do-me/EUR-LEX huggingface dataset:
Decision of the General Court of 15 February 2023 on judicial vacations
Date: 2023-02-15
Institutions: General Court
Subjects: holiday, operation of the Institutions, public holiday








C_2023104EN.01000301.xml










20.3.2023   


EN


Official Journal of the European Union


C 104/3








            DECISION OF THE GENERAL COURT
         
of 15 February 2023
         
on judicial vacations
(2023/C 104/03)


THE GENERAL COURT,

having regard to Article 41(2) of the Rules of Procedure,

HAS DECIDED:




Article 1

For the judicial year beginning on 1 September 2023, the dates of the judicial vacations within the meaning of Article 41(2) and (6) of the Rules of Procedure are as follows:






—


Christmas 2023: from Monday 18 December 2023 to Sunday 7 January 2024 inclusive,










—


Easter 2024: from Monday 25 March 2024 to Sunday 7 April 2024 inclusive,










—


Summer 2024: from Tuesday 16 July 2024 to Saturday 31 August 2024 inclusive.







Article 2

This decision shall enter into force on the day of its publication in the Official Journal of the European Union.




Luxembourg, 16 February 2023.


Registrar

E. COULON
            



President

M. VAN DER WOUDE
INFORMATION NOTICE – PUBLIC CONSULTATION Entry into force of the Agreement in the form of an exchange of letters between the European Union and the Republic of Chile concerning amendments to Appendices I, II, V and VIII to the Agreement on Trade in Wines (Annex V), annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part 2023/C 56/08
Date: 2023-02-15
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Chile, EU Member State, association agreement (EU), designation of origin, originating product, product designation, revision of an agreement, trade agreement (EU), wine








C_2023056EN.01001801.xml










15.2.2023   


EN


Official Journal of the European Union


C 56/18






INFORMATION NOTICE – PUBLIC CONSULTATION
Entry into force of the Agreement in the form of an exchange of letters between the European Union and the Republic of Chile concerning amendments to Appendices I, II, V and VIII to the Agreement on Trade in Wines (Annex V), annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part
(2023/C 56/08)
The Republic of Chile has notified its approval of the adoption of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Chile concerning amendments to Appendices I, II, V and VIII to the Agreement on Trade in Wines (Annex V), annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part.
This Agreement therefore enters into force on 9 March 2023 (1).


(1)  OJ C 287, 28.7.2022, p. 19.
Case T-260/22: Judgment of the General Court of 15 February 2023 — Freixas Montplet and Others v Committee of the Regions (Civil service — Officials — Promotion — 2021 promotion exercise — Decision not to place the applicant’s name on the list of officials eligible for promotion — Date of assessment of seniority in grade — Article 45(1) of the Staff Regulations — Equal treatment)
Date: 2023-02-15
Institutions: General Court
Subjects: European official, equal treatment, pay scale, promotion, seniority, staff assessment, staff regulations (EU)








C_2023127EN.01003801.xml










11.4.2023   


EN


Official Journal of the European Union


C 127/38






Judgment of the General Court of 15 February 2023 — Freixas Montplet and Others v Committee of the Regions
(Case T-260/22) (1)

(Civil service - Officials - Promotion - 2021 promotion exercise - Decision not to place the applicant’s name on the list of officials eligible for promotion - Date of assessment of seniority in grade - Article 45(1) of the Staff Regulations - Equal treatment)
(2023/C 127/47)
Language of the case: French

Parties


Applicants: David Freixas Montplet (Berchem-Sainte-Agathe, Belgium), Gustavo López Cutillas (Woluwe-Saint-Pierre, Belgium), Valeria Schirru (Brussels, Belgium), Svetlozar Andreev (Brussels) (represented by: L. Levi and P. Baudoux, lawyers)

Defendant: Committee of the Regions (represented by: B. Rentmeister, acting as Agent)

Re:

By their action under Article 270 TFEU, the applicants seek annulment of the list, drafted by the Committee of the Regions, of officials eligible for promotion in the 2021 promotion exercise, in so far as that list does not include their names.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Mr David Freixas Montplet, Mr Gustavo López Cutillas, Ms Valeria Schirru and Mr Svetlozar Andreev shall bear their own costs and pay those incurred by the Committee of the Regions.






