do-me/EUR-LEX huggingface dataset:
Case C-753/22: Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 12 December 2022 — QY v Federal Republic of Germany
Date: 2022-12-12
Institutions: Court of Justice
Subjects: EU Member State, aid to refugees, cruel and degrading treatment, international protection, refugee, right of asylum








C_2023104EN.01001402.xml










20.3.2023   


EN


Official Journal of the European Union


C 104/14






Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 12 December 2022 — QY v Federal Republic of Germany
(Case C-753/22)
(2023/C 104/18)
Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings


Applicant and appellant: QY

Defendant and respondent: Federal Republic of Germany

Question referred

In the event that a Member State may not exercise the power conferred by Article 33(2)(a) of Directive 2013/32/EU (1) to reject as inadmissible an application for international protection with a view to the granting of refugee status in another Member State because living conditions in that Member State would expose the applicant to a serious risk of inhuman or degrading treatment within the meaning of Article 4 of the Charter, must the second sentence of Article 3(1) of Regulation (EU) No 604/2013, (2) the second sentence of Article 4(1) and Article 13 of Directive 2011/95/EU (3) as well as Article 10(2) and (3) and Article 33(1) and (2)(a) of Directive 2013/32/EU be interpreted as meaning that the fact that refugee status has already been granted prevents the Member State from carrying out an examination of the application for international protection submitted to it that is unbiased as to the outcome, and obliges the Member State to grant the applicant refugee status without examining the substantive conditions for that protection?


(1)  Directive of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast) (OJ 2013 L 180, p. 60).

(2)  Regulation of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) (OJ 2013 L 180, p. 31).

(3)  Directive 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).
Commission Implementing Regulation (EU) 2022/2483 of 12 December 2022 approving amendments to the specification for a protected designation of origin or a protected geographical indication (‘Saumur’ (PDO))
Date: 2022-12-12
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: France, Loire Region, Nouvelle-Aquitaine, designation of origin, labelling, product designation, red wine, rosé wine, sparkling wine, still wine, white wine








L_2022323EN.01002901.xml










19.12.2022   


EN


Official Journal of the European Union


L 323/29








            COMMISSION IMPLEMENTING REGULATION (EU) 2022/2483
of 12 December 2022
         
approving amendments to the specification for a protected designation of origin or a protected geographical indication (‘Saumur’ (PDO))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,

Whereas:







(1)


The Commission examined France’s application for the approval of amendments to the specification for the protected designation of origin ‘Saumur’, submitted pursuant to Article 105 of Regulation (EU) No 1308/2013.












(2)


The Commission published the application for the approval of amendments to the specification in the Official Journal of the European Union (2), as required by Article 97(3) of Regulation (EU) No 1308/2013.












(3)


No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.












(4)


The amendments to the specification should therefore be approved in accordance with Article 99 of Regulation (EU) No 1308/2013.












(5)


The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Saumur’ (PDO) are hereby approved.


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, 12 December 2022.


For the Commission,


On behalf of the President,

Janusz WOJCIECHOWSKI
            

Member of the Commission






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  
            OJ C 287, 28.7.2022, p. 85.
Special report 25/2022 ‘Verification of Gross National Income for financing the EU budget’ 2022/C 471/09
Date: 2022-12-12
Institutions: European Court of Auditors
Subjects: EU Member State, EU budget, EU control, European Commission, Eurostat, GNP contribution, economic analysis, gross domestic product








C_2022471EN.01001401.xml










12.12.2022   


EN


Official Journal of the European Union


C 471/14






Special report 25/2022 ‘Verification of Gross National Income for financing the EU budget’
(2022/C 471/09)
The European Court of Auditors has published its special report 25/2022: ‘Verification of Gross National Income for financing the EU budget - risks in data compilation well covered overall, but scope for increased prioritisation of actions’.
The report can be consulted directly or downloaded at the European Court of Auditors’ website: https://www.eca.europa.eu/en/Pages/DocItem.aspx?did=62634
Corrigendum to Notice of Initiation concerning a review of the safeguard measure applicable to imports of certain steel products (Official Journal of the European Union C 459 of 2 December 2022) 2022/C 471/12
Date: 2022-12-12
Institutions: European Commission
Subjects: flat product, import (EU), iron and steel product, non-flat product, originating product, surveillance concerning imports, third country








