do-me/EUR-LEX huggingface dataset:
Case C-101/23 P: Appeal brought on 20 February 2023 by PNB Banka AS against the judgment of the General Court (Fourth Chamber, Extended Composition) delivered on 7 December 2022 in Case T-330/19, PNB Banka v ECB
Date: 2023-02-20
Institutions: Court of Justice
Subjects: EU banking union, Latvia, bank, banking supervision, right to justice, shareholding








C_2023155EN.01003702.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/37






Appeal brought on 20 February 2023 by PNB Banka AS against the judgment of the General Court (Fourth Chamber, Extended Composition) delivered on 7 December 2022 in Case T-330/19, PNB Banka v ECB
(Case C-101/23 P)
(2023/C 155/49)
Language of the case: English

Parties


Appellant: PNB Banka AS (represented by: O. Behrends, Rechtsanwalt)

Other parties to the proceedings: European Central Bank (ECB), European Commission

Form of order sought

The appellant claims that the Court should:






—


set aside the judgment under appeal;










—


declare void the decision, notified by letter of 21 March 2019, by which the ECB decided to oppose the transaction consisting of the acquisition of qualifying holdings in B;










—


order the ECB to pay the appellant's costs and the costs of this appeal, and










—


to the extent that the Court of Justice is not in a position to rule on the substance, refer the case back to the General Court.





Pleas in law and main arguments

In support of the appeal, the appellant relies on a single plea in law alleging that the judgement under appeal is procedurally flawed because the General Court did not deal appropriately with the issue of the representation of the appellant in the context of the procedure in front of the General Court.
The General Court erred when it assumed that an issue with respect to the integrity of the procedure in front of the General Court is not a problem as long as it can be argued that the problem would not exist if, hypothetically, Latvia complied with its obligations. It thereby violated the principle that legal protection must not be merely theoretical and illusory and thereby violated Article 47 of the Charter.
Council Decision (CFSP) 2023/389 of 20 February 2023 launching the European Union military partnership mission in Niger (EUMPM Niger)
Date: 2023-02-20
Institutions: Council of the European Union
Subjects: EU military mission, Niger, human rights, international humanitarian law, military cooperation, terrorism








L_2023053EN.01003901.xml










21.2.2023   


EN


Official Journal of the European Union


L 53/39








            COUNCIL DECISION (CFSP) 2023/389
of 20 February 2023
         
launching the European Union military partnership mission in Niger (EUMPM Niger)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 42(4) and 43(2) thereof,


Having regard to Council Decision (CFSP) 2022/2444 of 12 December 2022 on a European Union military partnership mission in Niger (EUMPM Niger) (1),


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 12 December 2022, the Council adopted Decision (CFSP) 2022/2444 on a European Union military partnership mission in Niger (EUMPM Niger).












(2)


On 14 February 2023, the Political and Security Committee agreed that the Mission Plan and the Rules of Engagement concerning EUMPM Niger should be approved.












(3)


Following the recommendation of the EU Mission Commander, the Mission should be launched on 20 February 2023,





HAS ADOPTED THIS DECISION:



Article 1
The Mission Plan and the Rules of Engagement concerning the European Union military partnership mission in Niger (EUMPM Niger) are hereby approved.


Article 2
EUMPM Niger shall be launched on 20 February 2023.


Article 3
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 20 February 2023.


For the Council


The President

J. BORRELL FONTELLES
            





(1)  
            OJ L 319, 13.12.2022, p. 86.
Case C-100/23 P: Appeal brought on 20 February 2023 by PNB Banka AS against the judgment of the General Court (Fourth Chamber, Extended Composition) delivered on 7 December 2022 in Case T-301/19, PNB Banka v ECB
Date: 2023-02-20
Institutions: Court of Justice
Subjects: EU banking union, Latvia, bank, banking supervision, right to justice








C_2023155EN.01003701.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/37






Appeal brought on 20 February 2023 by PNB Banka AS against the judgment of the General Court (Fourth Chamber, Extended Composition) delivered on 7 December 2022 in Case T-301/19, PNB Banka v ECB
(Case C-100/23 P)
(2023/C 155/48)
Language of the case: English

Parties


Appellant: PNB Banka AS (represented by: O. Behrends, Rechtsanwalt)

Other party to the proceedings: European Central Bank (ECB)

Form of order sought

The appellant claims that the Court should:






—


set aside the judgment under appeal;










—


declare void the decision of the ECB, notified by letter of 1 March 2019, to classify the appellant as a significant entity subject to its direct prudential supervision;










—


order the ECB to pay the appellant's costs and the costs of this appeal, and










—


to the extent that the Court of Justice is not in a position to rule on the substance, refer the case back to the General Court.





