do-me/EUR-LEX huggingface dataset:
Case C-33/23, Schwarzder: Request for a preliminary ruling from the Landesgericht Korneuburg (Austria) lodged on 24 January 2023 — AA AG v VM, AG GmbH
Date: 2023-01-24
Institutions: Court of Justice
Subjects: Switzerland, carriage of passengers, carrier, civil aviation, indemnification, traveller








C_2023155EN.01002902.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/29






Request for a preliminary ruling from the Landesgericht Korneuburg (Austria) lodged on 24 January 2023 — AA AG v VM, AG GmbH
(Case C-33/23, Schwarzder (1))
(2023/C 155/37)
Language of the case: German

Referring court

Landesgericht Korneuburg

Parties to the main proceedings


Appellant: AA AG

Respondents: VM, AG GmbH

Questions referred







1.


Is Article 3(1)(a) of Regulation (EC) No 261/2004 (2) in conjunction with the Agreement between the European Community and the Swiss Confederation on Air Transport of 21 June 1999, as amended by Decision No 2/2010 of the Community/Switzerland Air Transport Committee of 26 November 2010, (3) to be interpreted as meaning that a flight connection consisting of two flights, departing from the territory of the Swiss Confederation with a stopover in the territory of a Member State and a final destination in the territory of a third country (the operating air carrier for which is, moreover, a Community carrier), falls within the scope of Regulation No261/2004?










2.


Is Article 3(1)(b) and Regulation No 261/2004 in conjunction with the Agreement between the European Community and the Swiss Confederation on Air Transport of 21 June 1999, as amended by Decision No 2/2010 of the Community/Switzerland Air Transport Committee of 26 November 2010, to be interpreted as meaning that a flight connection consisting of two flights, departing from the territory of a third country with a stopover in the territory of a Member State and a final destination in the territory of the Swiss Confederation, the operating air carrier for which is a Community carrier, falls within the scope of Regulation No 261/2004?






(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

(2)  Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1).

(3)  Decision No 2/2010 of the Community/Switzerland Air Transport Committee set up under the Agreement between the European Community and the Swiss Confederation on Air Transport of 26 November 2010, replacing the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport (OJ 2010 L 347, p. 54).
Case T-23/23: Action brought on 24 January 2023 — Noyan Abr Arvan v Council
Date: 2023-01-24
Institutions: General Court
Subjects: EU restrictive measure, Iran, economic sanctions, equal treatment, international sanctions, legal person, right to justice, rights of the defence








C_2023094EN.01005701.xml










13.3.2023   


EN


Official Journal of the European Union


C 94/57






Action brought on 24 January 2023 — Noyan Abr Arvan v Council
(Case T-23/23)
(2023/C 94/69)
Language of the case: English

Parties


Applicant: Noyan Abr Arvan Private JC (Tehran, Iran) (represented by: K. Adamantopoulos and P. Billiet, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


annul Council Implementing Regulation (EU) 2022/2231 of 14 November 2022 implementing Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran (1), in so far as it concerns the applicant’s inclusion in Annex I to Council Regulation (EU) No 359/2011;










—


declare inapplicable Council Regulation (EU) No 359/2011 of 12 April 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran (2) (‘Regulation 359/2011’), in so far as it concerns the applicant’s inclusion in Annex I to Regulation 359/2011; and










—


order the Council of the European Union to pay the applicant’s costs.





Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.






1.


First plea in law, alleging that the Council made a manifest misstatement of the facts and manifest error in the application of Articles 263 TFEU and Articles 3.1, 3.2 and 12.2 of Regulation 359/2011.










2.


Second plea in law, alleging that the Council infringed its duty to give (adequate) reasons and to give reasons that meet applicable quality standards (in particular regarding the objectivity of applied criteria, the taking into account of the applicant’s interests, the proportionate character of decision making, the taking into account of EU suppliers interests, the equal treatment of the applicant, respect to the non-discrimination principle, avoidance of an arbitrary character in decision making and avoidance of an abuse of power in decision making), contrary to Articles 263 and 296 TFEU and Articles 3.1, 3.2 and 12.2 of Regulation 359/2011.










3.


Third plea in law, alleging that the Council infringes the applicant’s right of defence, in particular the right to be heard and the right to effective judicial review, contrary to Articles 296 TFEU and Article 12.2 of Regulation 359/2011.






(1)  OJ 2022, L 293I, p. 16.


