do-me/EUR-LEX huggingface dataset:
Case T-361/22: Action brought on 17 June 2022 — Timchenko v Council
Date: 2022-06-17
Institutions: General Court
Subjects: EU restrictive measure, Russia, Russo-Ukrainian issue, Ukraine, economic sanctions, fundamental rights, international sanctions, natural person, principle of proportionality, right to justice, territorial dispute








C_2022303EN.01005301.xml










8.8.2022   


EN


Official Journal of the European Union


C 303/53






Action brought on 17 June 2022 — Timchenko v Council
(Case T-361/22)
(2022/C 303/68)
Language of the case: French

Parties


Applicant: Elena Petrovna Timchenko (Cologny, Switzerland) (represented by: T. Bontinck, S. Bonifassi and E. Fedorova, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


annul Council Decision (CFSP) 2022/582/CFSP (1) of 8 April 2022, in so far as it includes the applicant’s name at No 903 of the annex to that decision;










—


annul the Council Implementing Regulation (EU) 2022/581 (2) of 8 April 2022, in so far as it includes the applicant’s name at No 903 of the annex to that decision;










—


order the Council to pay provisional damages of EUR 1 000 000 for the non-material harm suffered by the applicant;










—


order the Council to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea, alleging infringement of the right to effective judicial protection and of the obligation of the administration to give reasons.










2.


Second plea, alleging manifest error of assessment as regards the grounds given by the Council.










3.


Third plea, alleging infringement of the principle of proportionality, infringement of fundamental rights as regards the adoption of restrictive measures against the applicant, and unjustified interference with her fundamental rights, which are guaranteed by the Charter of Fundamental Rights of the European Union.










4.


Fourth plea, alleging infringement of the Treaties.






(1)  Council Decision (CFSP) 2022/582 of 8 April 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2022 L 110, p. 55).

(2)  Council Implementing Regulation (EU) 2022/581 of 8 April 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2022 L 110, p. 3).
Commission Regulation (EU) 2022/943 of 17 June 2022 correcting certain language versions of Annex I to Regulation (EC) No 2195/2002 of the European Parliament and of the Council on the Common Procurement Vocabulary (CPV) (Text with EEA relevance)
Date: 2022-06-17
Institutions: Directorate-General for Translation, European Commission
Subjects: administrative transparency, dictionary, public contract, single market, standardisation, statistical nomenclature, terminology








L_2022164EN.01000601.xml










20.6.2022   


EN


Official Journal of the European Union


L 164/6








            COMMISSION REGULATION (EU) 2022/943
of 17 June 2022
         
correcting certain language versions of Annex I to Regulation (EC) No 2195/2002 of the European Parliament and of the Council on the Common Procurement Vocabulary (CPV)
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EC) No 2195/2002 of the European Parliament and of the Council of 5 November 2002 on the Common Procurement Vocabulary (CPV) (1), and in particular Article 2 thereof,

Whereas:







(1)


The Croatian and Estonian language versions of Regulation (EC) No 2195/2002 contain an error in Annex I, in the table ‘Main Vocabulary’, second column as regards the Common Procurement Vocabulary (CPV) code 79530000-8.












(2)


The Croatian and Estonian language versions of Annex I to Regulation (EC) No 2195/2002 should therefore be corrected accordingly. The other language versions are not affected.












(3)


The measures provided for in this Regulation are in accordance with the opinion of the Advisory Committee for Public Contracts,





HAS ADOPTED THIS REGULATION:



Article 1

(does not concern the English language)



Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 June 2022.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 340, 16.12.2002, p. 1.
Case T-366/22: Action brought on 17 June 2022 — Ryanair v Commission
Date: 2022-06-17
Institutions: General Court
Subjects: Germany, State aid, airline, control of State aid, coronavirus disease, epidemic, equal treatment, freedom to provide services, principle of proportionality, right of establishment








C_2022311EN.01001601.xml










16.8.2022   


EN


Official Journal of the European Union


C 311/16






Action brought on 17 June 2022 — Ryanair v Commission
(Case T-366/22)
(2022/C 311/19)
Language of the case: English

Parties


Applicant: Ryanair DAC (Swords, Ireland) (represented by: E. Vahida, S. Rating and I.-G. Metaxas-Maranghidis, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the European Commission’s decision (EU) of 26 July 2021 on State aid SA. 56867 (2020/N, ex 2020/PN) — Germany — Compensation for the damage caused by the COVID-19 outbreak to Condor Flugdienst GmbH (1); and










—


order the European Commission to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea in law, alleging that the Commission misapplied Article 107(2)(b) TFEU and committed manifest errors of assessment in its review of the proportionality of the aid to the damage caused by the COVID-19 pandemic.










