do-me/EUR-LEX huggingface dataset:
Case T-381/20: Judgment of the General Court of 21 December 2021 — Datax v REA (Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — HELP and GreenNets grant agreements — OLAF’s investigation — Personnel costs — Burden of proof — Reliability of timesheets — Ineligibility of costs declared by the beneficiary — Request for recovery — Debit notes — Limitation — Reasonable time — Proportionality)
Date: 2021-12-21
Institutions: General Court
Subjects: EU aid, European Anti-fraud Office, Framework Programme for Research and Development, arbitration clause, debt, expenditure, financial aid, principle of proportionality, proof, reimbursement of aid








C_2022095EN.01002902.xml










28.2.2022   


EN


Official Journal of the European Union


C 95/29






Judgment of the General Court of 21 December 2021 — Datax v REA
(Case T-381/20) (1)

(Arbitration clause - Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) - HELP and GreenNets grant agreements - OLAF’s investigation - Personnel costs - Burden of proof - Reliability of timesheets - Ineligibility of costs declared by the beneficiary - Request for recovery - Debit notes - Limitation - Reasonable time - Proportionality)
(2022/C 95/39)
Language of the case: English

Parties


Applicant: Datax sp. z o.o. (Wrocław, Poland) (represented by: J. Bober, lawyer)

Defendant: European Research Executive Agency (represented by: S. Payan-Lagrou and V. Canetti, acting as Agents, and by M. Le Berre, lawyer)

Re:

Application based on Article 272 TFEU seeking, first, a declaration of eligibility of the personnel costs relating to the researcher, second, a declaration that the obligation to pay liquidated damages is unfounded and, third, an order that the REA take no further action against the applicant as regards the personnel costs of the researcher relating to the HELP and GreenNets grant agreements.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Datax sp. z o.o. to pay the costs, including those relating to the interlocutory proceedings.






(1)  OJ C 297, 7.9.2020.
Case C-809/21: Request for a preliminary ruling from the Rechtbank Noord-Holland zittingsplaats Haarlem (Netherlands) lodged on 21 December 2021 — Nokia Solutions and Networks Oy v Inspecteur van de Belastingdienst/Douane, kantoor Eindhoven
Date: 2021-12-21
Institutions: Court of Justice
Subjects: customs formalities, import levy, infringement of EU law, interest, surveillance concerning imports








C_2022138EN.01001501.xml










28.3.2022   


EN


Official Journal of the European Union


C 138/15






Request for a preliminary ruling from the Rechtbank Noord-Holland zittingsplaats Haarlem (Netherlands) lodged on 21 December 2021 — Nokia Solutions and Networks Oy v Inspecteur van de Belastingdienst/Douane, kantoor Eindhoven
(Case C-809/21)
(2022/C 138/16)
Language of the case: Dutch

Referring court

Rechtbank Noord-Holland zittingsplaats Haarlem

Parties to the main proceedings


Appellant: Nokia Solutions and Networks Oy

Respondent: Inspecteur van de Belastingdienst/Douane, kantoor Eindhoven

Question referred

Is there an infringement of EU law — which is a condition for entitlement to interest under EU law as developed by the Court of Justice — where a Member State authority, on the basis of a post-importation control of a customs declaration submitted after 1 May 2016, imposes a duty in breach of legally valid provisions of EU law and a Member State court makes a finding of that infringement of EU law?
Case T-409/20: Judgment of the General Court of 21 December 2021 — KS v Frontex (Civil service — Members of the temporary staff — Fixed-term contract — Termination of the contract — Breakdown in the relationship of trust — Article 47(b)(ii) of the CEOS — Right to be heard — Duty to have regard for the welfare of staff — Requests for assistance and compensation — Action for annulment and compensation)
Date: 2021-12-21
Institutions: General Court
Subjects: civil liability proceedings, indemnification, legal aid, rights of the defence, servant (EU), staff regulations (EU), temporary employment, termination of employment, work contract








C_2022084EN.01003702.xml










21.2.2022   


EN


Official Journal of the European Union


C 84/37






Judgment of the General Court of 21 December 2021 — KS v Frontex
(Case T-409/20) (1)

(Civil service - Members of the temporary staff - Fixed-term contract - Termination of the contract - Breakdown in the relationship of trust - Article 47(b)(ii) of the CEOS - Right to be heard - Duty to have regard for the welfare of staff - Requests for assistance and compensation - Action for annulment and compensation)
(2022/C 84/52)
Language of the case: French

Parties


Applicant: KS (represented by: N. de Montigny, lawyer)

Defendant: European Border and Coast Guard Agency (represented by: H. Caniard, S. Drew, W. Szmidt and B. Dukay-Zangrando, acting as Agents, and by T. Bontinck, A. Guillerme and L. Burguin, lawyers)

Re:

Application under Article 270 TFEU seeking, first, annulment of Frontex’s decision of 30 August 2019 terminating the applicant’s fixed-term contract of employment and of the decision of 13 February 2020 rejecting the applicant’s requests for assistance and compensation and, second, compensation for the non-material damage which the applicant has suffered as a result.

Operative part of the judgment

The Court:






1.


Annuls the decision of the European Border and Coast Guard Agency (Frontex) of 13 February 2020 in so far as it rejected KS’s request for assistance;










2.


Dismisses the action as to the remainder;










3.


Orders KS to bear half of his own costs;










4.


Orders Frontex to bear its own costs and to pay half of the costs incurred by KS.






(1)  OJ C 279, 24.8.2020.
Case C-817/21: Request for a preliminary ruling from the Curtea de Apel București (Romania) lodged on 21 December 2021 — R.I. v Inspecția Judiciară, N.L.
Date: 2021-12-21
Institutions: Court of Justice
Subjects: Romania, administrative measure, disciplinary proceedings, independence of the judiciary, judge, judicial reform, supervisory body








C_2022165EN.01002501.xml










19.4.2022   


EN


Official Journal of the European Union


C 165/25






Request for a preliminary ruling from the Curtea de Apel București (Romania) lodged on 21 December 2021 — R.I. v Inspecția Judiciară, N.L.
(Case C-817/21)
(2022/C 165/32)
Language of the case: Romanian

Referring court

Curtea de Apel București

Parties to the main proceedings


Appellant: R.I.

Respondents: Inspecția Judiciară, N.L.

Question referred

Must Article 2 and the second subparagraph of Article 19(1) of the Treaty on European Union, Decision 2006/928 (establishing a mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption), (1) and the guarantees of independence and impartiality imposed under EU law, be interpreted as precluding national legislation which allows the chief inspector of the Judicial Inspectorate to issue administrative acts of a normative nature (subordinate to the law) and/or an individual nature by which he or she decides autonomously on the organisation of the institutional framework of the Judicial Inspectorate for the selection of judicial inspectors and the assessment of their activity, the conduct of the inspection activities, and the appointment of the deputy chief inspector, where, under organic law, those persons alone may carry out, approve or reject acts of disciplinary investigation in respect of the chief inspector?


(1)  Commission Decision 2006/928 of 13 December 2006 establishing a mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption (OJ 2006 L 354, p. 56).