do-me/EUR-LEX huggingface dataset:
Case T-750/20: Judgment of the General Court of 27 April 2022 — Correia v EESC (Civil service — EESC staff — Members of the temporary staff — Request for career reconstitution — Rejection of the request — Action for annulment — Proper conduct of the pre-litigation procedure — Time limit for lodging a complaint — Interest in bringing proceedings — Admissibility — Equal treatment — Legal certainty — Entitlement to reasonable career prospects — Absence of a right to career constitution — Obligation to carry out a consideration of the comparative merits — Liability — Non-material damage)
Date: 2022-04-27
Institutions: General Court
Subjects: damages, equal treatment, principle of legal certainty, promotion, reassignment, servant (EU), staff regulations (EU)








C_2022237EN.01004801.xml










20.6.2022   


EN


Official Journal of the European Union


C 237/48






Judgment of the General Court of 27 April 2022 — Correia v EESC
(Case T-750/20) (1)

(Civil service - EESC staff - Members of the temporary staff - Request for career reconstitution - Rejection of the request - Action for annulment - Proper conduct of the pre-litigation procedure - Time limit for lodging a complaint - Interest in bringing proceedings - Admissibility - Equal treatment - Legal certainty - Entitlement to reasonable career prospects - Absence of a right to career constitution - Obligation to carry out a consideration of the comparative merits - Liability - Non-material damage)
(2022/C 237/60)
Language of the case: French

Parties


Applicant: Paula Correia (Woluwe-Saint-Étienne, Belgium) (represented by: L. Levi, lawyer)

Defendant: European Economic and Social Committee (represented by: M. Pascua Mateo, K. Gambino, X. Chamodraka, A. Carvajal García-Valdecasas and L. Camarena Januzec, acting as Agents, and by B. Wägenbaur, lawyer)

Re:

By her action based on Article 270 TFEU, the applicant seeks, first, the annulment of the decision of the European Economic and Social Committee (EESC) of 8 April 2020 by which the EESC rejected her request for career reconstitution, second, an order that the EESC pay remuneration arrears and derived financial benefits, together with late payment interest and, third, compensation for the non-material damage that she claims to have suffered.

Operative part of the judgment

The Court:






1.


Annuls the decision of the European Economic and Social Committee (EESC) of 8 April 2020 rejecting Ms Paula Correia’s request for career constitution;










2.


Dismisses the action as to the remainder;










3.


Orders the EESC to pay the costs.






(1)  OJ C 53, 15.2.2021.
Case T-392/20: Judgment of the General Court of 27 April 2022 — Flašker v Commission (State aid — Measures granted by Slovenia to a municipal network of dispensing pharmacies — Preliminary examination phase — Decision of the Commission finding no State aid and, possibly, that there is existing aid — Decision adopted without initiating the formal investigation procedure under Article 108(2) TFEU — Serious difficulties)
Date: 2022-04-27
Institutions: General Court
Subjects: Slovenia, State aid, control of State aid, pharmacy, services of general interest








C_2022237EN.01004701.xml










20.6.2022   


EN


Official Journal of the European Union


C 237/47






Judgment of the General Court of 27 April 2022 — Flašker v Commission
(Case T-392/20) (1)

(State aid - Measures granted by Slovenia to a municipal network of dispensing pharmacies - Preliminary examination phase - Decision of the Commission finding no State aid and, possibly, that there is existing aid - Decision adopted without initiating the formal investigation procedure under Article 108(2) TFEU - Serious difficulties)
(2022/C 237/58)
Language of the case: English

Parties


Applicant: Petra Flašker (Grosuplje, Slovenia) (represented by: K. Zdolšek, lawyer)

Defendant: European Commission (represented by: P. Arenas and C. Georgieva, acting as Agents)

Intervener in support of the defendant: Republic of Slovenia (represented by: B. Jovin Hrastnik, acting as Agent)

Re:

By her action based on Article 263 TFEU, the applicant seeks the annulment of Commission Decision C(2020) 1724 final of 24 March 2020 closing the examination of measures concerning the public pharmacy Lekarna Ljubljana in the light of the State aid rules in Articles 107 and 108 TFEU (Case SA.43546 (2016/FC) — Slovenia).

Operative part of the judgment

The Court:






1.


Annuls Commission Decision C(2020) 1724 final of 24 March 2020 closing the examination of measures concerning the public pharmacy Lekarna Ljubljana in the light of the State aid rules in Articles 107 and 108 TFEU (Case SA.43546 (2016/FC) — Slovenia) in so far as it concerns the assets under management of Lekarna Ljubljana;










2.


Orders the European Commission to bear its own costs and to pay those of Petra Flašker;










3.


Orders the Republic of Slovenia to bear its own costs.