(2)  OJ 2011, L 100, p. 1.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 23 January 2023 2023/C 25/04
Date: 2023-01-24
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2023025EN.01000401.xml










24.1.2023   


EN


Official Journal of the European Union


C 25/4






Euro exchange rates (1)

23 January 2023
(2023/C 25/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0871 




JPY


Japanese yen


141,65 




DKK


Danish krone


7,4393 




GBP


Pound sterling


0,87970 




SEK


Swedish krona


11,1183 




CHF


Swiss franc


1,0013 




ISK


Iceland króna


154,70 




NOK


Norwegian krone


10,6835 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


23,881 




HUF


Hungarian forint


395,98 




PLN


Polish zloty


4,7113 




RON


Romanian leu


4,9202 




TRY


Turkish lira


20,4478 




AUD


Australian dollar


1,5529 




CAD


Canadian dollar


1,4523 




HKD


Hong Kong dollar


8,5105 




NZD


New Zealand dollar


1,6778 




SGD


Singapore dollar


1,4328 




KRW


South Korean won


1 335,67 




ZAR


South African rand


18,6597 




CNY


Chinese yuan renminbi


7,3730 




IDR


Indonesian rupiah


16 314,27 




MYR


Malaysian ringgit


4,6588 




PHP


Philippine peso


59,345 




RUB


Russian rouble


 




THB


Thai baht


35,630 




BRL


Brazilian real


5,6372 




MXN


Mexican peso


20,4428 




INR


Indian rupee


88,4520 






(1)  Source: reference exchange rate published by the ECB.
Opinion of the European Economic and Social Committee on ‘Proposal for a Regulation of the European Parliament and of the Council on fees and charges payable to the European Medicines Agency, amending Regulation (EU) 2017/745 of the European Parliament and of the Council and repealing Council Regulation (EC) No 297/95 and Regulation (EU) No 658/2014 of the European Parliament and of the Council’ (COM(2022) 721 final — 2022/0417 (COD))
Date: 2023-01-24
Institutions: European Economic and Social Committee
Subjects: European Medicines Agency, drug surveillance, drugs classification, market approval, medicinal product, operation of the Institutions, provision of services, veterinary medicinal product








C_2023140EN.01008501.xml










21.4.2023   


EN


Official Journal of the European Union


C 140/85






Opinion of the European Economic and Social Committee on ‘Proposal for a Regulation of the European Parliament and of the Council on fees and charges payable to the European Medicines Agency, amending Regulation (EU) 2017/745 of the European Parliament and of the Council and repealing Council Regulation (EC) No 297/95 and Regulation (EU) No 658/2014 of the European Parliament and of the Council’
(COM(2022) 721 final — 2022/0417 (COD))
(2023/C 140/15)






Referral


Council of the European Union, 22.12.2022
European Parliament, 15.12.2022




Legal basis


Article 114 and Article 168(4)(c) and (b) of the Treaty on the Functioning of the European Union




Section responsible


Single Market, Production and Consumption




Adopted at plenary


24.1.2023




Plenary session No


575




Outcome of vote
(for/against/abstentions)


195/0/1




Since the Committee unreservedly endorses the proposal and feels that it requires no comment on its part, it has decided to issue an opinion endorsing the proposed text.

Brussels, 24 January 2023.


The President of the European Economic and Social Committee

Christa SCHWENG
Notice for the attention of certain persons and entities subject to the restrictive measures provided for in Council Decision 2014/145/CFSP and Council Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine 2023/C 25/09
Date: 2023-01-24
Institutions: Council of the European Union
Subjects: EU restrictive measure, Russia, Ukraine, economic sanctions, international sanctions, natural person, territorial dispute, territorial law








C_2023025EN.01001101.xml










24.1.2023   


EN


Official Journal of the European Union


C 25/11






Notice for the attention of certain persons and entities subject to the restrictive measures provided for in Council Decision 2014/145/CFSP and Council Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
(2023/C 25/09)
The following information is brought to the attention of Mikhail Grigorievich MALYSHEV (No 30), Denys Volodymyrovych PUSHYLIN (No 46), Marat Faatovich BASHIROV (No 66), Pavel Yurievich GUBAREV (No 82), Ekaterina Yurievna GUBAREVA (No 83), Miroslav Vladimirovich RUDENKO (No 98), Andrey Yurevich PINCHUK (No 100), persons appearing in the Annex to Council Decision 2014/145/CFSP (1) and in Annex I to Council Regulation (EU) No 269/2014 (2) concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine. The Council is considering maintaining the restrictive measures against the above-mentioned persons with new statements of reasons.
Those persons are hereby informed that they may submit a request to the Council to obtain the intended statements of reasons for their designation, before 30 January 2023, to the following address:





Council of the European Union




General Secretariat




RELEX.1




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




Email: sanctions@consilium.europa.eu


(1)  OJ L 78, 17.3.2014, p. 16.

