidates for the alternates to the Chairperson of the Board of Appeal of the Office,




HAS ADOPTED THIS DECISION:

Article 1

1.   Mr Marcus NAVIN-JONES is hereby appointed as alternate to the Chairperson of the Board of Appeal of the Community Plant Variety Office (the ’Office’) for a period of five years.


2.   The term of office of Mr Marcus NAVIN-JONES shall run from the date on which he takes up his duties. That date shall be agreed between the President and the Administrative Council of the Office.



Article 2
The Chairperson of the Administrative Council of the Office shall be empowered to provide for all the arrangements necessary to implement Article 1.


Article 3
This Decision shall enter into force on the date of its adoption.


Done at Brussels, 20 December 2021.


For the Council


The President

A. VIZJAK




(1)  OJ L 227, 1.9.1994, p. 1.

(2)  Council Decision of 16 June 2016 renewing the term of office of the alternate to the Chairperson of the Board of Appeal of the Community Plant Variety Office (OJ C 223, 21.6.2016, p. 5).
Election of the Vice-President of the Court
Date: 2021-12-20
Institutions: Court of Justice
Subjects: Court of Justice (EU), appointment of members, member of the Court of Justice (EU), vice-president of an institution








C_2021513EN.01000203.xml










20.12.2021   


EN


Official Journal of the European Union


C 513/2






Election of the Vice-President of the Court
(2021/C 513/04)
At a meeting on 8 October 2021, the Judges of the Court of Justice elected, pursuant to Article 8(4) of the Rules of Procedure, Mr Bay Larsen as Vice-President of the Court for the period from 8 October 2021 to 6 October 2024.
Case C-805/21: Request for a preliminary ruling from the Spetsializiran nakazatelen sad (Bulgaria) lodged on 20 December 2021 — Criminal proceedings against ZhU and RD
Date: 2021-12-20
Institutions: Court of Justice
Subjects: confiscation of property, criminal proceedings, excise duty, motor vehicle, storage, tobacco industry








C_2022138EN.01001401.xml










28.3.2022   


EN


Official Journal of the European Union


C 138/14






Request for a preliminary ruling from the Spetsializiran nakazatelen sad (Bulgaria) lodged on 20 December 2021 — Criminal proceedings against ZhU and RD
(Case C-805/21)
(2022/C 138/14)
Language of the case: Bulgarian

Referring court

Spetsializiran nakazatelen sad

Parties to the main proceedings

ZhU and RD

Question referred

Is it compatible with Article 2(3) of Directive 2014/42 (1) or, in the alternative, with the third indent of Article 1 of Framework Decision 2005/212 to interpret national law as meaning that a motor vehicle used to store large quantities of excise goods (cigarettes) without strip stamps does not constitute an instrumentality of crime?


(1)  Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union (OJ 2014 L 127, p. 39).