do-me/EUR-LEX huggingface dataset:
Case T-96/22: Judgment of the General Court of 8 March 2023– Kampete v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territories of the Member States — Retention of the applicant’s name on the lists of persons covered — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures)
Date: 2023-03-08
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, arms trade, economic sanctions, freezing of assets, international sanctions, natural person, removal, rights of the defence








C_2023155EN.01005601.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/56






Judgment of the General Court of 8 March 2023– Kampete v Council
(Case T-96/22) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Restriction on admission to the territories of the Member States - Retention of the applicant’s name on the lists of persons covered - Right to be heard - Proof that inclusion and retention on the lists is well founded - Manifest error of assessment - Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures)
(2023/C 155/72)
Language of the case: French

Parties


Applicant: Ilunga Kampete (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, A. Guillerme and T. Payan, lawyers)

Defendant: Council of the European Union (represented by: B. Driessen and M.-C. Cadilhac, acting as Agents)

Re:

By his action under Article 263 TFEU, the applicant seeks the annulment, first, of Council Decision (CFSP) 2021/2181 of 9 December 2021 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2021 L 443, p. 75) and, second, of Council Implementing Regulation (EU) 2021/2177 of 9 December 2021, implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2021 L 443, p. 3), in so far as those acts concern him.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Ilunga Kampete to pay the costs.






(1)  OJ C 148, 4.4.2022.
Case T-93/22: Judgment of the General Court of 8 March 2023 — Ramazani Shadary v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territories of the Member States — Retention of the applicant’s name on the lists of persons covered — Proof that inclusion and retention on the lists is well founded — Change of the factual and legal circumstances which led to the adoption of the restrictive measures)
Date: 2023-03-08
Institutions: General Court
Subjects: Democratic Republic of the Congo, EU restrictive measure, arms trade, economic sanctions, freezing of assets, international sanctions, natural person, removal








C_2023155EN.01005402.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/54






Judgment of the General Court of 8 March 2023 — Ramazani Shadary v Council
(Case T-93/22) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Restriction on admission to the territories of the Member States - Retention of the applicant’s name on the lists of persons covered - Proof that inclusion and retention on the lists is well founded - Change of the factual and legal circumstances which led to the adoption of the restrictive measures)
(2023/C 155/70)
Language of the case: French

Parties


Applicant: Emmanuel Ramazani Shadary (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, A. Guillerme and T. Payan, lawyers)

Defendant: Council of the European Union (represented by: S. Lejeune and B. Driessen, acting as Agents)

Re:

By his action under Article 263 TFEU, the applicant seeks the annulment, first, of Council Decision (CFSP) 2021/2181 of 9 December 2021 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2021 L 443, p. 75) and, second, of Council Implementing Regulation (EU) 2021/2177 of 9 December 2021, implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2021 L 443, p. 3), in so far as those acts concern him.

Operative part of the judgment

The Court:






1.


Annuls Council Decision (CFSP) 2021/2181 of 9 December 2021 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo and Council Implementing Regulation (EU) 2021/2177 of 9 December 2021, implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo in so far as those acts concern Mr Emmanuel Ramazani Shadary;










2.


Orders the Council of the European Union to pay the costs.






(1)  OJ C 148, 4.4.2022.
Case T-100/21: Judgment of the General Court of 8 March 2023 — Sánchez-Gavito León v Council and Commission (International Cotton Advisory Committee — Decision (EU) 2017/876 — Staff of an international organisation to which the European Union has acceded — Agreement on the applicant’s conditions of departure — Actions for failure to act — Absence in part of invitation to act — No standing to bring proceedings — Inadmissibility — Liability — Causal link)
Date: 2023-03-08
Institutions: General Court
Subjects: admissibility, cotton, damages, fundamental rights, harassment at work, indemnification, international organisation, legal expenses, operation of the Institutions, right to justice








C_2023155EN.01004801.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/48






Judgment of the General Court of 8 March 2023 — Sánchez-Gavito León v Council and Commission
(Case T-100/21) (1)