(2)  OJ L 78, 17.3.2014, p. 6.
Case C-34/23, Getin Noble Bank: Request for a preliminary ruling from the Sąd Okręgowy w Koszalinie (Poland) lodged on 24 January 2023 — RF v Getin Noble Bank S.A.
Date: 2023-01-24
Institutions: Court of Justice
Subjects: aid for restructuring, bank, claim, company in difficulties, credit institution, enforcement of ruling, real estate credit








C_2023155EN.01003001.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/30






Request for a preliminary ruling from the Sąd Okręgowy w Koszalinie (Poland) lodged on 24 January 2023 — RF v Getin Noble Bank S.A.
(Case C-34/23, Getin Noble Bank)
(2023/C 155/38)
Language of the case: Polish

Referring court

Sąd Okręgowy w Koszalinie

Parties to the main proceedings


Applicant: RF

Defendant: Getin Noble Bank S.A.

Question referred

Does the prohibition laid down in Article 70(1) Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, (1) of the European Parliament and of the Council, relate only to the possibility of securing a pecuniary claim by way of enforcement or also to the institution of any proceedings to secure claims in relation to an entity under special resolution?


(1)  OJ 2014 L 173, p. 190.
Political and Security Committee Decision (CFSP) 2023/164 of 24 January 2023 on the appointment of the Head of Mission of the European Union Mission in Armenia (EUMA) (EUMA/1/2023)
Date: 2023-01-24
Institutions: Political and Security Committee
Subjects: Armenia, EU civilian mission, appointment of members, public safety, regional security








L_2023023EN.01001801.xml










25.1.2023   


EN


Official Journal of the European Union


L 23/18








            POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2023/164
of 24 January 2023
         
on the appointment of the Head of Mission of the European Union Mission in Armenia (EUMA) (EUMA/1/2023)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 38 thereof,


Having regard to the Council Decision (CFSP) 2023/162 of 23 January 2023 on a European Union Mission in Armenia (EUMA) (1), and in particular Article 8 thereof,

Whereas:







(1)


By means of Decision (CFSP) 2023/162, the Council authorised the Political and Security Committee, in accordance with Article 38 of the Treaty on European Union, to take the relevant decisions concerning the political control and strategic direction of EUMA, including the decisions on the appointment of the Head of Mission.












(2)


The High Representative of the Union for Foreign Affairs and Security Policy proposed that Mr. Markus RITTER be appointed as Head of Mission.












(3)


A decision on the appointment of the Head of Mission should be taken,





HAS ADOPTED THIS DECISION:



Article 1
Mr. Markus RITTER is hereby appointed as Head of Mission of the European Union Mission in Armenia (EUMA) from 24 January 2023 to 20 February 2024.


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




Done at Brussels, 24 January 2023.


For the Political and Security Committee


The Chairperson

D. PRONK
            





(1)  
            OJ L 22, 24.1.2023, p. 29.
Judgment of The Court of 24 January 2023 in Case E-1/22 G. Modiano Limited and Standard Wool (UK) Limited v the EFTA Surveillance Authority State aid – Norwegian Wool Subsidy Scheme – Action for annulment of a decision of the EFTA Surveillance Authority – Rejection of a complaint – Decision taken at the end of the preliminary examination stage – Statement of reasons – No substantial alteration of existing aid) 2023/C 158/04
Date: 2023-01-24
Institutions: EFTA Court
Subjects: European Economic Area, Norway, State aid, competition policy, control of State aid, natural fibre, sheep, wool








C_2023158EN.01000901.xml










4.5.2023   


EN


Official Journal of the European Union


C 158/9






JUDGMENT OF THE COURT
of 24 January 2023
in Case E-1/22
G. Modiano Limited and Standard Wool (UK) Limited v the EFTA Surveillance Authority


State aid – Norwegian Wool Subsidy Scheme – Action for annulment of a decision of the EFTA Surveillance Authority – Rejection of a complaint – Decision taken at the end of the preliminary examination stage – Statement of reasons – No substantial alteration of existing aid)


(2023/C 158/04)
In Case E-1/22, G. Modiano Limited and Standard Wool (UK) Limited v the EFTA Surveillance Authority – APPLICATION seeking the annulment of the EFTA Surveillance Authority Decision in Case No 84045 of 9 November 2021, the Norwegian Wool Subsidy System, the Court, composed of Páll Hreinsson, President (Judge-Rapporteur), Bernd Hammermann and Ola Mestad (ad hoc), Judges, gave judgment on 24 January 2023, the operative part of which is as follows:
The Court hereby:






1.


