do-me/EUR-LEX huggingface dataset:
Case T-330/19: Judgment of the General Court of 7 December 2022 — PNB Banka v ECB (Economic and monetary policy — Prudential supervision of credit institutions — Article 22 of Directive 2013/36/EU — Opposition of the ECB to the acquisition of qualifying holdings in a credit institution — Starting point of the assessment period — Intervention by the ECB during the initial stage of the procedure — Criteria of financial stability of the proposed acquirer and compliance with prudential requirements — Existence of reasonable grounds for opposing the acquisition on the basis of one or more assessment criteria — Article 106 of the Rules of Procedure — Request for a hearing without a statement of reasons)
Date: 2022-12-07
Institutions: General Court
Subjects: EU banking union, bank, banking supervision, credit institution, financial stability, shareholding








C_2023035EN.01004602.xml










30.1.2023   


EN


Official Journal of the European Union


C 35/46






Judgment of the General Court of 7 December 2022 — PNB Banka v ECB
(Case T-330/19) (1)

(Economic and monetary policy - Prudential supervision of credit institutions - Article 22 of Directive 2013/36/EU - Opposition of the ECB to the acquisition of qualifying holdings in a credit institution - Starting point of the assessment period - Intervention by the ECB during the initial stage of the procedure - Criteria of financial stability of the proposed acquirer and compliance with prudential requirements - Existence of reasonable grounds for opposing the acquisition on the basis of one or more assessment criteria - Article 106 of the Rules of Procedure - Request for a hearing without a statement of reasons)
(2023/C 35/53)
Language of the case: English

Parties


Applicant: PNB Banka AS (Riga, Latvia) (represented by: O. Behrends, lawyer)

Defendant: European Central Bank (represented by: C. Hernández Saseta, F. Bonnard and V. Hümpfner, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: D. Triantafyllou, A. Nijenhuis and A. Steiblytė, acting as Agents)

Re:

By its action based on Article 263 TFEU, the applicant seeks annulment of the decision, notified by letter of 21 March 2019, by which the European Central Bank (ECB) decided to oppose the transaction consisting of the acquisition of qualifying holdings in B.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders PNB Banka AS to bear its own costs and to pay those incurred by the European Central Bank (ECB);










3.


Orders the European Commission to bear its own costs.






(1)  OJ C 270, 12.8.2019.
List of organisations recognised on the basis of Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations 2022/C 466/07
Date: 2022-12-07
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: directory, international standard, maritime safety, pollution from ships, professional association, roadworthiness tests, vessel








C_2022466EN.01002401.xml










7.12.2022   


EN


Official Journal of the European Union


C 466/24






List of organisations recognised on the basis of Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations
(2022/C 466/07)






—


American Bureau of Shipping (ABS)










—


Bureau Veritas SA (BV)










—


China Classification Society (CCS)










—


Croatian Register of Shipping (CRS)










—


DNV AS (DNV)










—


Indian Register of Shipping (IRS)










—


Korean Register (KR)










—


Lloyd's Register Group LTD (LR)










—


Nippon Kaiji Kyokai General Incorporated Foundation (ClassNK)










—


Polish Register of Shipping (PRS)










—


RINA Services S.p.A. (RINA)
Case T-130/21: Judgment of the General Court of 7 December 2022 — CCPL and Others v Commission (Competition — Agreements, decisions and concerted practices — Retail food packaging — Decision adjusting the amount of a fine — Calculation of the fine — Imputability of unlawful conduct — 2006 Guidelines on the method for setting fines — Upper limit of the fine — Proportionality — Equal treatment — Ability to pay)
Date: 2022-12-07
Institutions: General Court
Subjects: EU competition policy, cartel, control of restrictive practices, equal treatment, foodstuff, packaging product, principle of proportionality, restriction on competition, retail trade, sanction (EU)








C_2023035EN.01004902.xml










30.1.2023   


EN


Official Journal of the European Union


C 35/49






Judgment of the General Court of 7 December 2022 — CCPL and Others v Commission
(Case T-130/21) (1)

(Competition - Agreements, decisions and concerted practices - Retail food packaging - Decision adjusting the amount of a fine - Calculation of the fine - Imputability of unlawful conduct - 2006 Guidelines on the method for setting fines - Upper limit of the fine - Proportionality - Equal treatment - Ability to pay)
(2023/C 35/57)
Language of the case: Italian