Pleas in law and main arguments

In support of the appeal, the appellant relies on a single plea in law alleging that the judgement under appeal is procedurally flawed because the General Court did not deal appropriately with the issue of the representation of the appellant in the context of the procedure in front of the General Court.
The General Court erred when it assumed that an issue with respect to the integrity of the procedure in front of the General Court is not a problem as long as it can be argued that the problem would not exist if, hypothetically, Latvia complied with its obligations. It thereby violated the principle that legal protection must not be merely theoretical and illusory and thereby violated Article 47 of the Charter.
Notice of the impending expiry of certain anti-subsidy measures 2023/C 62/04
Date: 2023-02-20
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: China, bus, commercial vehicle, countervailing charge, import (EU), originating product, pneumatic tyre








C_2023062EN.01000401.xml










20.2.2023   


EN


Official Journal of the European Union


C 62/4






Notice of the impending expiry of certain anti-subsidy measures
(2023/C 62/04)

1.   

As provided for in Article 18(4) of Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (1), the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the countervailing measures mentioned below will expire on the date mentioned in the table below.


2.   Procedure

Union producers may submit a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of subsidisation and injury. Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit G-1), CHAR 4/39, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.








4.


This notice is published in accordance with Article 18(4) of Regulation (EU) 2016/1037.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry (3)





Certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries and with a load index exceeding 121


The People’s Republic of China


Anti-subsidy duty


Commission Implementing Regulation (EU) 2018/1690 of 9 November 2018 imposing definitive countervailing duties on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries and with a load index exceeding 121 originating in the People’s Republic of China and amending Commission Implementing Regulation (EU) 2018/1579 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in the People’s Republic of China and repealing Implementing Regulation (EU) 2018/163
(OJ L 283, 12.11.2018, p. 1).


13.11.2023










(1)  OJ L 176, 30.6.2016, p. 55.

(2)  TRADE-Defence-Complaints@ec.europa.eu

(3)  The measure expires at midnight (00:00) of the day mentioned in this column.
Case C-94/23 P: Appeal brought on 20 February 2023 by Puma SE against the judgment of the General Court (Sixth Chamber) delivered on 7 December 2022 in Case T-623/21, Puma SE v European Union Intellectual Property Office
Date: 2023-02-20
Institutions: Court of Justice
Subjects: EU trade mark, air conditioning, heating, registered trade mark, solar collector, thermal equipment, trade-mark law








C_2023321EN.01001802.xml










11.9.2023   


EN


Official Journal of the European Union


C 321/18






Appeal brought on 20 February 2023 by Puma SE against the judgment of the General Court (Sixth Chamber) delivered on 7 December 2022 in Case T-623/21, Puma SE v European Union Intellectual Property Office
(Case C-94/23 P)
(2023/C 321/22)
Language of the case: German

Parties


Appellant: Puma SE (represented by: M. Schunke and P. Trieb, lawyers)

Other parties to the proceedings: European Union Intellectual Property Office, Vaillant GmbH
The Court of Justice (Chamber determining whether appeals may proceed) held on 17 July 2023 that the appeal was not allowed to proceed and that Puma SE should bear its own costs.
Council Decision (CFSP) 2023/386 of 20 February 2023 launching the European Union Mission in Armenia (EUMA) and amending Decision (CFSP) 2023/162
Date: 2023-02-20
Institutions: Council of the European Union
Subjects: Armenia, EU civilian mission, common security and defence policy, public safety, regional security




L_2023053EN.01001701.xml










21.2.2023   


EN


Official Journal of the European Union


L 53/17








            COUNCIL DECISION (CFSP) 2023/386
of 20 February 2023
         
launching the European Union Mission in Armenia (EUMA) and amending Decision (CFSP) 2023/162


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 42(4) and Article 43(2) thereof,


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


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 23 January 2023, the Council adopted Decision (CFSP) 2023/162.












(2)


On 14 February 2023, the Political and Security Committee agreed that the Operation Plan (OPLAN) for the European Union Mission in Armenia (EUMA) should be approved.












(3)


Following the recommendation of the Civilian Operation Commander, and having achieved initial operational capability, EUMA should be launched on 20 February 2023. The Mission is to continue until 19 February 2025.