2.


Second plea in law, alleging that the Decision violates specific provisions of the TFEU and the general principles of European law that have underpinned the liberalisation of air transport in the EU since the late 1980s, i.e., non-discrimination, the free provision of services and free establishment, and Regulation 1008/2008 (2).










3.


Third plea in law, alleging that the Commission failed to initiate a formal investigation procedure despite serious difficulties and violated the Applicant’s procedural rights.










4.


Fourth plea in law, alleging that the Commission violated its duty to state reasons.






(1)  OJ 2022, C/177, p. 1.

(2)  Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008, on common rules for the operation of air services in the Community (Recast), OJ 2008, L 293, p. 3.
Case C-403/22 P: Appeal brought on 17 June 2022 by SAS Cargo Group A/S, Scandinavian Airlines System Denmark-Norway-Sweden, SAS AB against the judgment of the General Court (Fourth Chamber, Extended Composition) delivered on 30 March 2022 in Case T-324/17, SAS Cargo Group e.a. v Commission
Date: 2022-06-17
Institutions: Court of Justice
Subjects: air transport, carriage of goods, cartel, control of restrictive practices, international transport, price agreement, rights of the defence, sanction (EU)








C_2022303EN.01003201.xml










8.8.2022   


EN


Official Journal of the European Union


C 303/32






Appeal brought on 17 June 2022 by SAS Cargo Group A/S, Scandinavian Airlines System Denmark-Norway-Sweden, SAS AB against the judgment of the General Court (Fourth Chamber, Extended Composition) delivered on 30 March 2022 in Case T-324/17, SAS Cargo Group e.a. v Commission
(Case C-403/22 P)
(2022/C 303/39)
Language of the case: English

Parties


Appellants: SAS Cargo Group A/S, Scandinavian Airlines System Denmark-Norway-Sweden, SAS AB (represented by: B. Creve and M. Kofmann, advokater, and J. Killick and G. Forwood, avocats)

Other party to the proceedings: European Commission

Form of order sought

The appellants claim that the Court should:






—


set aside the judgment under appeal insofar as it dismissed the appellants’ action for annulment;










—


annul in whole or in part the Commission Decision C(2017) 1742 final of 17 March 2017 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case AT.39258 — Airfreight) insofar as it relates to the appellants;










—


cancel or substantially reduce the fine imposed;










—


in the alternative, refer the matter back to the General Court for determination in accordance with the judgment of the Court of Justice; and










—


order the Commission to pay the costs of the appeal and the proceedings before the General Court.





Pleas in law and main arguments

In support of the action, the appellants rely on five grounds of appeal.
First ground of appeal, alleging errors of law regarding infringement of the rights of defence and right of access to file by failing to give access to inculpatory and exculpatory evidence.
Second ground of appeal, alleging errors of law regarding the right to be heard with regard to the qualified effects test and inbound routes.
Third ground of appeal, alleging errors of law regarding the application of the qualified effects test.
Fourth ground of appeal, alleging errors of law regarding the single and continuous infringement.
Fifth ground of appeal, alleging errors of law regarding the General Court’s exercise of its unlimited jurisdiction to determine the fine.
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
Date: 2022-06-17
Institutions: European Commission
Subjects: Denmark, Ireland, State aid, control of State aid








C_2022235EN.01001101.xml










17.6.2022   


EN


Official Journal of the European Union


C 235/11






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
(2022/C 235/02)






Date of adoption of the decision


12.5.2022




Aid number


SA.101092




Member State


Denmark




Region


Denmark




Title (title and/or name of the beneficiary)


Compensation to vessel owners for the loss of income in the first quarter of 2021 due to Brexit (Danish title: Kompensation til ejere af fiskefartøjer for indkomststab i første kvartal af 2021 som følge af brexit)




