do-me/EUR-LEX huggingface dataset:
Case C-651/22: Action brought on 17 October 2022 — European Commission v Portuguese Republic
Date: 2022-10-17
Institutions: Court of Justice
Subjects: building, health risk, housing, infringement of EU law, ionising radiation, national implementing measure, occupational safety, radiation protection, safety standard








C_2022463EN.01002001.xml










5.12.2022   


EN


Official Journal of the European Union


C 463/20






Action brought on 17 October 2022 — European Commission v Portuguese Republic
(Case C-651/22)
(2022/C 463/27)
Language of the case: Portuguese

Parties


Applicant: European Commission (represented by: R. Tricot and B. Rechena, acting as Agents)

Defendant: Portuguese Republic

Form of order sought







—


declare that, by failing to adopt, by 6 February 2018 at the latest, the measures necessary to comply in full with Council Directive 2013/59/Euratom (1) of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom, and by failing to notify the Commission of those provisions, the Portuguese Republic has failed to fulfil its obligations under Article 106 of that directive.










—


order the Portuguese Republic pay the costs.





Pleas in law and main arguments

Council Directive 2013/59/Euratom of 5 December 2013 should have been transposed by 6 February 2018, and the Member States had to notify the Commission of the text of the main provisions of national law which they adopted in the field covered by that directive.
The deadline for transposition of the directive has already expired and, to date, the Commission has not been notified of its transposition in full, nor does it have any other information to enable it to conclude that the Portuguese Republic complied with the obligation to apply the necessary measures. In particular, the Portuguese Republic has still not established a national action plan concerning the long-term risks from radon exposures in dwellings, buildings with public access and workplaces for any source of radon ingress, whether from soil, building materials or water.
The Commission maintains that, by failing to adopt the laws, regulations or administrative provisions necessary to comply in full with Council Directive 2013/59/Euratom of 5 December 2013, transposing it into national law, and by not notifying the Commission of those provisions, the Portuguese Republic has failed to fulfil its obligations under Article 106 of that directive.


(1)  OJ 2014 L 13, p. 1.
Case C-650/22: Request for a preliminary ruling from the Cour d’appel de Mons (Belgium) lodged on 17 October 2022 — Federation Internationale de Football Association (FIFA) v BZ
Date: 2022-10-17
Institutions: Court of Justice
Subjects: indemnification, professional sport, sports body, termination of a contract








C_2023035EN.01002802.xml










30.1.2023   


EN


Official Journal of the European Union


C 35/28






Request for a preliminary ruling from the Cour d’appel de Mons (Belgium) lodged on 17 October 2022 — Federation Internationale de Football Association (FIFA) v BZ
(Case C-650/22)
(2023/C 35/34)
Language of the case: French

Referring court

Cour d’appel de Mons

Parties to the main proceedings


Applicant: Federation Internationale de Football Association (FIFA)

Defendant: BZ

Question referred

Are Articles 45 and 101 of the Treaty on the Functioning of the European Union to be interpreted as precluding:
the principle that the player and the club wishing to employ him are jointly and severally liable in respect of the compensation due to the club whose contract with the player has been terminated without just cause, as stipulated in Article 17.2 of the FIFA RSTP (Regulations on the Status and Transfer of Players), in conjunction with the sporting sanctions provided for in Article 17.4 of those regulations and the financial sanctions provided for in Article 17.1;
the ability of the association to which the player’s former club belongs not to deliver the international transfer certificate required if the player is to be employed by a new club, where there is a dispute between that former club and the player (Article 9.1 of the FIFA RSTP and Article 8.2.7 of Annex 3 to the FIFA RSTP)?
Taking of the oath by new Members of the General Court
Date: 2022-10-17
Institutions: General Court
Subjects: General Court (EU), appointment of members, member of the Court of Justice (EU)