Parties


Applicants: CCPL — Consorzio Cooperative di Produzione e Lavoro SC (Reggio Emilia, Italy), Coopbox Group SpA (Bibbiano, Italy), Coopbox Eastern s.r.o. (Nové Mesto nad Váhom, Slovakia) (represented by: E. Cucchiara and E. Rocchi, lawyers)

Defendant: European Commission (represented by: P. Rossi and T. Baumé, acting as Agents)

Re:

By their action based on Article 263 TFEU, the applicants seek annulment of Commission Decision C(2020) 8940 final of 17 December 2020 adjusting the amount of the fines imposed by Commission Decision C(2015) 4336 final of 24 June 2015 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT.39563 — Retail Food Packaging).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders CCPL — Consorzio Cooperative di Produzione e Lavoro SC, Coopbox Group SpA and Coopbox Eastern s.r.o. to bear their own costs and to pay those incurred by the European Commission, including the costs relating to the interim proceedings.






(1)  OJ C 148, 26.4.2021.
Case T-230/20: Judgment of the General Court of 7 December 2022 — PNB Banka v ECB (Economic and monetary policy — Prudential supervision of credit institutions — Regulation (EU) No 1024/2013 — Specific supervisory tasks assigned to the ECB — Decision to withdraw the authorisation of the credit institution PNB Banka — Proposal of the national competent authority to withdraw authorisation — Insolvency decision in respect of PNB Banka — Reasonable time — Obligation to state reasons — Proportionality)
Date: 2022-12-07
Institutions: General Court
Subjects: EU banking union, bank, banking supervision, credit institution, financial solvency, principle of proportionality, trade licence








C_2023035EN.01004701.xml










30.1.2023   


EN


Official Journal of the European Union


C 35/47






Judgment of the General Court of 7 December 2022 — PNB Banka v ECB
(Case T-230/20) (1)

(Economic and monetary policy - Prudential supervision of credit institutions - Regulation (EU) No 1024/2013 - Specific supervisory tasks assigned to the ECB - Decision to withdraw the authorisation of the credit institution PNB Banka - Proposal of the national competent authority to withdraw authorisation - Insolvency decision in respect of PNB Banka - Reasonable time - Obligation to state reasons - Proportionality)
(2023/C 35/54)
Language of the case: English

Parties


Applicant: PNB Banka AS (Riga, Latvia) (represented by: O. Behrends, lawyer)

Defendant: European Central Bank (represented by: C. Hernández Saseta, F. Bonnard and V. Hümpfner, acting as Agents)

Intervener in support of the defendant: Republic of Latvia (represented by: K. Pommere, J. Davidoviča and E. Bārdiņš, acting as Agents)

Re:

By its action based on Article 263 TFEU, the applicant seeks annulment of the decision of the European Central Bank (ECB) of 17 February 2020, ECB-SSM-220-LVPNB-1, WHD-2019-0016, withdrawing its authorisation as a credit institution.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders PNB Banka AS to bear its own costs and to pay those incurred by the European Central Bank (ECB), including those incurred in the proceedings for interim relief;










3.


Orders the Republic of Latvia to bear its own costs.






(1)  OJ C 209, 22.6.2020.
Case T-566/21: Order of the General Court of 7 December 2022 — Steinbach International v Commission (Action for annulment — Customs union — Common Customs Tariff — Tariff and statistical nomenclature — Classification in the Combined Nomenclature — Tariff heading — Regulatory act entailing implementing measures — No individual concern — Inadmissibility)
Date: 2022-12-07
Institutions: General Court
Subjects: Combined Nomenclature, camping, common customs tariff, plastics industry, specification of tariff heading, sports equipment








C_2023071EN.01002902.xml










27.2.2023   


EN


Official Journal of the European Union


C 71/29






Order of the General Court of 7 December 2022 — Steinbach International v Commission
(Case T-566/21) (1)

(Action for annulment - Customs union - Common Customs Tariff - Tariff and statistical nomenclature - Classification in the Combined Nomenclature - Tariff heading - Regulatory act entailing implementing measures - No individual concern - Inadmissibility)
(2023/C 71/39)
Language of the case: German

Parties


Applicant: Steinbach International GmbH (Schwertberg, Austria) (represented by: J. Gesinn, lawyer)

Defendant: European Commission (represented by: M. Salyková and L. Mantl, acting as Agents)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of Commission Implementing Regulation (EU) 2021/957 of 31 May 2021 concerning the classification of certain goods in the Combined Nomenclature (OJ 2021 L 211, p. 48).

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Steinbach International GmbH shall pay the costs.