Legal basis


Bekendtgørelse om kompensation til ejere af fiskefartøjer for indkomststab i første kvartal af 2021, som følge af brexit (Order on compensation to owners of fishing vessels for loss of income in the first quarter of 2021 due to Brexit)




Type of measure


Scheme




Objective


Fisheries and aquaculture, Other measures (Fisheries Guidelines point 5.7)




Form of aid


Direct grant




Budget


Overall budget: 25 000 000  DKK
Annual budget: 25 000 000  DKK




Intensity


100,0  %




Duration


Until 31.12.2023




Economic sectors


Marine fishing




Name and address of the granting authority







Danish Fisheries Agency




Nyropsgade 30, 1780 Copenhagen








Other information


 




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
https://ec.europa.eu/competition/elojade/isef/index.cfm






Date of adoption of the decision


10.5.2022




Aid number


SA.102249




Member State


Ireland




Region


 




Title (title and/or name of the beneficiary)


Brexit Processing Capital Support Scheme




Legal basis


Brexit Processing Capital Support Scheme




Type of measure


Scheme




Objective


Fisheries and aquaculture, Aid for categories of measures covered by block exemption (FIBER, GBER)




Form of aid


Direct grant




Budget


Overall budget: 45 000 000  EUR
Annual budget: 45 000 000  EUR




Intensity


50,0  %




Duration


Until 31.12.2023




Economic sectors


Processing and preserving of fish, crustaceans and molluscs




Name and address of the granting authority







Bord Iascaigh Mhara




Crofton Road, Dunlaoghaire, County Dublin, Ireland








Other information


 




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
https://ec.europa.eu/competition/elojade/isef/index.cfm
Non-opposition to a notified concentration (Case M.10431 – ALI GROUP / WELBILT) (Text with EEA relevance) 2022/C 469/02
Date: 2022-06-17
Institutions: Directorate-General for Competition, European Commission
Subjects: catering industry, economic concentration, electrical engineering, household article, merger control, provision of services








C_2022469EN.01001601.xml










9.12.2022   


EN


Official Journal of the European Union


C 469/16






Non-opposition to a notified concentration
(Case M.10431 – ALI GROUP / WELBILT)
(Text with EEA relevance)
(2022/C 469/02)
On 17 June 2022, 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) in conjunction with Article 6(2) 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 32022M10431. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.
Prior notification of a concentration (Case M.10560 - SIKA / MBCC GROUP) (Text with EEA relevance) 2022/C 234/05
Date: 2022-06-17
Institutions: Directorate-General for Competition, European Commission
Subjects: building materials, chemical industry, economic concentration, merger control








C_2022234EN.01000501.xml










17.6.2022   


EN


Official Journal of the European Union


C 234/5






Prior notification of a concentration
(Case M.10560 - SIKA / MBCC GROUP)
(Text with EEA relevance)
(2022/C 234/05)

1.   
On 7 June 2022, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Sika International AG (‘Sika’, Swizerland), a 100 % subsidiary of SIKA AG (‘Sika AG’, Swizerland);










—


LSF11 Skyscraper Holdco S.à.r.l. (‘MBCC’, Luxembourg), the ultimative parent company of the MBCC Group.




Sika will acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of MBCC.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are the following:






—


for Sika: group active in the development, production and supply of chemical admixtures, mortars, sealants and adhesives, damping and reinforcing materials, structural strengthening systems, industrial flooring as well as roofing and waterproofing systems which are used in the building sector and by manufacturing industries, at global level,










—


for MBCC: group composed of two business units active at global level namely (i) ‘chemical admixtures’, which provides solutions for customers in the concrete manufacturing, cement and underground construction industries, and (ii) ‘construction systems’, which offers solutions to protect and repair buildings and structures.






3.   

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.



