do-me/EUR-LEX huggingface dataset:
Case T-51/22: Action brought on 28 January 2022 — Santos v EUIPO (Shape of a citrus press)
Date: 2022-01-28
Institutions: General Court
Subjects: EU trade mark, fruit juice, household electrical appliance, registered trade mark, trade-mark law








C_2022119EN.01005501.xml










14.3.2022   


EN


Official Journal of the European Union


C 119/55






Action brought on 28 January 2022 — Santos v EUIPO (Shape of a citrus press)
(Case T-51/22)
(2022/C 119/78)
Language of the case: French

Parties


Applicant: Santos (Vaulx-en-Velin, France) (represented by: C. Bey, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: Application for a three-dimensional EU trade mark (Shape of a citrus press), claiming the colours (yellow Pantone 1235 C; green NCS S 3050-G50Y) — Application for registration No 18 005 754

Contested decision: Decision of the First Board of Appeal of EUIPO of 29 November 2021 in Case R 281/2020-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs, including those incurred by the applicant for the purposes of the proceedings before the First Board of Appeal of EUIPO.





Pleas in law







—


Infringement of Article 165(2) and (5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, Article 36 of Commission Delegated Regulation (EU) 2018/625 and Article 7 of Decision 2020-7 of the Presidium of the Boards of Appeal concerning the organisation of the Boards;










—


Infringement of Article 7 of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Notice for the attention of the persons subject to restrictive measures provided for in Council Decision 2011/72/CFSP, as amended by Council Decision (CFSP) 2022/118, and in Council Regulation (EU) 101/2011, as implemented by Council Implementing Regulation (EU) 2022/113, concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia 2022/C 44/06
Date: 2022-01-28
Institutions: Council of the European Union
Subjects: EU restrictive measure, Tunisia, economic sanctions, international sanctions, natural person








C_2022044EN.01002001.xml










28.1.2022   


EN


Official Journal of the European Union


C 44/20






Notice for the attention of the persons subject to restrictive measures provided for in Council Decision 2011/72/CFSP, as amended by Council Decision (CFSP) 2022/118, and in Council Regulation (EU) 101/2011, as implemented by Council Implementing Regulation (EU) 2022/113, concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia
(2022/C 44/06)
The following information is brought to the attention of the persons that appear in the Annex to Council Decision 2011/72/CFSP (1), as amended by Council Decision (CFSP) 2022/118 (2), and in Annex I to Council Regulation (EU) 101/2011 (3), as implemented by Council Implementing Regulation (EU) 2022/113 (4).
The Council of the European Union, after having reviewed the list of designated persons, has decided that the persons that appear in the above-mentioned Annexes should continue to be included in the list of persons and entities subject to restrictive measures provided for in Decision 2011/72/CFSP and Regulation (EU) 101/2011.
The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the websites in Annex II to Regulation (EU) No 101/2011, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 4 of the Regulation).
The persons concerned may submit a request to the Council before 1 September 2022, together with supporting documentation that the decision to include them on the above-mentioned list should be reconsidered to the following address:





Council of the European Union




General Secretariat




RELEX.1.C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




Email: sanctions@consilium.europa.eu
Any observations received will be taken into account for the purpose of the Council’s next review, pursuant to Article 5 of Decision 2011/72/CFSP and Article 12(4) of Regulation (EU) No 101/2011, of the list of designated persons.


(1)  OJ L 28, 2.2.2011, p. 62.

(2)  OJ L 19, 28.1.2022, p. 67.

(3)  OJ L 31, 5.2.2011, p. 1.

(4)  OJ L 19, 28.1.2022, p. 7.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 27 January 2022 2022/C 43/01
Date: 2022-01-28
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2022043EN.01000101.xml










28.1.2022   


EN


Official Journal of the European Union


C 43/1






Euro exchange rates (1)

