do-me/EUR-LEX huggingface dataset:
Case T-88/21: Judgment of the General Court of 12 October 2022 — Paesen v EEAS (Civil service — Official — EEAS staff posted to a third country — Head of delegation — Management trial period — Final assessment report of the management trial period — Act not adversely affecting an official — Inadmissibility — Re-assignment to a non-managerial post at EEAS headquarters — Obligation to state reasons — Right to be heard — Conditions for the application of Article 11 of Commission Decision C (2008) 5028/2 of 9 September 2008 on middle management staff to heads of delegation — Failure to include documents in the personal file — Interests of the service — Misuse of powers — Request for assistance — Decision rejecting the request — Liability)
Date: 2022-10-12
Institutions: General Court
Subjects: European official, Union delegation, abuse of power, damages, demotion, manager, posted worker, probationary period, rights of the defence, staff assessment








C_2022463EN.01002701.xml










5.12.2022   


EN


Official Journal of the European Union


C 463/27






Judgment of the General Court of 12 October 2022 — Paesen v EEAS
(Case T-88/21) (1)

(Civil service - Official - EEAS staff posted to a third country - Head of delegation - Management trial period - Final assessment report of the management trial period - Act not adversely affecting an official - Inadmissibility - Re-assignment to a non-managerial post at EEAS headquarters - Obligation to state reasons - Right to be heard - Conditions for the application of Article 11 of Commission Decision C (2008) 5028/2 of 9 September 2008 on middle management staff to heads of delegation - Failure to include documents in the personal file - Interests of the service - Misuse of powers - Request for assistance - Decision rejecting the request - Liability)
(2022/C 463/36)
Language of the case: French

Parties


Applicant: Sandra Paesen (Beersel, Belgium) (represented by: M. Casado García-Hirschfeld, lawyer)

Defendant: European External Action Service (represented by: S. Marquardt and R. Spáč, acting as Agents)

Re:

By her action under Article 270 TFEU, the applicant seeks, first, annulment of (i) the final assessment report of her management trial period, (ii) the decision of the European External Action Service (EEAS) dated 10 April 2020 re-assigning her to a non-managerial post and (iii) the decision of the EEAS dated 12 May 2020 rejecting her request for assistance, second, compensation for the material and non-material damage allegedly suffered by her.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Ms Sandra Paesen to pay the costs.






(1)  OJ C 138, 19.4.2021.
Case C-637/22 P: Appeal brought on 12 October 2022 by Luís Miguel Novais against the order of the General Court (Sixth Chamber) delivered on 2 August 2022 in Case T-376/22, Novais v Portugal
Date: 2022-10-12
Institutions: Court of Justice
Subjects: action for failure to act, higher court, jurisdiction








C_2023205EN.01002101.xml










12.6.2023   


EN


Official Journal of the European Union


C 205/21






Appeal brought on 12 October 2022 by Luís Miguel Novais against the order of the General Court (Sixth Chamber) delivered on 2 August 2022 in Case T-376/22, Novais v Portugal
(Case C-637/22 P)
(2023/C 205/24)
Language of the case: Portuguese

Parties


Appellant: Luís Miguel Novais (represented by: Á. Oliveira and C. Almeida Lopes, advogados)

Other party to the proceedings: Portuguese Republic
By order of 20 April 2023, the Court of Justice (Sixth Chamber) dismissed the appeal as manifestly inadmissible and ordered Luís Miguel Novais to bear his own costs.
Annual reports on the implementation of the EU budget and on the activities funded by the 8th, 9th, 10th and 11th European Development Funds for the 2021 financial year 2022/C 391/03
Date: 2022-10-12
Institutions: European Court of Auditors
Subjects: European Development Fund, audit, closing of accounts, financial management, general budget (EU), implementation of the budget








C_2022391EN.01000601.xml










12.10.2022   


EN


Official Journal of the European Union


C 391/6






Annual reports on the implementation of the EU budget and on the activities funded by the 8th, 9th, 10th and 11th European Development Funds for the 2021 financial year
(2022/C 391/03)
The European Court of Auditors will publish its annual reports for the 2021 financial year on the implementation of the EU budget and on the activities funded by the 8th, 9th, 10th and 11th European Development Funds, together with the institutions’ replies, on 13 October 2022.
The reports can be consulted directly or downloaded, from 00:01 on 13 October 2022, at the European Court of Auditors’ website:
https://www.eca.europa.eu/en/Pages/DocItem.aspx?did=61254
The following link to an overview of the annual reports and related documents will become active at the same time:
https://www.eca.europa.eu/en/Pages/AR2021.aspx
Case C-639/22: Request for a preliminary ruling from the Rechtbank Gelderland (Netherlands) lodged on 12 October 2022 — X v Inspecteur van de Belastingdienst Utrecht
Date: 2022-10-12
Institutions: Court of Justice
Subjects: financial risk, pension fund, tax exemption