(1)  OJ C 297, 7.9.2020.
Case T-112/21: Judgment of the General Court of 27 April 2022 — Numbi v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territories of the Member States — Retention of the applicant’s name on the lists of persons covered — 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)
Date: 2022-04-27
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, arms control, arms trade, economic sanctions, international sanctions, natural person, rights of the defence








C_2022244EN.01003302.xml










27.6.2022   


EN


Official Journal of the European Union


C 244/33






Judgment of the General Court of 27 April 2022 — Numbi v Council
(Case T-112/21) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Restriction on admission to the territories of the Member States - Retention of the applicant’s name on the lists of persons covered - 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)
(2022/C 244/44)
Language of the case: French

Parties


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

Re:

By his action under Article 263 TFEU, the applicant seeks the annulment, first, of Council Decision (CFSP) 2020/2033 of 10 December 2020 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2020 L 419, p. 30) and, second, of Council Implementing Regulation (EU) 2020/2021 of 10 December 2020 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 2020 L 419, p. 5), in so far as those acts concern him.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr John Numbi to pay the costs.






(1)  OJ C 128, 12.4.2021.
Case T-104/21: Judgment of the General Court of 27 April 2022 — Kande Mupompa v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territories of the Member States — Retention of the applicant’s name on the lists of persons covered — 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)
Date: 2022-04-27
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, arms control, arms trade, economic sanctions, international sanctions, natural person, rights of the defence








C_2022244EN.01002901.xml










27.6.2022   


EN


Official Journal of the European Union


C 244/29






Judgment of the General Court of 27 April 2022 — Kande Mupompa v Council
(Case T-104/21) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Restriction on admission to the territories of the Member States - Retention of the applicant’s name on the lists of persons covered - 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)
(2022/C 244/37)
Language of the case: French

Parties


Applicant: Alex Kande Mupompa (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: S. Lejeune, acting as Agent)

Re:

By his action under Article 263 TFEU, the applicant seeks the annulment, first, of Council Decision (CFSP) 2020/2033 of 10 December 2020 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2020 L 419, p. 30) and, second, of Council Implementing Regulation (EU) 2020/2021 of 10 December 2020 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 2020 L 419, p. 5), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Alex Kande Mupompa to pay the costs.






(1)  OJ C 128, 12.4.2021.
Case T-105/21: Judgment of the General Court of 27 April 2022 — Kanyama v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territories of the Member States — Retention of the applicant’s name on the lists of persons covered — 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)
Date: 2022-04-27
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, arms control, arms trade, economic sanctions, international sanctions, natural person, rights of the defence








C_2022244EN.01002902.xml










27.6.2022   


EN


Official Journal of the European Union


C 244/29






Judgment of the General Court of 27 April 2022 — Kanyama v Council
(Case T-105/21) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Restriction on admission to the territories of the Member States - Retention of the applicant’s name on the lists of persons covered - 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)
(2022/C 244/38)
Language of the case: French

Parties


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

Re:

By his action under Article 263 TFEU, the applicant seeks the annulment, first, of Council Decision (CFSP) 2020/2033 of 10 December 2020 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2020 L 419, p. 30) and, second, of Council Implementing Regulation (EU) 2020/2021 of 10 December 2020 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 2020 L 419, p. 5), in so far as those acts concern him.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Célestin Kanyama to pay the costs.






(1)  OJ C 128, 12.4.2021.
Joined Cases T-710/21, T-722/21 and T-723/21: Judgment of the General Court of 27 April 2022 — Roos and Others v Parliament (Public health — Requirement to present a valid EU digital COVID-19 certificate to access the Parliament’s buildings — Legal basis — Freedom and independence of Members of the European Parliament — Obligation to ensure the health of staff in the service of the European Union — Parliamentary immunity — Processing of personal data — Right to respect for private life — Right to physical integrity — Right to security — Equal treatment — Proportionality)
Date: 2022-04-27
Institutions: General Court
Subjects: Member of the European Parliament, coronavirus disease, disease prevention, health certificate, health control, parliamentary immunity, personal data, principle of proportionality, protection of privacy, right to physical integrity








C_2022266EN.01002501.xml










11.7.2022   


EN


Official Journal of the European Union


C 266/25






Judgment of the General Court of 27 April 2022 — Roos and Others v Parliament
(Joined Cases T-710/21, T-722/21 and T-723/21) (1)

(Public health - Requirement to present a valid EU digital COVID-19 certificate to access the Parliament’s buildings - Legal basis - Freedom and independence of Members of the European Parliament - Obligation to ensure the health of staff in the service of the European Union - Parliamentary immunity - Processing of personal data - Right to respect for private life - Right to physical integrity - Right to security - Equal treatment - Proportionality)
(2022/C 266/29)
Language of the case: French

Parties


Applicants: Robert Roos and 17 other applicants whose names appear in the annex to the judgment (represented by: P. de Bandt, M. Gherghinaru, L. Panepinto and V. Heinen, lawyers)

Defendant: European Parliament (represented by: S. Alves and A.-M. Dumbrăvan, acting as Agents)

Re:

By their actions under Article 263 TFEU, the applicants, who are all elected Members of the European Parliament for the 2019-2024 term, seek the annulment of the Parliament Bureau Decision of 27 October 2021 on exceptional health and safety rules for access to the Parliament’s buildings at its three places of work.