C_2022398EN.01000201.xml










17.10.2022   


EN


Official Journal of the European Union


C 398/2






Taking of the oath by new Members of the General Court
(2022/C 398/02)
Following his appointment as Judge at the General Court of the European Union for the period from 1 September 2022 to 31 August 2028 by decision of the Representatives of the Governments of the Member States of the European Union of 27 April 2022 (1), Mr Goulielmos Valasidis took the oath before the Court of Justice on 15 September 2022.
Following his appointment as Judge at the General Court of the European Union for the period from 1 September 2022 to 31 August 2028 by decision of the Representatives of the Governments of the Member States of the European Union of 29 June 2022 (2), Mr Steven Verschuur took the oath before the Court of Justice on 15 September 2022.
Following her appointment as Judge at the General Court of the European Union for the period from 1 September 2022 to 31 August 2028 by decision of the Representatives of the Governments of the Member States of the European Union of 20 July 2022 (3), Ms Elisabeth Tichy-Fisslberger took the oath before the Court of Justice on 15 September 2022.


(1)  OJ L 126, 29.4.2022, p. 23.

(2)  OJ L 173, 30.6.2022, p. 77.

(3)  OJ L 198, 27.7.2022, p. 16.
Designation of a Judge to replace a Judge who is prevented from acting
Date: 2022-10-17
Institutions: General Court
Subjects: appointment of members, member of the Court of Justice (EU), president of an institution, rules of procedure, vice-president of an institution








C_2022398EN.01000702.xml










17.10.2022   


EN


Official Journal of the European Union


C 398/7






Designation of a Judge to replace a Judge who is prevented from acting
(2022/C 398/08)

1.   

At its plenum on 23 September 2022, the General Court decided that, from 23 September 2022, in cases in which a Judge is prevented from acting, referred to in the second sentence of Article 17(2), and the second sentence of Article 24(2), respectively, of the Rules of Procedure of the General Court, the President of the General Court shall replace the Judge prevented from acting.



2.   

If the President of the General Court is prevented from acting, he shall designate the Vice-President of the General Court to replace him, in accordance with Article 11(1) of the Rules of Procedure.



3.   

If the Vice-President of the General Court is prevented from acting, the President of the General Court shall designate the Judge to replace him, according to the order of precedence laid down in Article 8 of the Rules of Procedure, with the exception of the Presidents of Chambers.



4.   

If the Judge designated in accordance with paragraph 3 is prevented from acting and the case in which the Judge is prevented from acting is a civil service case, as defined in the decision of the General Court of 23 September 2022 on the criteria for assignment of cases to Chambers, or a case concerning intellectual property rights referred to in Title IV of the Rules of Procedure, the President of the General Court shall designate, following the order of precedence laid down in Article 8 of the Rules of Procedure, a Judge assigned to a Chamber examining the same type of cases as the Chamber to which the Judge prevented from acting belongs, in order to replace him.



5.   

In order to ensure a balanced distribution of the caseload, the President of the General Court shall be able to deviate from the order of precedence laid down in Article 8 of the Rules of Procedure, as referred to in paragraphs 3 and 4 of the present decision.
Council Decision (CFSP) 2022/1964 of 17 October 2022 amending Decision (CFSP) 2020/1515 establishing a European Security and Defence College
Date: 2022-10-17
Institutions: Council of the European Union
Subjects: European school, common security and defence policy, education, operation of the Institutions, vocational training




L_2022270EN.01006601.xml










18.10.2022   


EN


Official Journal of the European Union


L 270/66








            COUNCIL DECISION (CFSP) 2022/1964
of 17 October 2022
         
amending Decision (CFSP) 2020/1515 establishing a European Security and Defence College


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 28(1), 42(4) and 43(2) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 19 October 2020, the Council adopted Decision (CFSP) 2020/1515 (1).












(2)


A new financial reference amount for the period from 1 January 2023 to 31 December 2023 should be established.