C_2022471EN.01002601.xml










12.12.2022   


EN


Official Journal of the European Union


C 471/26






Corrigendum to Notice of Initiation concerning a review of the safeguard measure applicable to imports of certain steel products

(
Official Journal of the European Union C 459 of 2 December 2022
)

(2022/C 471/12)
On page 6, in footnote 2:
for:

‘Commission Implementing Regulation (EU) 2021/1029 of 24 June 2021 amending Commission Implementing Regulation (EU) 2019/159 to prolong the safeguard measure on imports of certain steel products (OJ L 225, 25.6.2021, p. 1).’,

read:

‘Commission Implementing Regulation (EU) 2021/1029 of 24 June 2021 amending Commission Implementing Regulation (EU) 2019/159 to prolong the safeguard measure on imports of certain steel products (OJ L 225 I, 25.6.2021, p. 1).’
Case C-767/22, 1Dream: Request for a preliminary ruling from the Satversmes tiesa (Latvia) lodged on 12 December 2022 — 1Dream OÜ, DS, DL, VS, JG v Latvijas Republikas Saeima
Date: 2022-12-12
Institutions: Court of Justice
Subjects: confiscation of property, constitutional court, criminal proceedings, offence, primacy of EU law, principle of legal certainty, seizure of goods








C_2023094EN.01002301.xml










13.3.2023   


EN


Official Journal of the European Union


C 94/23






Request for a preliminary ruling from the Satversmes tiesa (Latvia) lodged on 12 December 2022 — 1Dream OÜ, DS, DL, VS, JG v Latvijas Republikas Saeima
(Case C-767/22, 1Dream)
(2023/C 94/25)
Language of the case: Latvian

Referring court

Satversmes tiesa

Parties to the main proceedings


Appellants before the Satversmes tiesa: 1Dream OÜ, DS, DL, VS, JG

Respondent: Latvijas Republikas Saeima

Questions referred







1.


Does national legislation pursuant to which a national court rules on the confiscation of the proceeds of crime in separate proceedings relating to the illegally obtained assets, which are separated from the main criminal proceedings before it is established that a criminal offence has been committed and before anyone has been found guilty of that offence, and which also provides for confiscation based on materials taken from the criminal case file, fall within the scope of Directive 2014/42, (1) in particular Article 4 thereof, and Framework Decision 2005/212, (2) in particular Article 2 thereof?










2.


If the first question is answered in the affirmative, is the legislation on access to materials in the case file in proceedings relating to illegally obtained assets to be considered compatible with the right to a fair trial enshrined in Article 47 of the Charter and in Article 8(1) of Directive 2014/42?










3.


Is the principle of the primacy of European Union law to be interpreted as precluding the constitutional court of a Member State, which is seised of an action for a declaration of unconstitutionality brought against national legislation which has been held to be incompatible with European Union law, from ruling that the principle of legal certainty is applicable and that the legal effects of that legislation are to be maintained in relation to the period during which it was in force?






(1)  Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union (OJ 2014 L 127, p. 39).

(2)  Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property (OJ 2005 L 68, p. 49).
Decision of the Bureau of the European Parliament of 12 December 2022 amending the Implementing Measures for the Statute for Members of the European Parliament 2022/C 487/01
Date: 2022-12-12
Institutions: Bureau of the European Parliament
Subjects: Member of the European Parliament, Statute for Members of the Parliament, allowances and expenses, assistant, parliamentary allowance, servant (EU)




C_2022487EN.01000101.xml










22.12.2022   


EN


Official Journal of the European Union


C 487/1






DECISION OF THE BUREAU OF THE EUROPEAN PARLIAMENT
of 12 December 2022
amending the Implementing Measures for the Statute for Members of the European Parliament
(2022/C 487/01)
THE BUREAU OF THE EUROPEAN PARLIAMENT,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 223(2) thereof,
Having regard to the Statute for Members of the European Parliament (1),
Having regard to Rule 25 of the Rules of Procedure of the European Parliament,
Whereas:






(1)


Pursuant to Article 69(2) of the Implementing Measures for the Statute for Members of the European Parliament (2) (‘the Implementing Measures’), the maximum amount of parliamentary assistance costs defrayable in respect of the personal staff referred to in Article 29(4) of the Implementing Measures is, where appropriate, to be index-linked annually on the basis of data established pursuant to Article 65 of the Staff Regulations of Officials of the European Union laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (3).