(1)  OJ C 244, 27.6.2022.
Case T-684/21: Judgment of the General Court of 15 February 2023 — Mostostal v EUIPO — Polimex — Mostostal (MOSTOSTAL) (EU trade mark — Invalidity proceedings — EU word mark MOSTOSTAL — Obligation to state reasons — Article 94(1) of Regulation 2017/1001)
Date: 2023-02-15
Institutions: General Court
Subjects: EU trade mark, applied research, building materials, building services, parking area, property development, real estate business, registered trade mark, storage, trade-mark law








C_2023127EN.01003401.xml










11.4.2023   


EN


Official Journal of the European Union


C 127/34






Judgment of the General Court of 15 February 2023 — Mostostal v EUIPO — Polimex — Mostostal (MOSTOSTAL)
(Case T-684/21) (1)

(EU trade mark - Invalidity proceedings - EU word mark MOSTOSTAL - Obligation to state reasons - Article 94(1) of Regulation 2017/1001)
(2023/C 127/41)
Language of the case: English

Parties


Applicant: Mostostal S.A. (Warsaw, Poland) (represented by: C. Saettel and K. Krawczyk, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Polimex — Mostostal S.A. (Warsaw) (represented by: J. Kubalski, K. Szczudlik and M. Hyży, lawyers)

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 30 July 2021 (Case R 2508/2019-5).

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 30 July 2021 (Case R 2508/2019-5);










2.


Orders EUIPO to bear its own costs and to pay those incurred by Mostostal S.A.;










3.


Orders Polimex — Mostostal S.A. to bear its own costs.






(1)  OJ C 2, 3.1.2022.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 14 February 2023 2023/C 56/04
Date: 2023-02-15
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2023056EN.01001401.xml










15.2.2023   


EN


Official Journal of the European Union


C 56/14






Euro exchange rates (1)

14 February 2023
(2023/C 56/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0759 




JPY


Japanese yen


142,14 




DKK


Danish krone


7,4514 




GBP


Pound sterling


0,88125 




SEK


Swedish krona


11,1010 




CHF


Swiss franc


0,9870 




ISK


Iceland króna


153,30 




NOK


Norwegian krone


10,8778 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


23,749 




HUF


Hungarian forint


382,45 




PLN


Polish zloty


4,7623 




RON


Romanian leu


4,9010 




TRY


Turkish lira


20,2779 




AUD


Australian dollar


1,5411 




CAD


Canadian dollar


1,4332 




HKD


Hong Kong dollar


8,4457 




NZD


New Zealand dollar


1,6962 




SGD


Singapore dollar


1,4270 




KRW


South Korean won


1 362,59 




ZAR


South African rand


19,1656 




CNY


Chinese yuan renminbi


7,3314 




IDR


Indonesian rupiah


16 303,53 




MYR


Malaysian ringgit


4,6786 




PHP


Philippine peso


58,992 




RUB


Russian rouble


 




THB


Thai baht


36,387 




BRL


Brazilian real


5,5552 




MXN


Mexican peso


20,0122 




INR


Indian rupee


89,1227 






(1)  Source: reference exchange rate published by the ECB.
Recommendation of the European Central Bank of 15 February 2023 to the Council of the European Union on the external auditors of the Central Bank of Ireland (ECB/2023/1) 2023/C 66/01
Date: 2023-02-15
Institutions: European Central Bank
Subjects: European System of Central Banks, Ireland, accountant, auditing, central bank, euro area








C_2023066EN.01000101.xml










23.2.2023   


EN


Official Journal of the European Union


C 66/1






RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
of 15 February 2023
to the Council of the European Union on the external auditors of the Central Bank of Ireland
(ECB/2023/1)
(2023/C 66/01)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,
Whereas:






(1)


The accounts of the European Central Bank (ECB) and the national central banks of the Member States whose currency is the euro are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.