27 January 2022
(2022/C 43/01)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1160 




JPY


Japanese yen


128,74 




DKK


Danish krone


7,4428 




GBP


Pound sterling


0,83368 




SEK


Swedish krona


10,4450 




CHF


Swiss franc


1,0391 




ISK


Iceland króna


145,20 




NOK


Norwegian krone


9,9903 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


24,427 




HUF


Hungarian forint


358,09 




PLN


Polish zloty


4,5592 




RON


Romanian leu


4,9466 




TRY


Turkish lira


15,1946 




AUD


Australian dollar


1,5771 




CAD


Canadian dollar


1,4161 




HKD


Hong Kong dollar


8,6951 




NZD


New Zealand dollar


1,6872 




SGD


Singapore dollar


1,5089 




KRW


South Korean won


1 344,50 




ZAR


South African rand


17,1112 




CNY


Chinese yuan renminbi


7,1061 




HRK


Croatian kuna


7,5328 




IDR


Indonesian rupiah


16 052,42 




MYR


Malaysian ringgit


4,6844 




PHP


Philippine peso


57,295 




RUB


Russian rouble


87,1390 




THB


Thai baht


37,124 




BRL


Brazilian real


6,0159 




MXN


Mexican peso


23,1430 




INR


Indian rupee


83,7893 






(1)  Source: reference exchange rate published by the ECB.
Case C-56/22: Request for a preliminary ruling from the Tribunal de première instance de Liège (Belgium) lodged on 28 January 2022 — PL v État belge
Date: 2022-01-28
Institutions: Court of Justice
Subjects: appeal, foreign national, illegal migration, residence permit, return migration, right of asylum








C_2022148EN.01001601.xml










4.4.2022   


EN


Official Journal of the European Union


C 148/16






Request for a preliminary ruling from the Tribunal de première instance de Liège (Belgium) lodged on 28 January 2022 — PL v État belge
(Case C-56/22)
(2022/C 148/22)
Language of the case: French

Referring court

Tribunal de première instance de Liège

Parties to the main proceedings


Applicant: PL

Defendant: État belge

Question referred

Does EU law, essentially the provisions of the Charter of Fundamental Rights of the European Union and Directive 2008/115/EC, (1) apply to a practice of a Member State allowing it to regularise in situ a foreign national staying there illegally? If it does, must Articles 5, 6 and 13 of Directive 2008/115/EC, read in accordance with [recitals 6 and 24] thereof, and Articles 1, 7, 14, 20, 21, 24 and 47 of the Charter of Fundamental Rights of the European Union be interpreted as meaning that, where a Member State is considering granting an autonomous residence permit or other authorisation offering a right to stay for compassionate, humanitarian or other reasons to a third-country national staying illegally on its territory, it is entitled to: (i) require that national, first of all, to prove that it is impossible to make his or her application in his or her country of origin; and (ii) not set out in its legislation the, a fortiori objective, conditions and criteria for proving those compassionate, humanitarian or other reasons (whether as far as admissibility is concerned, by requiring that exceptional circumstances be demonstrated but not defining them, or as far as substance is concerned, by failing to lay down any objective criteria for defining the, inter alia humanitarian, reasons justifying a residence authorisation), thereby rendering the response to such an application unpredictable, or even arbitrary? If it is permissible for those criteria not to be laid down by legislation, in the event of a refusal, is the right to an effective remedy not undermined by the fact that the only remedy provided is based on strict legality, excluding any considerations of appropriateness?


(1)  Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ 2008 L 348, p. 98).
Commission information notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community Public service obligations in respect of scheduled air services (Text with EEA Relevance) 2022/C 44/10
Date: 2022-01-28
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Connacht, Ireland, Ulster-Donegal, air transport, inland transport, services of general interest, transport regulations








C_2022044EN.01002501.xml










28.1.2022   


EN


Official Journal of the European Union


C 44/25






Commission information notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Public service obligations in respect of scheduled air services
(Text with EEA Relevance)
(2022/C 44/10)






Member State


Ireland




Routes concerned


Aerfort Chonamara – Árainn
Aerfort Chonamara – Inis Meáin – Inis Oírr




Date of entry into force of the public service obligations


7 June 2022




Address where the text and any information and/or documentation related to the public service obligation can be obtained


For further information please contact:
Colm Mac Donncha,





Rannóg na n-Oileáin,




An Roinn Forbartha Tuaithe agus Pobail




Na Forbacha,




Co. na Gaillimhe,




ÉIRE




H91 KX39




Teileafón: +353 858743881
Ríomhphost: colm.macdonncha@drcd.gov.ie
Case C-57/22: Request for a preliminary ruling from the Nejvyšší soud České republiky (Czech Republic) lodged on 28 January 2022 — YQ v Ředitelství silnic a dálnic ČR
Date: 2022-01-28
Institutions: Court of Justice
Subjects: arrangement of working time, indemnification, national law, paid leave, unfair dismissal, wage earner








