do-me/EUR-LEX huggingface dataset:
Case T-171/22: Action brought on 31 March 2022 — OR and OS v Commission
Date: 2022-03-31
Institutions: General Court
Subjects: European official, death, limitation of legal proceedings, staff regulations (EU), transfer of pension rights








C_2022207EN.01005101.xml










23.5.2022   


EN


Official Journal of the European Union


C 207/51






Action brought on 31 March 2022 — OR and OS v Commission
(Case T-171/22)
(2022/C 207/67)
Language of the case: French

Parties


Applicants: OR and OS (represented by: N. de Montigny, lawyer)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:






—


annul the decision of 12 July 2021 by which the [Office for the Administration and Payment of Individual Entitlements of the European Commission (PMO)] rejected the applicants’ request of 18 March 2021, made on the basis of Article 90(1) of the Staff Regulations, for payment of the pension rights accumulated by their deceased father under the Pension Scheme of the European Union Institutions (‘the PSEUI’) and of the pension rights acquired prior to his entry into service;










—


annul, in so far as it is considered to supplement the statement of reasons, the decision of 22 December 2021 by which the Appointing Authority rejected the applicants’ complaint of 20 September 2021;










—


order the defendant to return to the applicants the amount of the rights corresponding to the contributions made by the deceased to the PSEUI and the amount of his national pension rights transferred thereto;










—


order the defendant to pay the interest due on the amounts to be returned at the European Central Bank interest rate, increased by two percentage points, from the date of the transfer and the monthly contributions;










—


order the defendant to pay the costs.





Pleas in law and main arguments

In support of the action, the applicants rely on a single plea in law, alleging unjust enrichment of the European Union. The applicants argue in this regard that their father had acquired, prior to his death, the right to transfer his years of pensionable service acquired under the PSEUI and the years of pensionable service acquired under his national pension rights, and emphasise that this right is not subject to any limitation period. The applicants add that, since their father had not completed, prior to his death, the ten years of actual service that would have enabled him to benefit from the payment of a retirement pension under the PSEUI, the sums contributed constitute unjust enrichment of the European Union.
Case T-172/22: Action brought on 31 March 2022 — Gönenç v EUIPO — Solar (termorad ‘ALUMINIUM PANEL RADIATOR’)
Date: 2022-03-31
Institutions: General Court
Subjects: EU trade mark, air conditioning, heating, lighting equipment, registered trade mark, trade-mark law








C_2022207EN.01005201.xml










23.5.2022   


EN


Official Journal of the European Union


C 207/52






Action brought on 31 March 2022 — Gönenç v EUIPO — Solar (termorad ‘ALUMINIUM PANEL RADIATOR’)
(Case T-172/22)
(2022/C 207/68)
Language in which the application was lodged: English

Parties


Applicant: Salim Selahaddin Gönenç (Konya, Turkey) (represented by: V. Martín Santos, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Solar A/S (Vejen, Denmark)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union figurative mark termorad ‘ALUMINIUM PANEL RADIATOR’ — Application for registration No 18 027 358

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 18 January 2022 in Case R 770/2021-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision so that the European Union trade mark No 18 027 358 is granted in its entirety;










—


order the intervener and/or the EUIPO to pay the costs incurred by the appellant in connection with this appeal and all procedural costs generated by EUIPO decisions.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Case C-231/21: Judgment of the Court (Seventh Chamber) of 31 March 2022 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — IA v Bundesamt für Fremdenwesen und Asyl (Reference for a preliminary ruling — Area of freedom, security and justice — Dublin system — Regulation (EU) No 604/2013 — Article 29(2) — Transfer of the asylum seeker to the Member State responsible for examining the application for international protection — Six-month time limit for transfer — Possibility of extending that time limit up to a maximum of one year in the event of imprisonment — Definition of ‘imprisonment’ — Court-authorised non-voluntary committal of the asylum seeker to a hospital psychiatric department)
Date: 2022-03-31
Institutions: Court of Justice
Subjects: EU migration policy, imprisonment, mental illness, psychiatric confinement, right of asylum