(2)


In 2016, the Central Bank of Ireland selected Mazars as its external auditors for the financial years 2016 to 2020 (1). In 2021, the mandate of Mazars as external auditors for the Central Bank of Ireland was extended for the financial years 2021 and 2022 (2).










(3)


The mandate of the Central Bank of Ireland’s current external auditors, Mazars, will end after the audit for the financial year 2022. It is therefore necessary to appoint external auditors from the financial year 2023.










(4)


The Central Bank of Ireland has selected Grant Thornton Ireland as its external auditors for the financial years 2023 to 2027, with the option to extend the mandate to the financial years 2028 and 2029,




HAS ADOPTED THIS RECOMMENDATION:
It is recommended that Grant Thornton Ireland should be appointed as the external auditors of the Central Bank of Ireland for the financial years 2023 to 2027, with the option to extend the mandate to the financial years 2028 and 2029.

Done at Frankfurt am Main, 15 February 2023.


The President of the ECB

Christine LAGARDE




(1)  Recommendation ECB/2016/29 of the European Central Bank of 28 October 2016 to the Council of the European Union on the external auditors of the Central Bank of Ireland (OJ C 413, 10.11.2016, p. 1).

(2)  Recommendation ECB/2021/44 of the European Central Bank of 29 September 2021 to the Council of the European Union on the external auditors of the Central Bank of Ireland (OJ C 403, 6.10.2021, p. 1).
Case T-74/23: Action brought on 15 February 2023 — Oriflame Cosmetics v EUIPO — Caramé Holding (Representation of a stylised O)
Date: 2023-02-15
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2023121EN.01001201.xml










3.4.2023   


EN


Official Journal of the European Union


C 121/12






Action brought on 15 February 2023 — Oriflame Cosmetics v EUIPO — Caramé Holding (Representation of a stylised O)
(Case T-74/23)
(2023/C 121/16)
Language in which the application was lodged: English

Parties


Applicant: Oriflame Cosmetics AG (Schaffhausen, Switzerland) (represented by: N. Gerling and U. Pfleghar, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Caramé Holding AG (Sulzbach, Germany)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: International registration designating the European Union in respect of a figurative mark (Representation of a stylised O) — International registration designating the European Union No 1 303 496

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 7 December 2022 in Case R 938/2022-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision and the decision of the Opposition Division of EUIPO of 4 April 2022 and refuse international registration designating the European Union No 1 303 496;










—


Order EUIPO and the intervener to pay the costs incurred by the applicant in addition to bearing their own costs.





Pleas in law







—


Infringement of Article 47(2) and (3) of Regulation (EU) 2007/1001 of the European Parliament and of the Council;










—


Infringement of Article 10(2) of Commission Delegated Regulation (EU) 2018/625.
Case T-607/20: Judgment of the General Court of 15 February 2023 — Austrian Power Grid and Others v ACER (Energy — Internal market in electricity — Framework for the European platform for the exchange of balancing energy from frequency restoration reserves with manual activation — Procedure for the adoption of terms, conditions and methodologies — Rejection of the joint proposal of the system operators — Competence of ACER — Error of law — Rights of the defence — Obligation to state reasons)
Date: 2023-02-15
Institutions: General Court
Subjects: electrical energy, energy distribution, energy grid, energy market, energy storage, rights of the defence, security of supply, trans-European network








C_2023127EN.01003101.xml










11.4.2023   


EN


Official Journal of the European Union


C 127/31






Judgment of the General Court of 15 February 2023 — Austrian Power Grid and Others v ACER
(Case T-607/20) (1)

