do-me/EUR-LEX huggingface dataset:
Case T-110/22: Order of the General Court of 14 December 2022 — Kremer v Commission (Civil service — Members of the contract staff — Retirement pensions — Pension rights acquired before entry into the service of the European Union — Transfer to the EU scheme — Additional years of pensionable service — Action for annulment — Request for repayment of transferred capital which has not given rise to a bonus — Time limit for complaints — Undue enrichment — Manifest inadmissibility)
Date: 2022-12-14
Institutions: General Court
Subjects: European official, seniority, staff regulations (EU), transfer of pension rights








C_2023063EN.01005002.xml










20.2.2023   


EN


Official Journal of the European Union


C 63/50






Order of the General Court of 14 December 2022 — Kremer v Commission
(Case T-110/22) (1)

(Civil service - Members of the contract staff - Retirement pensions - Pension rights acquired before entry into the service of the European Union - Transfer to the EU scheme - Additional years of pensionable service - Action for annulment - Request for repayment of transferred capital which has not given rise to a bonus - Time limit for complaints - Undue enrichment - Manifest inadmissibility)
(2023/C 63/66)
Language of the case: French

Parties


Applicant: Christiane Kremer (Brussels, Belgium) (represented by: D. Grisay and A. Ansay, lawyers)

Defendant: European Commission (represented by: B. Mongin, M. Brauhoff and L. Radu Bouyon, acting as Agents)

Interveners in support of the defendant: European Parliament (represented by: J. Van Pottelberge and M. Windisch, acting as Agents), Council of the European Union (represented by: M. Bauer and I. Demoulin, acting as Agents)

Re:

By her action under Article 270 TFEU the applicant seeks, in essence, principally, first, annulment of the decision of the European Commission of 24 February 2022 rejecting her complaint in so far as it concerns the annulment of the notification of 13 January 2017 on the determination of her retirement pension rights and, second, referral of her case to the authority empowered to conclude contracts of employment of the Commission to determine the amount to repay her and, in the alternative, an order requiring the Commission to pay a sum of EUR 55 401,07 on the ground of unjust enrichment.

Operative part of the order







1.


The action is dismissed as being manifestly inadmissible.










2.


Ms Christiane Kremer is ordered to bear her own costs and to pay those of the European Commission.










3.


The European Parliament and the Council of the European Union are to bear their own costs.






(1)  OJ C 158, 11.4.2022.
Case T-533/20: Judgment of the General Court of 14 December 2022 — Green Power Technologies v Key Digital Technologies Joint Undertaking (Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Grant agreements — Eligible costs — OLAF report finding certain expenditure incurred to be ineligible — Recovery of sums paid — Burden of proof — Regulation (EU, Euratom) No 883/2013 — Counterclaim)
Date: 2022-12-14
Institutions: General Court
Subjects: European Anti-fraud Office, Framework Programme for Research and Development, arbitration clause, damages, debt, eligibility criteria, research and development, right to justice, rights of the defence








C_2023063EN.01003401.xml










20.2.2023   


EN


Official Journal of the European Union


C 63/34






Judgment of the General Court of 14 December 2022 — Green Power Technologies v Key Digital Technologies Joint Undertaking
(Case T-533/20) (1)

(Arbitration clause - Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) - Grant agreements - Eligible costs - OLAF report finding certain expenditure incurred to be ineligible - Recovery of sums paid - Burden of proof - Regulation (EU, Euratom) No 883/2013 - Counterclaim)
(2023/C 63/42)
Language of the case: Spanish

Parties


Applicant: Green Power Technologies (Bollullos de la Mitación, Spain) (represented by: A. León González and A. Martínez Solís, lawyers)

Defendant: Key Digital Technologies Joint Undertaking, formerly ECSEL Joint Undertaking (represented by: O. Lambinet and A. Salaun, acting as Agents, and by M. Troncoso Ferrer, lawyer)

Re:

By its action under Article 272 TFEU, the applicant seeks a declaration that the amounts advanced by the Key Digital Technologies Joint Undertaking in performance of the contracts Pollux (No 100205), IoE (No 269374), Motorbrain (No 270693) and AGATE (No 325630), concluded under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) in order to finance the corresponding projects, which that joint undertaking sought to recover through the issuance of debit note No 4440200016, were eligible costs.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Allows the counterclaim brought by the Key Digital Technologies Joint Undertaking;










3.