(2)


The Commission has fixed the adjustment rate for the second half of 2022 at 4,5 %. Accordingly, the maximum monthly amount defrayable for parliamentary assistance expenses should be increased to EUR 27 937 with effect from 1 July 2022.










(3)


The Implementing Measures should be amended accordingly.




HAS ADOPTED THIS DECISION:

Article 1
In Article 29 of the Implementing Measures, paragraph 4 is replaced by the following:


‘4.   The maximum monthly amount defrayable in respect of all the personal staff referred to in Article 30 shall be EUR 27 937 with effect from 1 July 2022.’.




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


This Decision shall apply from 1 July 2022.

 




(1)  Decision 2005/684/EC, Euratom of the European Parliament of 28 September 2005 adopting the Statute for Members of the European Parliament (OJ L 262, 7.10.2005, p. 1).

(2)  Decision of the Bureau of the European Parliament of 19 May and 9 July 2008 concerning implementing measures for the Statute for Members of the European Parliament (OJ C 159, 13.7.2009, p. 1).

(3)  OJ L 56, 4.3.1968, p. 1.
Commission Implementing Regulation (EU) 2022/2482 of 12 December 2022 approving amendments to the specification for a protected designation of origin or a protected geographical indication (‘Comtés Rhodaniens’ (PGI))
Date: 2022-12-12
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Auvergne-Rhône-Alpes, Bourgogne-Franche-Comté, France, designation of origin, labelling, product designation, red wine, rosé wine, white wine








L_2022323EN.01002701.xml










19.12.2022   


EN


Official Journal of the European Union


L 323/27








            COMMISSION IMPLEMENTING REGULATION (EU) 2022/2482
of 12 December 2022
         
approving amendments to the specification for a protected designation of origin or a protected geographical indication (‘Comtés Rhodaniens’ (PGI))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,

Whereas:







(1)


The Commission examined France’s application for the approval of amendments to the specification for the protected geographical indication ‘Comtés Rhodaniens’, submitted pursuant to Article 105 of Regulation (EU) No 1308/2013.












(2)


The Commission published the application for the approval of amendments to the specification in the Official Journal of the European Union (2), as required by Article 97(3) of Regulation (EU) No 1308/2013.












(3)


No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.












(4)


The amendments to the specification should therefore be approved in accordance with Article 99 of Regulation (EU) No 1308/2013.












(5)


The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Comtés Rhodaniens’ (PGI) are hereby approved.


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, 12 December 2022.


For the Commission,


On behalf of the President,

Janusz WOJCIECHOWSKI
            

Member of the Commission






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  
            OJ C 286, 27.7.2022, p. 41.
Case T-773/22: Action brought on 12 December 2022 — Contorno Textil v EUIPO — Harmont & Blaine (GILBERT TECKEL)
Date: 2022-12-12
Institutions: General Court
Subjects: EU trade mark, clothing industry, footwear industry, registered trade mark, trade-mark law








C_2023045EN.01002401.xml










6.2.2023   


EN


Official Journal of the European Union


C 45/24






Action brought on 12 December 2022 — Contorno Textil v EUIPO — Harmont & Blaine (GILBERT TECKEL)
(Case T-773/22)
(2023/C 45/32)
Language in which the application was lodged: English

Parties


Applicant: Contorno Textil, SL (Almedinilla, Spain) (represented by: E. Sugrañes Coca and C. Sotomayor Garcia, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Harmont & Blaine SpA (Caivano, Italy)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union figurative mark GILBERT TECKEL — Application for registration No 18 148 635

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 10 October 2022 in Case R 372/2022-4

Form of order sought

The applicant claims that the Court should:






—


alter the contested decision by stating that application for registration no18 148 635 must be granted for all goods in class 25 due to the lack of likelihood of confusion between the trade marks under comparison, after giving due consideration to the differences between the signs;
order EUIPO to pay the costs; or, in the alternative,










—


annul the contested decision;










—


order EUIPO to pay the costs.





Pleas in law







—


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










—


Infringement of the principles of equal treatment and legal certainty.