(International Cotton Advisory Committee - Decision (EU) 2017/876 - Staff of an international organisation to which the European Union has acceded - Agreement on the applicant’s conditions of departure - Actions for failure to act - Absence in part of invitation to act - No standing to bring proceedings - Inadmissibility - Liability - Causal link)
(2023/C 155/60)
Language of the case: English

Parties


Applicant: Maria del Carmen Sánchez-Gavito León (Reston, Virginia, United States), (represented by: M. Veissiere, lawyer)

Defendants: Council of the European Union (represented by: A. Antoniadis, M. Bauer and A. Boggio-Tomasaz, acting as Agents), European Commission (represented by: T. Lilamand and M. Monfort, acting as Agents)

Re:

By her action under Articles 265 and 268 TFEU, the applicant seeks, first, a declaration that the failure to act of the Council of the European Union and of the European Commission was unlawful in so far as those institutions unlawfully refrained from acting following the formal call for action addressed to them by the applicant, a Spanish national and former staff member of the International Cotton Advisory Committee (ICAC) to which the European Union acceded by the adoption of Council Decision (EU) 2017/876 of 18 May 2017 on the accession of the European Union to the International Cotton Advisory Committee (ICAC) (OJ 2017 L 134, p. 23) and, second, compensation for the harm she allegedly suffered on account of the conduct of the Council, of the Commission and of their agents, which she claims failed to act even though they were aware of the harassment to which the applicant claims she was subjected by the Executive Director of the ICAC (‘the Executive Director’) and that director’s failure to adhere to the agreement on the applicant’s conditions of departure from the ICAC (‘the agreement on the conditions of departure’), and the absence of any means of redress by which the applicant could state her claim.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Ms María del Carmen Sánchez-Gavito León to pay the costs.






(1)  OJ C 182, 10.5.2021.
Case T-235/21: Judgment of the General Court of 8 March 2023 — Bulgaria v Commission (EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by Bulgaria — Promotional activities — OLAF investigation report — Conformity clearance — Obligation to state reasons)
Date: 2023-03-08
Institutions: General Court
Subjects: EAFRD, EAGF, agricultural expenditure, aid to agriculture, eligibility criteria








C_2023155EN.01004802.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/48






Judgment of the General Court of 8 March 2023 — Bulgaria v Commission
(Case T-235/21) (1)

(EAGF and EAFRD - Expenditure excluded from financing - Expenditure incurred by Bulgaria - Promotional activities - OLAF investigation report - Conformity clearance - Obligation to state reasons)
(2023/C 155/61)
Language of the case: Bulgarian

Parties


Applicant: Republic of Bulgaria (represented by: T. Mitova and L. Zaharieva, acting as Agents)

Defendant: European Commission (represented by: G. Koleva, J. Aquilina and A. Sauka, acting as Agents)

Re:

By its action under Article 263 TFEU, the Republic of Bulgaria seeks annulment of Commission Implementing Decision (EU) 2021/261, of 17 February 2021, excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD), in so far as it concerns certain expenditure that the Republic of Bulgaria incurred.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Republic of Bulgaria to pay the costs.






(1)  OJ C 263, 5.7.2021.
Case T-123/23: Action brought on 8 March 2023 — VA v Commission
Date: 2023-03-08
Institutions: General Court
Subjects: dependant, educational institution, equal treatment, family benefit, parental allowance, payment, principle of legal certainty








C_2023134EN.01002401.xml










17.4.2023   


EN


Official Journal of the European Union


C 134/24






Action brought on 8 March 2023 — VA v Commission
(Case T-123/23)
(2023/C 134/32)
Language of the case: French

Parties


Applicant: VA (represented by: N. de Montigny, lawyer)

Defendant: European Commission

Forms of order sought

The applicant claims that the General Court should:






—


annul the decision of the PMO of 11 May 2022 which removes the applicant’s entitlement to receive dependent child and education allowances as of 1 July 2021, and thereby removes the tax abatement associated with the dependent child allowance;










—


annul the decision of PMO.1 of 13 June 2022 informing the applicant of the recovery, pursuant to Article 85 of the Staff Regulations, of an amount of EUR 3 500;










—


order the defendant to pay the applicant compensation in the amount of EUR 2 441,84;










—


order the defendant to pay the costs.