(4)


Decision (CFSP) 2023/162 provided a financial reference amount to cover expenditure related to EUMA during the first four months following the entry into force of that Decision. The reference amount should be revised to cover the period until 19 February 2025.












(5)


Decision (CFSP) 2023/162 should be amended accordingly.












(6)


EUMA will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty on European Union,





HAS ADOPTED THIS DECISION:



Article 1
The Operation Plan (OPLAN) for the European Union Mission in Armenia (EUMA) is hereby approved.


Article 2
EUMA shall be launched on 20 February 2023.


Article 3
The Civilian Operation Commander of EUMA is hereby authorised with immediate effect to start the execution of the Mission.


Article 4
Article 13(1) of Decision (CFSP) 2023/162 is replaced by the following:


‘1.   The financial reference amount intended to cover the expenditure related to EUMA for the period from 23 January 2023 until 19 February 2025 shall be EUR 30 751 150,36. The financial reference amount for any subsequent period shall be decided by the Council.’.




Article 5
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 20 February 2023.


For the Council


The President

J. BORRELL FONTELLES
            





(1)  
            OJ L 22, 24.1.2023, p. 29.
Case T-87/23: Action brought on 20 February 2023 — Biogena v EUIPO (THE GOOD GUMS)
Date: 2023-02-20
Institutions: General Court
Subjects: EU trade mark, aromatic plant, baby food, dietary product, food additive, food supplement, medical plant, registered trade mark, tea, trade-mark law








C_2023121EN.01001601.xml










3.4.2023   


EN


Official Journal of the European Union


C 121/16






Action brought on 20 February 2023 — Biogena v EUIPO (THE GOOD GUMS)
(Case T-87/23)
(2023/C 121/22)
Language of the case: English

Parties


Applicant: Biogena GmbH & Co. KG (Salzburg, Austria) (represented by: I. Schiffer, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: International registration designating the European Union in respect of the figurative mark THE GOOD GUMS — International registration No 1 632 678 designating the European Union

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 13 December 2022 in Case R 1690/2022-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


grant the registration of the international registration No 1 632 678 for all applied goods;










—


order EUIPO to pay the costs.





Plea in law







—


Infringement of Article 7(1)(b) and (c) in conjunction with Article 7(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Case T-88/23: Action brought on 20 February 2023 — Kande Mupompa v Council
Date: 2023-02-20
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, economic sanctions, international sanctions, natural person, rights of the defence








C_2023127EN.01005401.xml










11.4.2023   


EN


Official Journal of the European Union


C 127/54






Action brought on 20 February 2023 — Kande Mupompa v Council
(Case T-88/23)
(2023/C 127/66)
Language of the case: French

Parties


Applicant: Alex Kande Mupompa (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf and A. Guillerme, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


annul Council Decision (CFSP) 2022/2412 of 8 December 2022, (1) in so far as the applicant remains at No 5 in the annex to that decision;










—


annul Council Implementing Regulation (EU) 2022/2401 of 8 December 2022, (2) in so far as the applicant remains at No 5 in Annex I to that regulation;










—


order the Council to pay the costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging infringement of the right of defence. In that respect, the applicant raises a number of complaints regarding the infringement of his rights in the course of the procedures that led the Council to adopt and renew the restrictive measures against him and, in particular, the infringement of his right to be heard under acceptable conditions.










2.


Second plea in law, alleging that the Council committed a manifest error of assessment regarding the applicant’s involvement in acts constituting serious human rights breaches in the Democratic Republic of the Congo. The applicant criticises the context of the review, which preceded the contested renewal of the restrictive measures and disputes any current involvement in the events underpinning the decision to include him in the list of persons covered by Decision 2010/788/CFSP.






(1)  Council Decision (CFSP) 2022/2412 of 8 December 2022 amending Decision 2010/788/CFSP concerning restrictive measures in view of the situation in the Democratic Republic of the Congo (OJ 2022 L 317, p. 122).

(2)  Council Implementing Regulation (EU) 2022/2401 of 8 December 2022 implementing Article 9 of Regulation (EC) No 1183/2005 concerning restrictive measures in view of the situation in the Democratic Republic of the Congo (OJ 2022 L 317, p. 32).
Case T-85/23: Action brought on 20 February 2023 — DGC Switzerland v EUIPO (cyberscan)
Date: 2023-02-20
Institutions: General Court
Subjects: EU trade mark, compliance audit, database, information technology, information technology applications, provision of services, registered trade mark, software, trade-mark law








C_2023127EN.01005302.xml










11.4.2023   


EN


Official Journal of the European Union


C 127/53






Action brought on 20 February 2023 — DGC Switzerland v EUIPO (cyberscan)
(Case T-85/23)
(2023/C 127/65)
Language of the case: German

Parties


Applicant: DGC Switzerland AG (Zurich, Switzerland) (represented by: N. Medler, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: Application for the EU word mark ‘cyberscan’ — Application No 18 607 123

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 19 December 2022 in Case R 1587/2022-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


remit the case back to the examiner.