C_2022207EN.01001102.xml










23.5.2022   


EN


Official Journal of the European Union


C 207/11






Request for a preliminary ruling from the Nejvyšší soud České republiky (Czech Republic) lodged on 28 January 2022 — YQ v Ředitelství silnic a dálnic ČR
(Case C-57/22)
(2022/C 207/16)
Language of the case: Czech

Referring court

Nejvyšší soud České republiky

Parties to the main proceedings


Applicant: YQ

Defendant: Ředitelství silnic a dálnic ČR

Question referred

Must Article 7(1) of Directive 2003/88/EC (1) of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time be interpreted as precluding national case-law by virtue of which a worker who was unlawfully dismissed then reinstated in his or her employment, in accordance with national law, following the annulment of the dismissal by a decision of a court, is not entitled to paid annual leave for the period between the date of the dismissal and that of the reinstatement in his or her employment on the ground that, during that period, that worker did not actually carry out work for the employer, also in cases when, according to national legislation, the worker who has been unlawfully dismissed and who has without undue delay informed his or her employer in writing that he or she insists on being employed, is entitled to wage or salary compensation in the amount of average earnings from the date when he or she informed the employer that he or she insists on the continuation of his or her employment until such time as the employer allows him or her to carry on in his or her work or his or her employment relationship is validly terminated?


(1)  OJ 2003 L 299, p. 9.
Corrigendum to Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union — Cases where the Commission raises no objections (OJ C 460, 12.11.2021)
Date: 2022-01-28
Institutions: Directorate-General for Competition, European Commission
Subjects: Belgium, Denmark, Finland, Greece, Italy, Slovakia, Spain, State aid, control of State aid, coronavirus disease, epidemic








C_2022046EN.01002201.xml










28.1.2022   


EN


Official Journal of the European Union


C 46/22






Corrigendum to Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union
Cases where the Commission raises no objections
(
Official Journal of the European Union C 460 of 12 November 2021
)
(2022/C 46/02)
On page 4, State aid number SA.63553:

for:







‘Objective


Remedy for a serious disturbance in the economy’





read:







‘Objective


Sectorial development’
Case C-55/22: Request for a preliminary ruling from the Landesverwaltungsgericht Vorarlberg (Austria) lodged on 28 January 2022 — NK
Date: 2022-01-28
Institutions: Court of Justice
Subjects: administrative sanction, game of chance, public institution, right to justice








C_2022257EN.01001902.xml










4.7.2022   


EN


Official Journal of the European Union


C 257/19






Request for a preliminary ruling from the Landesverwaltungsgericht Vorarlberg (Austria) lodged on 28 January 2022 — NK
(Case C-55/22)
(2022/C 257/26)
Language of the case: German

Referring court

Landesverwaltungsgericht Vorarlberg

Parties to the main proceedings


Appellant: NK

Respondent authority: Bezirkshauptmannschaft Feldkirch

Question referred

Is the principle of [ne] bis in idem, as guaranteed by Article 50 of the Charter, to be interpreted as meaning that the competent administrative penal authority of a Member State is prevented from imposing a fine on a person for infringement of a provision of the legislation on games of chance if administrative penal proceedings brought previously against the same person for an infringement of a different provision of the legislation on games of chance (or, more generally, a rule from the same field of law), which were based on the same facts, were finally terminated after an oral hearing with the taking of evidence had been held?
Case T-52/22: Action brought on 28 January 2022 — Chambre de commerce et d’industrie territoriale de la Marne en Champagne v EUIPO — Ambrosetti Group Ltd (TEHA)
Date: 2022-01-28
Institutions: General Court
Subjects: EU trade mark, business management, business tourism, computer equipment, consultancy, financial services, registered trade mark, software, trade-mark law, updating of skills








C_2022128EN.01003001.xml










21.3.2022   


EN


Official Journal of the European Union


C 128/30






Action brought on 28 January 2022 — Chambre de commerce et d’industrie territoriale de la Marne en Champagne v EUIPO — Ambrosetti Group Ltd (TEHA)
(Case T-52/22)
(2022/C 128/42)
Language in which the application was lodged: French

Parties


Applicant: Chambre de commerce et d’industrie territoriale de la Marne en Champagne (Châlons-en-Champagne, France) (represented by: T. de Haan, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Ambrosetti Group Ltd (London, United Kingdom)

Details of the proceedings before EUIPO


Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for registration of the European Union figurative mark TEHA — Application No 17 091 091

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 23 November 2021 in Case R 837/2021-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs, including those incurred by the applicant’s legal predecessor for the purposes of the proceedings before the Fourth Board of Appeal of EUIPO.