(3)


Decision (CFSP) 2020/1515 should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Article 16 (2) of Decision (CFSP) 2020/1515 is replaced by the following:


‘2.   The financial reference amount intended to cover the expenditure of the ESDC during the period from 1 January 2023 to 31 December 2023 shall be EUR 2 417 423,89.
The financial reference amount to cover the expenditure of the ESDC for subsequent periods shall be decided by the Council.’.




Article 2
This Decision shall enter into force on the date of its adoption.




Done at Luxembourg, 17 October 2022.


For the Council


The President

J. BORRELL FONTELLES
            





(1)  Council Decision (CFSP) 2020/1515 of 19 October 2020 establishing a European Security and Defence College, and repealing Decision (CFSP) 2016/2382 (OJ L 348, 20.10.2020, p. 1).
Council Decision (CFSP) 2022/1969 of 17 October 2022 amending Decision (CFSP) 2020/489 appointing the European Union Special Representative for the Belgrade-Pristina Dialogue and other Western Balkan regional issues
Date: 2022-10-17
Institutions: Council of the European Union
Subjects: Kosovo, Kosovo question, Serbia, diplomatic representation, settlement of disputes, the EU's international role








L_2022270EN.01009201.xml










18.10.2022   


EN


Official Journal of the European Union


L 270/92








            COUNCIL DECISION (CFSP) 2022/1969
of 17 October 2022
         
amending Decision (CFSP) 2020/489 appointing the European Union Special Representative for the Belgrade-Pristina Dialogue and other Western Balkan regional issues


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 33 and Article 31(2) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 2 April 2020, the Council agreed to appoint a European Union Special Representative (EUSR) for the Belgrade-Pristina Dialogue and other Western Balkan regional issues.












(2)


On 2 April 2020, the Council adopted Decision (CFSP) 2020/489 (1) appointing Mr Miroslav LAJČÁK as the European Union Special Representative (the ‘EUSR’) for the Belgrade-Pristina Dialogue and other Western Balkan regional issues. The EUSR’s mandate has been successively extended, most recently by Council Decision (CFSP) 2022/1240 (2) and is due to expire on 31 August 2024.












(3)


Following the temporary transfer of certain tasks of EULEX Kosovo to the EUSR for the Belgrade-Pristina Dialogue and other Western Balkan regional issues, additional resources should be allocated to the EUSR. The financial reference amount should therefore be adapted accordingly,





HAS ADOPTED THIS DECISION:



Article 1
In Article 5(1) of Decision (CFSP) 2020/489, the third subparagraph is replaced by the following:


                  ‘The financial reference amount intended to cover the expenditure related to the EUSR's mandate for the period from 1 September 2022 to 31 August 2024 shall be EUR 5 200 000.’.



Article 2
This Decision shall enter into force on the date of its adoption.




Done at Luxembourg, 17 October 2022.


For the Council


The President

J. BORRELL FONTELLES
            





(1)  Council Decision (CFSP) 2020/489 of 2 April 2020 appointing the European Union Special Representative for the Belgrade-Pristina Dialogue and other Western Balkan regional issues (OJ L 105, 3.4.2020, p. 3).

(2)  Council Decision (CFSP) 2022/1240 of 18 July 2022 amending Decision (CFSP) 2020/489 appointing the European Union Special Representative for the Belgrade-Pristina Dialogue and other Western Balkan regional issues (OJ L 190, 19.7.2022, p. 131).
Election of the Vice-President of the General Court
Date: 2022-10-17
Institutions: General Court
Subjects: General Court (EU), appointment of members, member of the Court of Justice (EU), vice-president of an institution