(Energy - Internal market in electricity - Framework for the European platform for the exchange of balancing energy from frequency restoration reserves with manual activation - Procedure for the adoption of terms, conditions and methodologies - Rejection of the joint proposal of the system operators - Competence of ACER - Error of law - Rights of the defence - Obligation to state reasons)
(2023/C 127/37)
Language of the case: English

Parties


Applicants: Austrian Power Grid AG (Vienna, Austria), and the 7 other applicants whose names are listed in the annex to the judgment (represented by: M. Levitt, lawyer, B. Byrne and D. Jubrail, Solicitors)

Defendant: European Union Agency for the Cooperation of Energy Regulators (represented by: E. Ameye, lawyer, A. Tellidou and E. Tremmel, acting as Agents)

Re:

By their action under Article 263 TFEU, the applicants seek the annulment of the decision of the Board of Appeal of the European Union Agency for the Cooperation of Energy Regulators (ACER) of 16 July 2020 confirming ACER Decision No 03/2020 of 24 January 2020 on the Implementation framework for the European platform for the exchange of balancing energy from frequency restoration reserves with manual activation (‘the mFRR platform’) and rejecting their appeals in Case A-002-2020 (consolidated), in so far as that decision concerns them, and the annulment of Article 1 of Decision No 03/2020 and Article 3(3) and (5)(b), Article 4(6), Article 6, Article 11(1)(c) and (2)(c) and Article 12 of the mFRR platform implementation framework, as set out in Annex I to Decision No 03/2020.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Austrian Power Grid AG and the other applicants whose names are listed in the annex to pay the costs.






(1)  OJ C 414, 30.11.2020.
Case T-77/22: Judgment of the General Court of 15 February 2023 — Asesores Comunitarios v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the recovery and resilience plan submitted by a Member State to the Commission — Documents originating from a Member State — Refusal to grant access — Exception relating to the financial, monetary or economic policy of the European Union or of a Member State)
Date: 2023-02-15
Institutions: General Court
Subjects: Spain, access to EU information, economic policy, economic recovery








C_2023127EN.01003601.xml










11.4.2023   


EN


Official Journal of the European Union


C 127/36






Judgment of the General Court of 15 February 2023 — Asesores Comunitarios v Commission
(Case T-77/22) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to the recovery and resilience plan submitted by a Member State to the Commission - Documents originating from a Member State - Refusal to grant access - Exception relating to the financial, monetary or economic policy of the European Union or of a Member State)
(2023/C 127/44)
Language of the case: English

Parties


Applicant: Asesores Comunitarios, SL (Madrid, Spain) (represented by: J. Monrabà Bagan, lawyer)

Defendant: European Commission (represented by: A. Spina, T. Adamopoulos and M. Burón Pérez, acting as Agents)

Intervener in support of the defendant: Kingdom of Spain (represented by: A. Gavela Llopis and L. Aguilera Ruiz, acting as Agents)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of the decision of the European Commission of 3 December 2021 refusing it access to certain documents originating from the Kingdom of Spain, requested under Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Asesores Comunitarios, SL to bear its own costs and to pay those incurred by the European Commission;










3.


Orders the Kingdom of Spain to bear its own costs.






(1)  OJ C 138, 28.3.2022.
Case T-175/21: Judgment of the General Court of 15 February 2023 — RH v Commission (Instrument for Pre-Accession Assistance — Financial Regulation — Investigation by OLAF — Commission decision imposing an administrative penalty — Exclusion from procurement and grant award procedures funded by the general budget of the European Union and by the EDF — Entry on the database of the early detection and exclusion system — Grave professional misconduct — Manifest error of assessment — Non-contractual liability — Sufficiently serious breach of a rule of law conferring rights on individuals)
Date: 2023-02-15
Institutions: General Court
Subjects: European Anti-fraud Office, European Development Fund, administrative sanction, award of contract, damages, pre-accession aid, public procurement, rule of law, sanction (EU)








C_2023134EN.01000901.xml










17.4.2023   


EN


Official Journal of the European Union


C 134/9






Judgment of the General Court of 15 February 2023 — RH v Commission
(Case T-175/21) (1)