C_2023035EN.01002401.xml










30.1.2023   


EN


Official Journal of the European Union


C 35/24






Request for a preliminary ruling from the Rechtbank Gelderland (Netherlands) lodged on 12 October 2022 — X v Inspecteur van de Belastingdienst Utrecht
(Case C-639/22)
(2023/C 35/28)
Language of the case: Dutch

Referring court

Rechtbank Gelderland

Parties to the main proceedings


Applicant: X

Defendant: Inspecteur van de Belastingdienst Utrecht

Question referred

Must Article 135(1)(g) of the VAT Directive (1) be interpreted as meaning that unit-holders in a pension fund such as the one at issue in the main proceedings can be regarded as bearing investment risk, and does this mean that the pension fund constitutes a ‘special investment fund’ within the meaning of that provision? Is it relevant in that regard:






—


whether unit-holders bear an individual investment risk or is it sufficient that unit-holders as a collective — and no one else — bear the consequences of the investment results?










—


what the magnitude of the collective or individual risk is?










—


to what extent the amount of the pension benefit depends also on other factors, such as the number of years of pension accrual, salary level and the actuarial interest rate?






(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).
Euro exchange rates (Source: reference exchange rate published by the ECB.) 11 October 2022 2022/C 391/01
Date: 2022-10-12
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2022391EN.01000101.xml










12.10.2022   


EN


Official Journal of the European Union


C 391/1






Euro exchange rates (1)

11 October 2022
(2022/C 391/01)

1 euro =











 


Currency


Exchange rate




USD


US dollar


0,9723 




JPY


Japanese yen


141,54 




DKK


Danish krone


7,4390 




GBP


Pound sterling


0,87703 




SEK


Swedish krona


11,0015 




CHF


Swiss franc


0,9675 




ISK


Iceland króna


140,70 




NOK


Norwegian krone


10,4235 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


24,535 




HUF


Hungarian forint


428,73 




PLN


Polish zloty


4,8690 




RON


Romanian leu


4,9394 




TRY


Turkish lira


18,0686 




AUD


Australian dollar


1,5450 




CAD


Canadian dollar


1,3402 




HKD


Hong Kong dollar


7,6325 




NZD


New Zealand dollar


1,7323 




SGD


Singapore dollar


1,3967 




KRW


South Korean won


1 392,84 




ZAR


South African rand


17,6153 




CNY


Chinese yuan renminbi


6,9669 




HRK


Croatian kuna


7,5293 




IDR


Indonesian rupiah


14 930,83 




MYR


Malaysian ringgit


4,5436 




PHP


Philippine peso


57,243 




RUB


Russian rouble


 




THB


Thai baht


37,030 




BRL


Brazilian real


5,0456 




MXN


Mexican peso


19,4115 




INR


Indian rupee


79,9555 






(1)  Source: reference exchange rate published by the ECB.
Case T-635/22: Action brought on 12 October 2022 — Fridman and Others v Council
Date: 2022-10-12
Institutions: General Court
Subjects: EU restrictive measure, Russia, Russo-Ukrainian issue, Ukraine, economic sanctions, international sanctions, natural person, territorial dispute, territorial law








C_2022451EN.01002101.xml










28.11.2022   


EN


Official Journal of the European Union


C 451/21






Action brought on 12 October 2022 — Fridman and Others v Council
(Case T-635/22)
(2022/C 451/25)
Language of the case: French

Parties


Applicants: Mikhail Fridman (London, United Kingdom), Petr Aven (Virginia Water, United Kingdom), German Khan (London) (represented by: T. Marembert and A. Bass, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicants claim that the Court should:






—


annul Council Regulation (EU) 2022/1273 of 21 July 2022 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (1) in so far as it concerns the applicants;
and










—


order the Council to pay the costs.





Pleas in law and main arguments

In support of the action, the applicants rely on two pleas in law.






1.


First plea in law, alleging lack of any legal basis. According to the applicants, the Council cannot impose any positive obligations, particularly where they are so burdensome, on the persons on which it imposes sanctions.










2.


Second plea in law, alleging lack of any legal basis and infringement of Articles 4, 5, 25 and 40 TEU and Articles 3, 4, 82, 83 and 215 TFEU. The applicants claim, in that connection, that, by requiring Member States to treat any deviation from the Council’s requirement to declare assets as a circumvention of sanctions, the Council, which is aware that the circumvention of sanctions is a criminal offence in 25 of the 27 Member States, has acted as a legislative authority in criminal matters.






(1)  OJ 2022 L 194, p. 1.