C_2022398EN.01000203.xml










17.10.2022   


EN


Official Journal of the European Union


C 398/2






Election of the Vice-President of the General Court
(2022/C 398/04)
Meeting on 16 September 2022, the Judges of the General Court, in accordance with Article 9(4) of the Rules of Procedure, elected Mr Savvas Papasavvas Vice-President of the General Court for the period from 16 September 2022 to 31 August 2025.
Case T-55/22: Order of the General Court of 17 October 2022 — Swords v Commission and ECDC (Action for annulment — Public health — Measures introduced in the European Union in the fight against the spread of the COVID-19 pandemic — Risk assessment reports drawn up by the European Centre for Disease Prevention and Control (ECDC) — Acts not open to challenge — European Commission communication and coordinated approach published on the basis of the risk assessment reports drawn up by the ECDC — Plea of illegality — Inadmissibility)
Date: 2022-10-17
Institutions: General Court
Subjects: European Centre for Disease Prevention and Control, admissibility, coronavirus disease, disease prevention, epidemic, public health, risk management, scientific report








C_2023015EN.01004201.xml










16.1.2023   


EN


Official Journal of the European Union


C 15/42






Order of the General Court of 17 October 2022 — Swords v Commission and ECDC
(Case T-55/22) (1)

(Action for annulment - Public health - Measures introduced in the European Union in the fight against the spread of the COVID-19 pandemic - Risk assessment reports drawn up by the European Centre for Disease Prevention and Control (ECDC) - Acts not open to challenge - European Commission communication and coordinated approach published on the basis of the risk assessment reports drawn up by the ECDC - Plea of illegality - Inadmissibility)
(2023/C 15/55)
Language of the case: English

Parties


Applicant: Patrick Swords (Dublin, Ireland) (represented by G. Byrne, lawyer)

Defendants: European Commission (represented by A. Szmytkowska and F. van Schaik, acting as Agents), European Centre for Disease Prevention and Control (represented by R. Malacalza, M.-A. Ekström and E. Sinclair, acting as Agents)

Re:

By his action under Article 263 TFEU, the applicant seeks annulment of the risk assessment reports drawn up by the European Centre for Disease Prevention and Control (ECDC) in the context of the COVID-19 pandemic on 24 and 26 November and on 2 and 15 December 2021 and also the inapplicability, under Article 277 TFEU, of the Communication from the European Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, of 1 December 2021, entitled, ‘Addressing together current and new COVID-19 challenges’ (COM/2021/764 final) and the coordinated approach, as accepted by the Health Security Committee (HSC), published by the Commission on 8 December 2021, which were based on the contested scientific opinions.

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Mr Patrick Swords shall pay the costs.






(1)  OJ C 119, 14.3.2022.
Case C-648/22 P: Appeal brought on 17 October 2022 by SB against the judgment of the General Court (Eighth Chamber) delivered on 7 September 2022 in Case T-217/21, SB v eu-LISA
Date: 2022-10-17
Institutions: Court of Justice
Subjects: contract staff, dismissal, probationary period, rights of the defence, servant (EU)








C_2023134EN.01000203.xml










17.4.2023   


EN


Official Journal of the European Union


C 134/2






Appeal brought on 17 October 2022 by SB against the judgment of the General Court (Eighth Chamber) delivered on 7 September 2022 in Case T-217/21, SB v eu-LISA
(Case C-648/22 P)
(2023/C 134/04)
Language of the case: French

Parties


Appellant: SB (represented by: H. Tagaras, dikigoros)

Other party to the proceedings: European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA)
By order of 9 March 2023, the Court of Justice (Sixth Chamber) dismissed the appeal as, in part, manifestly inadmissible and, in part, manifestly unfounded and ordered the appellant to bear his own costs.
Case T-647/22: Action brought on 17 October 2022 — Puma v EUIPO — Handelsmaatschappij J. Van Hilst (Shoes)
Date: 2022-10-17
Institutions: General Court
Subjects: designs and models, footwear industry








C_2022463EN.01005901.xml










5.12.2022   


EN


Official Journal of the European Union


C 463/59






Action brought on 17 October 2022 — Puma v EUIPO — Handelsmaatschappij J. Van Hilst (Shoes)
(Case T-647/22)
(2022/C 463/87)
Language in which the application was lodged: English