Operative part of the judgment

The Court:






1.


Dismisses the actions;










2.


Orders Robert Roos and the other applicants whose names appear in the annex to pay the costs, including those relating to the proceedings for interim measures.






(1)  OJ C 11, 10.1.2022.
Case T-106/21: Judgment of the General Court of 27 April 2022 — Kazembe Musonda v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territories of the Member States — Retention of the applicant’s name on the lists of persons covered — 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)
Date: 2022-04-27
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, arms control, arms trade, economic sanctions, international sanctions, natural person, rights of the defence








C_2022244EN.01003001.xml










27.6.2022   


EN


Official Journal of the European Union


C 244/30






Judgment of the General Court of 27 April 2022 — Kazembe Musonda v Council
(Case T-106/21) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Restriction on admission to the territories of the Member States - Retention of the applicant’s name on the lists of persons covered - 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)
(2022/C 244/39)
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: S. Lejeune, acting as Agent)

Re:

By his action under Article 263 TFEU, the applicant seeks the annulment, first, of Council Decision (CFSP) 2020/2033 of 10 December 2020 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2020 L 419, p. 30) and, second, of Council Implementing Regulation (EU) 2020/2021 of 10 December 2020 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 2020 L 419, p. 5), in so far as those acts concern him.

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 128, 12.4.2021.
Case T-68/21: Judgment of the General Court of 27 April 2022 — QA v Commission (Non-contractual liability — Grant agreement concluded in the context of the Seventh framework programme for research, technological development and demonstration activities (2007 to 2013) — Audit report — Language — Sufficiently serious breach of a rule of law conferring rights on individuals — Proportionality — Principle of good administration)
Date: 2022-04-27
Institutions: General Court
Subjects: Framework Programme for Research and Development, audit, damages, financial aid, principle of proportionality








C_2022237EN.01004901.xml










20.6.2022   


EN


Official Journal of the European Union


C 237/49






Judgment of the General Court of 27 April 2022 — QA v Commission
(Case T-68/21) (1)

(Non-contractual liability - Grant agreement concluded in the context of the Seventh framework programme for research, technological development and demonstration activities (2007 to 2013) - Audit report - Language - Sufficiently serious breach of a rule of law conferring rights on individuals - Proportionality - Principle of good administration)
(2022/C 237/61)
Language of the case: French

Parties


Applicant: QA (represented by: C. Roth, lawyer)

Defendant: European Commission (represented by: C. Perrin and E. Stamate, acting as Agents)

Re:

By her action based on Article 268 TFEU, the applicant seeks compensation for the material and non-material damage which she claims to have suffered as a result of certain comments in the final audit report of 8 January 2014 adopted by the European Commission following the financial audit carried out regarding A’s participation in project B which was funded in the context of the Seventh framework programme for research, technological development and demonstration activities (2007 to 2013).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders QA to pay the costs.






(1)  OJ C 138, 19.4.2021.
Case C-2/22: Order of the President of the Court of 27 April 2022 (request for a preliminary ruling from the Landgericht Erfurt — Germany) — HK v Allianz Lebensversicherungs AG
Date: 2022-04-27
Institutions: Court of Justice
Subjects: appeal, consumer information, insurance indemnity, life assurance








C_2022368EN.01002004.xml










26.9.2022   


EN


Official Journal of the European Union


C 368/20






Order of the President of the Court of 27 April 2022 (request for a preliminary ruling from the Landgericht Erfurt — Germany) — HK v Allianz Lebensversicherungs AG
(Case C-2/22) (1)

(2022/C 368/35)
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 148, 4.4.2022.
Case T-227/22: Action brought on 27 April 2022 — Cylus Cyber Security v EUIPO — Cylance (CYLUS)
Date: 2022-04-27
Institutions: General Court
Subjects: EU trade mark, carrier, data processing, information security, rail transport, registered trade mark, security services, software, trade-mark law, underground railway








C_2022244EN.01003902.xml










27.6.2022   


EN


Official Journal of the European Union


C 244/39






Action brought on 27 April 2022 — Cylus Cyber Security v EUIPO — Cylance (CYLUS)
(Case T-227/22)
(2022/C 244/53)
Language in which the application was lodged: English

Parties


Applicant: Cylus Cyber Security Ltd (Tel Aviv, Israel) (represented by: S. Bailey, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Cylance, Inc. (Irvine, California, United States)

Details of the proceedings before EUIPO


Applicant: Applicant before the General Court

Trade mark at issue: Application for European Union word mark CYLUS — Application for registration No 17 801 952

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 21 February 2022 in Case R 692/2022-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.