C_2022207EN.01000601.xml










23.5.2022   


EN


Official Journal of the European Union


C 207/6






Judgment of the Court (Seventh Chamber) of 31 March 2022 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — IA v Bundesamt für Fremdenwesen und Asyl
(Case C-231/21) (1)

(Reference for a preliminary ruling - Area of freedom, security and justice - Dublin system - Regulation (EU) No 604/2013 - Article 29(2) - Transfer of the asylum seeker to the Member State responsible for examining the application for international protection - Six-month time limit for transfer - Possibility of extending that time limit up to a maximum of one year in the event of imprisonment - Definition of ‘imprisonment’ - Court-authorised non-voluntary committal of the asylum seeker to a hospital psychiatric department)
(2022/C 207/08)
Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings


Applicant: IA

Defendant: Bundesamt für Fremdenwesen und Asyl

Operative part of the judgment

The second sentence of Article 29(2) of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person must be interpreted as meaning that the concept of ‘imprisonment’ referred to in that provision is not applicable to the non-voluntary committal of an asylum seeker to a hospital psychiatric department, which has been authorised by a judicial decision, on the ground that that person, due to a mental illness, is a serious danger to him- or herself or to society.


(1)  OJ C 242, 21.6.2021.
State aid – Decision to raise no objections 2022/C 143/07
Date: 2022-03-31
Institutions: EFTA Surveillance Authority
Subjects: European Economic Area, Norway, State aid, aid to undertakings, control of State aid, coronavirus disease, epidemic, private-sector liquidity








C_2022143EN.01001001.xml










31.3.2022   


EN


Official Journal of the European Union


C 143/10






State aid – Decision to raise no objections
(2022/C 143/07)
The EFTA Surveillance Authority raises no objections to the following state aid measure:






Date of adoption of the decision


14 December 2021




Case No


87845




Decision No


290/21/COL




EFTA State


Norway




Title (and/or name of the beneficiary)


COVID-19 - Prolongation of and amendments to the Norwegian umbrella scheme for liquidity support for undertakings in municipalities hit by the COVID-19 pandemic




Legal basis


The Government’s budget proposition, Prop. 79 S (2020– 2021) approved on 23 February 2021
Terms and conditions for the measure are described in the letters of assignment to the municipalities, issued by the Ministry of Local Government and Modernisation
Chapter 6 of the Regulation on economic management for national authorities sanctioned by Royal decree as of 12 December 2003 is of relevance




Type of measure


Scheme




Objective


To ensure access to liquidity for undertakings facing a sudden shortage/unavailability of liquidity due to the impact on the economy of the COVID-19 pandemic and the resulting local or national infection control measures




Form of aid


Direct grants




Budget


Maximum estimated budget is NOK 4.55 billion




Intensity


The measure provides all municipalities/regional counties with a framework within which they may aid local undertakings that experience increased costs or losses. The need for funds may therefore vary




Duration


Until 30 June 2022




Economic sectors


Sectors or undertakings may vary under the different municipal/county schemes. The measure does not apply to undertakings that are fully funded by public authorities and is not open to the finance sector however




Name and address of the granting authority


Ministry of Local Government and Modernisation is the authority responsible for the measure and for defining the framework within which the municipalities and regional counties may adapt and prioritise local schemes




Other information


 




The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s Internet: http://www.eftasurv.int/state-aid/state-aid-register/decisions/
Case T-587/21: Order of the General Court of 31 March 2022 — lastminute foundation v EUIPO — Scai Comunicazione (B Heroes)
Date: 2022-03-31
Institutions: General Court
Subjects: EU trade mark, advertising, audiovisual equipment, business administration, business management, communications industry, mass media, registered trade mark, telecommunications, trade-mark law








C_2022222EN.01004102.xml










7.6.2022   


EN


Official Journal of the European Union


C 222/41






Order of the General Court of 31 March 2022 — lastminute foundation v EUIPO — Scai Comunicazione (B Heroes)
(Case T-587/21) (1)

(2022/C 222/68)
Language of the case: Italian
The President of the Fifth Chamber has ordered that the case be removed from the register.


(1)  OJ C 462, 15.11.2021.