Plea in law

Infringement of Article 18(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Case C-58/22: Request for a preliminary ruling from the Curtea de Apel Craiova (Romania) lodged on 28 January 2022 — NR v Parchetul de pe lângă Curtea de Apel Craiova
Date: 2022-01-28
Institutions: Court of Justice
Subjects: public prosecution, public prosecutor's department, right to justice, rights of the defence








C_2022213EN.01002102.xml










30.5.2022   


EN


Official Journal of the European Union


C 213/21






Request for a preliminary ruling from the Curtea de Apel Craiova (Romania) lodged on 28 January 2022 — NR v Parchetul de pe lângă Curtea de Apel Craiova
(Case C-58/22)
(2022/C 213/29)
Language of the case: Romanian

Referring court

Curtea de Apel Craiova

Parties to the main proceedings


Appellant: NR

Other party: Parchetul de pe lângă Curtea de Apel Craiova

Question referred

Is the ne bis in idem principle, as guaranteed by Article 50 of the Charter of Fundamental Rights of the European Union, in conjunction with Romania’s obligations to address the benchmarks set out in the CVM decision (Commission Decision 2006/928), to be interpreted as meaning that a decision to take no further action, issued by the public prosecutor after obtaining essential evidence in the case, precludes another public prosecution from being brought against the same person, for the same acts, albeit with a different legal classification, since that decision is final — unless it is established that the circumstance on which the discontinuance was based does not exist, or new facts or circumstances have emerged which show that the circumstance on which the discontinuance was based no longer exists?
Case T-62/22: Action brought on 28 January 2022 — Estonia v Commission
Date: 2022-01-28
Institutions: General Court
Subjects: EAFRD, EAGF, agricultural expenditure, aid to agriculture, eligibility criteria, farm animal, terms for aid








C_2022148EN.01003201.xml










4.4.2022   


EN


Official Journal of the European Union


C 148/32






Action brought on 28 January 2022 — Estonia v Commission
(Case T-62/22)
(2022/C 148/43)
Language of the case: Estonian

Parties


Applicants: Republic of Estonia (represented by: M. Kriisa)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the European Commission’s Implementing Decision of 17 November 2021, in so far as it concerns the Republic of Estonia in the amount of EUR 634 057,30;










—


order the defendant to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law:






1.


First plea in law — the applicant submits that the European Commission misinterpreted and misapplied Article 21 of Commission Implementing Regulation (EU) No 809/2014, (1) read in conjunction with Article 30 of Commission Delegated Regulation (EU) No 640/2014, (2) and thus came to the incorrect conclusion that the system for the submission of aid applications in Estonia does not comply with those provisions.










2.


Second plea in law — according to the applicant, the European Commission interpreted Article 30(2) of Regulation No 640/2014 in an arbitrary manner and, consequently, applied it incorrectly.










3.


Third plea in law — the applicant submits that the European Commission infringed the obligation to state reasons and the principle of good administration, since it was not able to provide sufficiently clear reasons why the animal replacement as authorised in Estonia does not comply with EU law.






(1)  Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance (OJ 2014 L 227, p. 69).

(2)  Commission Delegated Regulation (EU) No 640/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance (OJ 2014 L 181, p. 48).
Commission information notice pursuant to Article 17(5) of Regulation (EC) No 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) 2022/C 44/09
Date: 2022-01-28
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Connacht, Ireland, Ulster-Donegal, air transport, inland transport, invitation to tender, services of general interest, transport regulations








C_2022044EN.01002401.xml










28.1.2022   


EN


Official Journal of the European Union


C 44/24






Commission information notice pursuant to Article 17(5) of Regulation (EC) No 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)
(2022/C 44/09)






Member State


Ireland




Concerned routes


Aerfort Chonamara – Árainn
Aerfort Chonamara – Inis Meáin – Inis Oírr




Period of validity of the contract


7.6.2022 – 6.6.2026




Deadline for submission of tenders


60 days from the 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







Colm Mac Donncha,




An Roinn Forbartha, Tuaithe agus Pobail,




na Forbacha,




H91 KX39




Co. na Gaillimhe




ÉIRE




(N.B. All correspondence, requests for information, documentation and tenders relating to this tender competition to be submitted to the Department via the e-Tenders website at https://www.etenders.gov.ie )