4.   
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:
M.10560 - SIKA / MBCC GROUP
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu
Fax +32 22964301
Postal address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË







(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).
Case C-405/22 P: Appeal brought on 17 June 2022 by Mandelay Magyarország Kereskedelmi Kft. (Mandelay Kft.) against the order of the General Court (Ninth Chamber) delivered on 6 April 2022 in Case T-516/20, Mandelay v EUIPO — Qx World
Date: 2022-06-17
Institutions: Court of Justice
Subjects: EU trade mark, medical device, registered trade mark, trade-mark law








C_2022482EN.01000301.xml










19.12.2022   


EN


Official Journal of the European Union


C 482/3






Appeal brought on 17 June 2022 by Mandelay Magyarország Kereskedelmi Kft. (Mandelay Kft.) against the order of the General Court (Ninth Chamber) delivered on 6 April 2022 in Case T-516/20, Mandelay v EUIPO — Qx World
(Case C-405/22 P)
(2022/C 482/04)
Language of the case: English

Parties


Appellant: Mandelay Magyarország Kereskedelmi Kft. (Mandelay Kft.) (represented by: V. Luszcz, C. Sár and E. Ulviczki, ügyvédek)

Other parties to the proceedings: European Union Intellectual Property Office
By order of 8 November 2022, the Court of Justice (Chamber determining whether appeals may proceed) held that the appeal was not allowed to proceed and that Mandelay Kft. should bear its own costs.
Council Decision (EU) 2022/1311 of 17 June 2022 authorising the opening of negotiations with the Kingdom of Norway to amend the Agreement between the European Union and the Kingdom of Norway on administrative cooperation, combating fraud and recovery of claims in the field of value added tax
Date: 2022-06-17
Institutions: Council of the European Union
Subjects: European Economic Area, European tax cooperation, Norway, VAT, administrative cooperation, cooperation agreement (EU), fraud, negotiation of an agreement (EU), revision of an agreement, tax offence








L_2022198EN.01001401.xml










27.7.2022   


EN


Official Journal of the European Union


L 198/14








            COUNCIL DECISION (EU) 2022/1311
of 17 June 2022
         
authorising the opening of negotiations with the Kingdom of Norway to amend the Agreement between the European Union and the Kingdom of Norway on administrative cooperation, combating fraud and recovery of claims in the field of value added tax


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 113, in conjunction with Article 218(3) and (4) thereof,


Having regard to the recommendation from the European Commission,

Whereas:







(1)


The cooperation framework under the Agreement between the European Union and the Kingdom of Norway on administrative cooperation, combating fraud and recovery of claims in the field of value added tax (1) (the ‘Agreement’) has shown very positive results, as demonstrated at the second meeting of the Joint Committee established by the Agreement, held in Oslo on 25 November 2021.












(2)


The Member States would benefit from more effective administrative cooperation with Norway if such cooperation were to be strengthened through the addition of new tools, in particular as regards Eurofisc follow-up actions.












(3)


Negotiations should be opened between the Union and the Kingdom of Norway with a view to amending the Agreement.












(4)


This Decision is also the basis for the positions to be adopted on the Union’s behalf in the Joint Committee established by the Agreement for the purposes of the procedure laid down in Article 41(5) thereof and in accordance with the negotiating directives of the Council set out in the addendum to this Decision,





HAS ADOPTED THIS DECISION:



Article 1
The Commission is hereby authorised to open negotiations, on behalf of the Union, with the Kingdom of Norway to amend the Agreement between the European Union and the Kingdom of Norway on administrative cooperation, combating fraud and recovery of claims in the field of value added tax.


Article 2
The negotiations shall be conducted on the basis of the negotiating directives of the Council set out in the addendum to this Decision.


Article 3
The negotiations shall be conducted in consultation with the Council Working Party on Tax Questions.


Article 4
This Decision is addressed to the Commission.




Done at Luxembourg, 17 June 2022.


For the Council


The President

B. LE MAIRE
            





(1)  
            OJ L 195, 1.8.2018, p. 3.
Non-opposition to a notified concentration (Case M.10624 – ENEL / INTESA / JV) (Text with EEA relevance) 2022/C 288/03
Date: 2022-06-17
Institutions: Directorate-General for Competition, European Commission
Subjects: banking, economic concentration, electrical energy, energy industry, merger control, natural gas, payment system, provision of services, retail trade








C_2022288EN.01003301.xml










29.7.2022   


EN


Official Journal of the European Union


C 288/33






Non-opposition to a notified concentration
(Case M.10624 – ENEL / INTESA / JV)
(Text with EEA relevance)
(2022/C 288/03)
On 17 June 2022, 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 Italian language 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 32022M10624. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.