(1)  OJ C 490, 6.12.2021.
Case T-275/19: Judgment of the General Court of 7 December 2022 — PNB Banka v ECB (Economic and monetary policy — Prudential supervision of credit institutions — Powers of the ECB — Investigatory powers — On-site inspections — Article 12 of Regulation (EU) No 1024/2013 — Decision of the ECB to conduct an inspection at the premises of a less significant credit institution — Action for annulment — Challengeable act — Admissibility — Competence of the ECB — Obligation to state reasons — Elements capable of justifying an inspection — Article 106 of the Rules of Procedure — Request for a hearing without a statement of reasons)
Date: 2022-12-07
Institutions: General Court
Subjects: EU banking union, admissibility, bank, banking supervision, credit institution








C_2023035EN.01004501.xml










30.1.2023   


EN


Official Journal of the European Union


C 35/45






Judgment of the General Court of 7 December 2022 — PNB Banka v ECB
(Case T-275/19) (1)

(Economic and monetary policy - Prudential supervision of credit institutions - Powers of the ECB - Investigatory powers - On-site inspections - Article 12 of Regulation (EU) No 1024/2013 - Decision of the ECB to conduct an inspection at the premises of a less significant credit institution - Action for annulment - Challengeable act - Admissibility - Competence of the ECB - Obligation to state reasons - Elements capable of justifying an inspection - Article 106 of the Rules of Procedure - Request for a hearing without a statement of reasons)
(2023/C 35/51)
Language of the case: English

Parties


Applicant: PNB Banka AS (Riga, Latvia) (represented by: O. Behrends, lawyer)

Defendant: European Central Bank (represented by: C. Hernández Saseta, F. Bonnard and V. Hümpfner, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: D. Triantafyllou, A. Nijenhuis and A. Steiblytė, acting as Agents)

Re:

By its action based on Article 263 TFEU, the applicant seeks annulment of the decision of the European Central Bank (ECB), notified by letter of 14 February 2019, to conduct an on-site inspection at the applicant’s premises.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders PNB Banka AS to bear its own costs and pay those incurred by the European Central Bank (ECB);










3.


Orders the European Commission to bear its own costs.






(1)  OJ C 213, 24.6.2019.
Case C-747/22: Request for a preliminary ruling from the Tribunale ordinario di Bergamo (Italy) lodged on 7 December 2022 — KH v Istituto nazionale della previdenza sociale (INPS)
Date: 2022-12-07
Institutions: Court of Justice
Subjects: Italy, international protection, job access, residence, social assistance, social integration, social security legislation, social-security benefit








C_2023112EN.01002001.xml










27.3.2023   


EN


Official Journal of the European Union


C 112/20






Request for a preliminary ruling from the Tribunale ordinario di Bergamo (Italy) lodged on 7 December 2022 — KH v Istituto nazionale della previdenza sociale (INPS)
(Case C-747/22)
(2023/C 112/26)
Language of the case: Italian

Referring court

Tribunale ordinario di Bergamo

Parties to the main proceedings


Applicant: KH

Defendant: Istituto nazionale della previdenza sociale (INPS)

Question referred

Are Articles 29 and 26 [of] Directive 2011/95 (1) to be interpreted as precluding a national provision such as that contained in Article 2(1)(a) [of] Decree-Law No 4/2019, which provides for a requirement of 10 years’ residency in Italy, in addition to the condition of 2 years of continuous residency prior to application, in order to access an anti-poverty benefit supporting access to employment and social integration, such as the ‘basic income’?


(1)  Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast) (OJ 2011 L 337, p. 9).
Information communicated by Member States regarding closure of fisheries 2022/C 466/09
Date: 2022-12-07
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, EU waters, Portugal, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing








C_2022466EN.01002701.xml










7.12.2022   


EN


Official Journal of the European Union


C 466/27






Information communicated by Member States regarding closure of fisheries
(2022/C 466/09)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


19.11.2022




Duration


19.11.2022 — 31.12.2022




Member State


Portugal




Stock or Group of stocks


RJU/9-C.