Pleas in law







—


Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Non-opposition to a notified concentration (Case M.11018 – COMPAGNIA SIDERURGICA ITALIANA / STEELAG DEUTSCHLAND) (Text with EEA relevance) 2023/C 78/01
Date: 2023-02-20
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, iron and steel industry, merger control, wire








C_2023078EN.01000101.xml










2.3.2023   


EN


Official Journal of the European Union


C 78/1






Non-opposition to a notified concentration
(Case M.11018 – COMPAGNIA SIDERURGICA ITALIANA / STEELAG DEUTSCHLAND)
(Text with EEA relevance)
(2023/C 78/01)
On 20 February 2023, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32023M11018. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-99/23 P: Appeal brought on 20 February 2023 by PNB Banka AS against the judgment of the General Court (Fourth Chamber, Extended Composition) delivered on 7 December 2022 in Case T-275/19, PNB Banka v ECB
Date: 2023-02-20
Institutions: Court of Justice
Subjects: EU banking union, Latvia, bank, banking supervision, credit institution, right to justice








C_2023155EN.01003601.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/36






Appeal brought on 20 February 2023 by PNB Banka AS against the judgment of the General Court (Fourth Chamber, Extended Composition) delivered on 7 December 2022 in Case T-275/19, PNB Banka v ECB
(Case C-99/23 P)
(2023/C 155/47)
Language of the case: English

Parties


Appellant: PNB Banka AS (represented by: O. Behrends, Rechtsanwalt)

Other parties to the proceedings: European Central Bank (ECB), European Commission

Form of order sought

The appellant claims that the Court should:






—


set aside the judgment under appeal;










—


declare void the decision of the ECB, notified by letter of 14 February 2019, to conduct an on-site inspection at the appellant’s premises;










—


order the ECB to pay the appellant's costs and the costs of this appeal, and










—


to the extent that the Court of Justice is not in a position to rule on the substance, refer the case back to the General Court.





Pleas in law and main arguments

In support of the appeal, the appellant relies on a single plea in law alleging that the judgement under appeal is procedurally flawed because the General Court did not deal appropriately with the issue of the representation of the appellant in the context of the procedure in front of the General Court.
The General Court erred when it assumed that an issue with respect to the integrity of the procedure in front of the General Court is not a problem as long as it can be argued that the problem would not exist if, hypothetically, Latvia complied with its obligations. It thereby violated the principle that legal protection must not be merely theoretical and illusory and thereby violated Article 47 of the Charter.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 17 February 2023 2023/C 62/03
Date: 2023-02-20
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2023062EN.01000301.xml










20.2.2023   


EN


Official Journal of the European Union


C 62/3






Euro exchange rates (1)

17 February 2023
(2023/C 62/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0625 




JPY


Japanese yen


143,18 




DKK


Danish krone


7,4464 




GBP


Pound sterling


0,88888 




SEK


Swedish krona


11,1983 




CHF


Swiss franc


0,9896 




ISK


Iceland króna


154,10 




NOK


Norwegian krone


11,0150 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


23,715 




HUF


Hungarian forint


386,61 




PLN


Polish zloty


4,7773 




RON


Romanian leu


4,9165 




TRY


Turkish lira


20,0478 




AUD


Australian dollar


1,5560 




CAD


Canadian dollar


1,4366 




HKD


Hong Kong dollar


8,3349 




NZD


New Zealand dollar


1,7123 




SGD


Singapore dollar


1,4231 




KRW


South Korean won


1 383,32 




ZAR


South African rand


19,2650 




CNY


Chinese yuan renminbi


7,3081 




IDR


Indonesian rupiah


16 160,70 




MYR


Malaysian ringgit


4,7090 




PHP


Philippine peso


58,831 




RUB


Russian rouble


 




THB


Thai baht


36,741 




BRL


Brazilian real


5,5487 




MXN


Mexican peso


19,7313 




INR


Indian rupee


88,0210 






(1)  Source: reference exchange rate published by the ECB.