Parties


Applicant: Puma SE (Herzogenaurach, Germany) (represented by: M. Schunke and P. Trieb, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Handelsmaatschappij J. Van Hilst (Waalwijck, Netherlands)

Details of the proceedings before EUIPO


Proprietor of the design at issue: Applicant before the General Court

Design at issue: Community design No 3 320 555-0002

Contested decision: Decision of the Third Board of Appeal of EUIPO of 11 August 2022 in Case R 726/2021-3

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs, including those incurred before the Board of Appeal.





Pleas in law







—


Infringement of Article 7(1) of Council Regulation (EC) No 6/2002;










—


Failure to take into account the breach of contractual obligations and bad faith.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 14 October 2022 2022/C 397/06
Date: 2022-10-17
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2022397EN.01000601.xml










17.10.2022   


EN


Official Journal of the European Union


C 397/6






Euro exchange rates (1)

14 October 2022
(2022/C 397/06)

1 euro =











 


Currency


Exchange rate




USD


US dollar


0,9717 




JPY


Japanese yen


143,63 




DKK


Danish krone


7,4378 




GBP


Pound sterling


0,86823 




SEK


Swedish krona


11,0035 




CHF


Swiss franc


0,9757 




ISK


Iceland króna


140,50 




NOK


Norwegian krone


10,3323 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


24,587 




HUF


Hungarian forint


418,24 




PLN


Polish zloty


4,8328 




RON


Romanian leu


4,9335 




TRY


Turkish lira


18,0614 




AUD


Australian dollar


1,5493 




CAD


Canadian dollar


1,3426 




HKD


Hong Kong dollar


7,6278 




NZD


New Zealand dollar


1,7302 




SGD


Singapore dollar


1,3852 




KRW


South Korean won


1 398,50 




ZAR


South African rand


17,6932 




CNY


Chinese yuan renminbi


6,9952 




HRK


Croatian kuna


7,5266 




IDR


Indonesian rupiah


15 031,50 




MYR


Malaysian ringgit


4,5689 




PHP


Philippine peso


57,375 




RUB


Russian rouble


 




THB


Thai baht


37,109 




BRL


Brazilian real


5,1177 




MXN


Mexican peso


19,5032 




INR


Indian rupee


79,9695 






(1)  Source: reference exchange rate published by the ECB.
Elections of Presidents of Chambers
Date: 2022-10-17
Institutions: General Court
Subjects: General Court (EU), appointment of members, member of the Court of Justice (EU)








C_2022398EN.01000301.xml










17.10.2022   


EN


Official Journal of the European Union


C 398/3






Elections of Presidents of Chambers
(2022/C 398/05)
On 19 September 2022, the General Court, in accordance with Article 9(3) and Article 18(1), of the Rules of Procedure, elected as Presidents of the Chamber sitting with three Judges and with five Judges for the period from 19 September 2022 to 31 August 2025:






—


Mr. Spielmann;










—


Ms Marcoulli;










—


Mr. Schalin;










—


Mr. da Silva Passos;










—


Mr. Svenningsen;










—


Ms Costeira;










—


Ms Kowalik-Bańczyk;










—


Mr. Kornezov;










—


Mr. Truchot;










—


Ms Porchia.
Non-opposition to a notified concentration (Case M.10923 – PLASTIC OMNIUM / HBPO) (Text with EEA relevance) 2022/C 423/02
Date: 2022-10-17
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electric vehicle, light-duty vehicle, merger control, motor vehicle industry, supplier, vehicle parts








C_2022423EN.01000701.xml










7.11.2022   


EN


Official Journal of the European Union


C 423/7






Non-opposition to a notified concentration
(Case M.10923 – PLASTIC OMNIUM / HBPO)
(Text with EEA relevance)
(2022/C 423/02)
On 17 October 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 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 32022M10923. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.