Orders Green Power Technologies, SL to pay the Key Digital Technologies Joint Undertaking the sum of EUR 204 302,13 claimed by the latter in its counterclaim;










4.


Orders Green Power Technologies to pay the costs.






(1)  OJ C 371, 3.11.2020.
Case T-490/21: Judgment of the General Court of 14 December 2022 — Vanhoudt v EIB (Civil service — EIB staff — Recruitment — Vacancy notice — Rejection of application — Appointment of another candidate — Obligation to state reasons — Irregularity in the recruitment procedure — Manifest error of assessment — Liability)
Date: 2022-12-14
Institutions: General Court
Subjects: competition (EU), damages, job vacancy, recruitment, servant (EU)








C_2023063EN.01004101.xml










20.2.2023   


EN


Official Journal of the European Union


C 63/41






Judgment of the General Court of 14 December 2022 — Vanhoudt v EIB
(Case T-490/21) (1)

(Civil service - EIB staff - Recruitment - Vacancy notice - Rejection of application - Appointment of another candidate - Obligation to state reasons - Irregularity in the recruitment procedure - Manifest error of assessment - Liability)
(2023/C 63/51)
Language of the case: French

Parties


Applicant: Patrick Vanhoudt (Gonderange, Luxembourg) (represented by: L. Levi and A. Champetier, lawyers)

Defendant: European Investment Bank (represented by: T. Gilliams, G. Faedo and K. Carr, acting as Agents, and A. Dal Ferro, lawyer)

Re:

By his action under Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union, the applicant seeks, first, annulment of the decision of the European Investment Bank (EIB) of 16 December 2020, by which it rejected his application for a position at level 6/5-D/E, and of the decision by which the EIB appointed the successful candidate to that position, and, second, compensation for the harm which he claims to have suffered as a result of those decisions.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Patrick Vanhoudt to pay the costs.






(1)  OJ C 422, 18.10.2021.
Case T-687/20: Judgment of the General Court of 14 December 2022 — Jinan Meide Casting and Others v Commission (Dumping — Imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in China — Reimposition of a definitive anti-dumping duty — Legal certainty — Legitimate expectations — Non-retroactivity — Article 10 of Regulation (EC) No 1225/2009 (now Article 10 of Regulation (EU) 2016/1036) — Proportionality — Registration of imports — Article 14(5) of Regulation No 1225/2009 (now Article 14(5) of Regulation 2016/1036))
Date: 2022-12-14
Institutions: General Court
Subjects: China, anti-dumping duty, cast-iron, import (EU), originating product, piping, principle of legal certainty, principle of proportionality, retroactivity of a law, tube








C_2023063EN.01003501.xml










20.2.2023   


EN


Official Journal of the European Union


C 63/35






Judgment of the General Court of 14 December 2022 — Jinan Meide Casting and Others v Commission
(Case T-687/20) (1)

(Dumping - Imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in China - Reimposition of a definitive anti-dumping duty - Legal certainty - Legitimate expectations - Non-retroactivity - Article 10 of Regulation (EC) No 1225/2009 (now Article 10 of Regulation (EU) 2016/1036) - Proportionality - Registration of imports - Article 14(5) of Regulation No 1225/2009 (now Article 14(5) of Regulation 2016/1036))
(2023/C 63/43)
Language of the case: English

Parties


Applicants: Jinan Meide Casting Co. Ltd (Jinan, China), and the 10 other applicants whose names are listed in the annex to the judgment (represented by: R. Antonini, E. Monard and B. Maniatis, lawyers)

Defendant: European Commission (represented by: K. Blanck and G. Luengo, acting as Agents)

Re:

By their action based on Article 263 TFEU, the applicants seek the annulment of Commission Implementing Regulation (EU) 2020/1210 of 19 August 2020 reimposing a definitive anti-dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron and spheroidal graphite cast iron, originating in the People’s Republic of China, manufactured by Jinan Meide [Casting Co.] Ltd following the judgment of the General Court in Case T-650/17 (OJ 2020 L 274, p. 20).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Jinan Meide Casting Co. Ltd and the other applicants whose names are listed in the annex to pay the costs.






(1)  OJ C 19, 18.1.2021.