Pleas in law and main arguments

In support of his action against the decision of 11 May 2022, the applicant relies on three pleas in law.






1.


First plea in law, alleging misinterpretation of the concepts of dependent child and attendance at an educational establishment, which entitle the applicant to receive education and dependent child allowances until the end of the school year.










2.


Second plea in law, alleging inequality of treatment, by the Office for the Administration and Payment of Individual Entitlements (PMO), between children who completed their university education in the first session and those who completed their university education in the second session.










3.


Third plea in law, alleging infringement of the principle of legal certainty and of the principle of sound administration.




In support of his action against the decision of 13 June 2022, the applicant relies on two pleas in law.






1.


First, and principal, plea in law, alleging that the applicant was entitled to receive education and dependent child allowances in respect of his daughter for the period of 1 July to 30 September 2021.










2.


Second plea in law, alleging, in the alternative, that the payment of EUR 3 500 had a cause and was not irregular. Even if the payment had been irregular, the applicant takes the view that it is appropriate to find that he had no knowledge of the irregular nature of the payment and, in any case, the irregularity was in no way obvious, with the result that he could legitimately have believed that the payment was regular.
Case T-172/22: Judgment of the General Court of 8 March 2023 — Gönenç v EUIPO — Solar (termorad ALUMINIUM PANEL RADIATOR) (EU trade mark — Opposition proceedings — Application for EU figurative mark TERMORAD ALUMINIUM PANEL RADIATOR — Earlier Benelux word mark THERMRAD — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
Date: 2023-03-08
Institutions: General Court
Subjects: EU trade mark, air conditioning, heating, lighting equipment, registered trade mark, trade-mark law








C_2023155EN.01005701.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/57






Judgment of the General Court of 8 March 2023 — Gönenç v EUIPO — Solar (termorad ALUMINIUM PANEL RADIATOR)
(Case T-172/22) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark TERMORAD ALUMINIUM PANEL RADIATOR - Earlier Benelux word mark THERMRAD - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2023/C 155/74)
Language of the case: English

Parties


Applicant: Salim Selahaddin Gönenç (Konya, Türkiye) (represented by: V. Martín Santos, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Eberl and J. Ivanauskas, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Solar A/S (Vejen, Denmark) (represented by L. Elmgaard Sørensen, lawyer)

Re:

By his action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 18 January 2022 (Case R 770/2021-2).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Salim Selahaddin Gönenç to bear his own costs and to pay those incurred in the present proceedings by the European Union Intellectual Property Office (EUIPO) and by Solar A/S.






(1)  OJ C 207, 23.5.2022.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 7 March 2023 2023/C 86/08
Date: 2023-03-08
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2023086EN.01000901.xml










8.3.2023   


EN


Official Journal of the European Union


C 86/9






Euro exchange rates (1)

7 March 2023
(2023/C 86/08)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0665 




JPY


Japanese yen


145,21 




DKK


Danish krone


7,4426 




GBP


Pound sterling


0,88968 




SEK


Swedish krona


11,2285 




CHF


Swiss franc


0,9959 




ISK


Iceland króna


149,90 




NOK


Norwegian krone


11,1935 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


23,495 




HUF


Hungarian forint


377,38 




PLN


Polish zloty


4,6898 




RON


Romanian leu


4,9178 




TRY


Turkish lira


20,1736 




AUD


Australian dollar


1,6002 




CAD


Canadian dollar


1,4552 




HKD


Hong Kong dollar


8,3719 




NZD


New Zealand dollar


1,7229 




SGD


Singapore dollar


1,4357 




KRW


South Korean won


1 392,09 




ZAR


South African rand


19,5975 




CNY


Chinese yuan renminbi


7,3975 




IDR


Indonesian rupiah


16 403,79 




MYR


Malaysian ringgit


4,7699 




PHP


Philippine peso


58,721 




RUB


Russian rouble


 