Dismisses the action in its entirety;










2.


Orders G. Modiano Limited and Standard Wool (UK) Limited to bear their own costs and to pay jointly and severally the costs incurred by the EFTA Surveillance Authority.
Judgment of the Court of 24 January 2023 in Case E-5/22 Christian Maitz v Liechtensteinische Alters- und Hinterlassenenversicherung, Liechtensteinische Invalidenversicherung, and Liechtensteinische Familienausgleichskasse (Social security – Regulation (EC) No 883/2004 – Regulation (EC) No 987/2009 – Residence in a third country – Self-employed person – Applicability of EEA law – Recommendation of the Administrative Commission – Article 3 EEA – Principle of sincere cooperation) 2023/C 158/05
Date: 2023-01-24
Institutions: EFTA Court
Subjects: EU Member State, European Economic Area, Liechtenstein, international agreement, national, residence, self-employed person, social security legislation, survivor's benefit, third country








C_2023158EN.01001001.xml










4.5.2023   


EN


Official Journal of the European Union


C 158/10






JUDGMENT OF THE COURT
of 24 January 2023
in Case E-5/22
Christian Maitz v Liechtensteinische Alters- und Hinterlassenenversicherung, Liechtensteinische Invalidenversicherung, and Liechtensteinische Familienausgleichskasse


(Social security – Regulation (EC) No 883/2004 – Regulation (EC) No 987/2009 – Residence in a third country – Self-employed person – Applicability of EEA law – Recommendation of the Administrative Commission – Article 3 EEA – Principle of sincere cooperation)


(2023/C 158/05)
In Case E-5/22, Christian Maitz v Liechtensteinische Alters- und Hinterlassenenversicherung, Liechtensteinische Invalidenversicherung, and Liechtensteinische Familienausgleichskasse – REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Princely Court of Appeal (Fürstliches Obergericht), concerning the interpretation of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems and Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, the Court, composed of Páll Hreinsson, President (Judge-Rapporteur), Bernd Hammermann and Ola Mestad (ad hoc), Judges, gave judgment on 24 January 2023, the operative part of which is as follows:






1.


It is not a condition under Article 2(1) of Regulation (EC) No 883/2004 on the coordination of social security systems for nationals of an EEA State to also be resident in an EEA State in order to be covered by the personal scope of that regulation.
An agreement concluded by an EEA State with a third country, which aims to extend the scope of application of Regulation (EC) No 883/2004 to that third country, cannot impose the residence of an individual as a condition deviating from Articles 2(1) and 11 of that regulation.










2.


Article 19(2) of Regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 must be interpreted as not requiring an attestation to be issued exclusively in the form of a Portable Document A1 in order to produce the legal effects set out in Article 5(1) of that regulation.
Opinion of the European Economic and Social Committee on ‘Proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) 2017/745 and (EU) No 2017/746 as regards the transitional provisions for certain medical devices and in vitro diagnostic medical devices’ (COM(2023) 10 final — 2023/0005 (COD))
Date: 2023-01-24
Institutions: European Economic and Social Committee
Subjects: EC conformity marking, market approval, marketing standard, medical device, medical diagnosis, public health, quality standard, safety standard, security of supply, single market








C_2023140EN.01008401.xml










21.4.2023   


EN


Official Journal of the European Union


C 140/84






Opinion of the European Economic and Social Committee on ‘Proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) 2017/745 and (EU) No 2017/746 as regards the transitional provisions for certain medical devices and in vitro diagnostic medical devices’
(COM(2023) 10 final — 2023/0005 (COD))
(2023/C 140/14)






Referral


Council of the European Union, 23.1.2023
European Parliament, 26.1.2023




Legal basis


Articles 114 and 168(4), point (c), of the Treaty on the Functioning of the European Union




Section responsible


Single Market, Production and Consumption




Adopted at plenary


24.1.2023




Plenary session No


575




Outcome of vote
(for/against/abstentions)


190/0/2




Since the Committee endorses the content of the proposal and feels that it requires no comment on its part, it decided to issue an opinion endorsing the proposed text.

Brussels, 24 January 2023.


The President of the European Economic and Social Committee

Christa SCHWENG