(Instrument for Pre-Accession Assistance - Financial Regulation - Investigation by OLAF - Commission decision imposing an administrative penalty - Exclusion from procurement and grant award procedures funded by the general budget of the European Union and by the EDF - Entry on the database of the early detection and exclusion system - Grave professional misconduct - Manifest error of assessment - Non-contractual liability - Sufficiently serious breach of a rule of law conferring rights on individuals)
(2023/C 134/11)
Language of the case: English

Parties


Applicant: RH (represented by: L. Levi, lawyer)

Defendant: European Commission (represented by: J. Estrada de Solà, P. Rossi and R. Pethke, Agents)

Re:

By its action, the applicant seeks, first, on the basis of Article 263 TFEU, the annulment of the decision of the European Commission of 18 February 2021 excluding it from participating in award procedures for public procurement and grants governed by the EU budget and by the 11th European Development Fund or from being selected for implementing EU funds under Regulation (EU, Euratom) 2018/1046 and for implementing funds under the European Development Fund governed by Regulation (EU) 2018/1877 and, secondly, on the basis of Article 268 TFEU, compensation for the damage which it allegedly suffered as a result.

Operative part of the judgment

The Court:






1.


Annuls the decision of the European Commission of 18 February 2021 excluding RH from participating in award procedures for public procurement and grants governed by the EU budget and by the 11th European Development Fund or from being selected for implementing EU funds under Regulation (EU, Euratom) 2018/1046 and for implementing funds under the European Development Fund governed by Regulation (EU) 2018/1877;










2.


Dismisses the action as to the remainder;










3.


Orders each party to bear its own costs.






(1)  OJ C 206, 31.5.2021.
Case C-87/23, Latvijas Informācijas un komunikācijas tehnoloģijas asociācija: Request for a preliminary ruling from the Administratīvā apgabaltiesa (Latvia) lodged on 15 February 2023 — Biedrība ‘Latvijas Informācijas un komunikācijas tehnoloģijas asociācija’ v Valsts ieņēmumu dienests
Date: 2023-02-15
Institutions: Court of Justice
Subjects: European Regional Development Fund, State aid, VAT, association, economic activity, financial aid, non-profit organisation, provision of services, taxpayer, vocational training








C_2023173EN.01001901.xml










15.5.2023   


EN


Official Journal of the European Union


C 173/19






Request for a preliminary ruling from the Administratīvā apgabaltiesa (Latvia) lodged on 15 February 2023 — Biedrība ‘Latvijas Informācijas un komunikācijas tehnoloģijas asociācija’ v Valsts ieņēmumu dienests
(Case C-87/23, Latvijas Informācijas un komunikācijas tehnoloģijas asociācija)
(2023/C 173/27)
Language of the case: Latvian

Referring court

Administratīvā apgabaltiesa

Parties to the main proceedings


Applicant: Biedrība ‘Latvijas Informācijas un komunikācijas tehnoloģijas asociācija’

Defendant: Valsts ieņēmumu dienests

Questions referred







(1)


Must Article 9(1) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (1) be interpreted as meaning that a not-for-profit organisation whose activity is aimed at implementing State aid schemes financed by the European Regional Development Fund is to be treated as a taxable person who carries out an economic activity?










(2)


Must Article 28 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax be interpreted as meaning that an association which does not actually supply training services is nevertheless to be equated with a supplier of services where the services were acquired from another economic operator in order to ensure the implementation of a State aid project financed by the European Regional Development Fund?










(3)


Pursuant to Article 73 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, if a supplier of services receives only partial consideration from the recipient of the service for the service supplied (30 %) but the remaining cost of the service is covered by an aid payment from the European Regional Development Fund, is the taxable consideration the total amount received by the supplier of services from both the recipient of the service and a third party in the form of an aid payment?






(1)  OJ 2006 L 347, p. 1.