Species


Undulate ray (Raja undulata)




Zone


Union waters of 9




Type(s) of fishing vessels


—




Reference number


12/TQ109






(1)  OJ L 343, 22.12.2009, p. 1
Case T-487/21: Judgment of the General Court of 7 December 2022 — Neoperl v EUIPO (Representation of a cylindrical sanitary insert) (EU trade mark — Application for an EU trade mark representing a cylindrical sanitary insert — Tactile position mark — Absolute grounds for refusal — Scope of the law — Court acting of its own motion — Examination of distinctive character by the Board of Appeal — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Sign not capable of constituting an EU mark — Absence of a precise and self-contained graphic representation of the tactile impression produced by the sign — Article 4 and 7(1)(a) of Regulation (EC) No 207/2009 (now Article 4 and 7(1)(a) of Regulation (EU) 2017/1001))
Date: 2022-12-07
Institutions: General Court
Subjects: EU trade mark, plumbing equipment, registered trade mark, trade-mark law








C_2023035EN.01005102.xml










30.1.2023   


EN


Official Journal of the European Union


C 35/51






Judgment of the General Court of 7 December 2022 — Neoperl v EUIPO (Representation of a cylindrical sanitary insert)
(Case T-487/21) (1)

(EU trade mark - Application for an EU trade mark representing a cylindrical sanitary insert - Tactile position mark - Absolute grounds for refusal - Scope of the law - Court acting of its own motion - Examination of distinctive character by the Board of Appeal - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) - Sign not capable of constituting an EU mark - Absence of a precise and self-contained graphic representation of the tactile impression produced by the sign - Article 4 and 7(1)(a) of Regulation (EC) No 207/2009 (now Article 4 and 7(1)(a) of Regulation (EU) 2017/1001))
(2023/C 35/60)
Language of the case: German

Parties


Applicant: Neoperl AG (Reinach, Switzerland) (represented by: U. Kaufmann, lawyer)

Defendant: European Union Intellectual Property Office (represented by: T. Klee and D. Hanf, acting as Agents)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 3 June 2021 (Case R 2327/2019-5).

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 3 June 2021 (Case R 2327/2019-5);










2.


Orders EUIPO to pay the costs.






(1)  OJ C 391, 27.9.2021.
Case T-721/21: Order of the General Court of 7 December 2022 — Sunrise Medical and Sunrise Medical Logistics v Commission (Action for annulment — Customs union — Common Customs Tariff — Tariff and statistical nomenclature — Classification in the Combined Nomenclature — Tariff heading — Regulatory act entailing implementing measures — Lack of individual concern — Inadmissibility)
Date: 2022-12-07
Institutions: General Court
Subjects: Combined Nomenclature, common customs tariff, facilities for people with disabilities, motor vehicle, specification of tariff heading








C_2023063EN.01004902.xml










20.2.2023   


EN


Official Journal of the European Union


C 63/49






Order of the General Court of 7 December 2022 — Sunrise Medical and Sunrise Medical Logistics v Commission
(Case T-721/21) (1)

(Action for annulment - Customs union - Common Customs Tariff - Tariff and statistical nomenclature - Classification in the Combined Nomenclature - Tariff heading - Regulatory act entailing implementing measures - Lack of individual concern - Inadmissibility)
(2023/C 63/64)
Language of the case: English

Parties


Applicants: Sunrise Medical BV (Amsterdam, Netherlands), Sunrise Medical Logistics BV (Amsterdam) (represented by: L. Ruessmann and J. Beck, lawyers)

Defendant: European Commission (represented by: J. Hradil and M. Salyková, acting as Agents)

Re:

By their action based on Article 263 TFEU, the applicants seek the annulment of Commission Implementing Regulation (EU) 2021/1367 of 6 August 2021 concerning the classification of certain goods in the Combined Nomenclature (OJ 2021 L 294, p. 1).

Operative part of the order







1.


Dismisses the application as inadmissible.










2.


Orders Sunrise Medical BV and Sunrise Medical Logistics BV to pay the costs.






(1)  OJ C 24, 17.1.2022.
Case T-650/22: Action brought on 7 December 2022 — Athlet v EUIPO — Heuver Bandengroothandel (ATHLET)
Date: 2022-12-07
Institutions: General Court
Subjects: EU trade mark, carriage of passengers, motor vehicle, optical industry, polishing and scouring preparations, registered trade mark, trade-mark law








C_2023035EN.01006401.xml










30.1.2023   


EN


Official Journal of the European Union


C 35/64






Action brought on 7 December 2022 — Athlet v EUIPO — Heuver Bandengroothandel (ATHLET)
(Case T-650/22)
(2023/C 35/79)
Language in which the application was lodged: German

Parties


Applicant: Athlet Ltd (London, United Kingdom) (represented by: S. Reinhard, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Heuver Bandengroothandel BV (Hardenberg, Netherlands)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU word mark ATHLET — EU trade mark No 9 224 692

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 8 August 2022 in Case R 2214/2019-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Pleas in law







—


Infringement of the TFEU;










—


Infringement of Article 59(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Distortion of the facts and evidence;










—


Infringement of Article 34 of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.