THB


Thai baht


36,917 




BRL


Brazilian real


5,5224 




MXN


Mexican peso


19,2065 




INR


Indian rupee


87,2625 






(1)  Source: reference exchange rate published by the ECB.
Case T-372/21: Judgment of the General Court of 8 March 2023 — Sympatex Technologies v EUIPO — Liwe Española (Sympathy Inside) (EU trade mark — Opposition proceedings — Application for EU word mark Sympathy Inside — Earlier EU word mark INSIDE. — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Genuine use of the earlier mark — Point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009 (now point (a) of the second subparagraph of Article 18(1) of Regulation 2017/1001) — No alteration of distinctive character)
Date: 2023-03-08
Institutions: General Court
Subjects: EU trade mark, clothing, distance selling, non-woven fabric, polishing and scouring preparations, registered trade mark, retail selling, textile product, trade-mark law, wholesale selling








C_2023155EN.01004901.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/49






Judgment of the General Court of 8 March 2023 — Sympatex Technologies v EUIPO — Liwe Española (Sympathy Inside)
(Case T-372/21) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark Sympathy Inside - Earlier EU word mark INSIDE. - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Genuine use of the earlier mark - Point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009 (now point (a) of the second subparagraph of Article 18(1) of Regulation 2017/1001) - No alteration of distinctive character)
(2023/C 155/62)
Language of the case: English

Parties


Applicant: Sympatex Technologies GmbH (Unterföhring, Germany) (represented by: E. Strauß, lawyer)

Defendant: European Union Intellectual Property Office (represented by: G. Predonzani and D. Gája, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Liwe Española, SA (Puente Tocinos, Spain) (represented by: Á. Pérez Lluna, lawyer)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 26 April 2021 (Case R 1777/2018-5).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Sympatex Technologies GmbH to pay the costs.






(1)  OJ C 329, 16.8.2021.
Case T-763/21: Judgment of the General Court of 8 March 2023 — SE v Commission (Civil service — Members of the temporary staff — Recruitment — Commission’s pilot programme for recruiting junior administrators — Rejection of application — Eligibility conditions — Criterion of a maximum of three years of professional experience — Equal treatment — Discrimination based on age)
Date: 2023-03-08
Institutions: General Court
Subjects: administrator, age discrimination, competition (EU), equal treatment, professional experience, servant (EU), temporary employment








C_2023155EN.01005102.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/51






Judgment of the General Court of 8 March 2023 — SE v Commission
(Case T-763/21) (1)

(Civil service - Members of the temporary staff - Recruitment - Commission’s pilot programme for recruiting junior administrators - Rejection of application - Eligibility conditions - Criterion of a maximum of three years of professional experience - Equal treatment - Discrimination based on age)
(2023/C 155/65)
Language of the case: English

Parties


Applicant: SE (represented by: L. Levi and A. Blot, lawyers)

Defendant: European Commission (represented by: B. Schima, L. Vernier and I. Melo Sampaio, acting as Agents)

Re:

By his action based on Article 270 TFEU, the applicant seeks, first, annulment of the decision of the European Commission of 23 April 2021 by which the Commission rejected his application for the pilot ‘Junior Professionals Programme’ (‘the JPP’) and, second, compensation for the damage which he claims to have suffered as a result of that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders SE to pay the costs.






(1)  OJ C 73, 14.2.2022.
Corrigendum to Council Decision (CFSP) 2023/421 of 24 February 2023 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine (Official Journal of the European Union L 61 of 27 February 2023)
Date: 2023-03-08
Institutions: Council of the European Union
Subjects: Belarus, EU restrictive measure, Russia, Ukraine, economic sanctions, international sanctions, legal person, natural person, territorial dispute, territorial law








L_2023070EN.01005601.xml










8.3.2023   


EN


Official Journal of the European Union


L 70/56







Corrigendum to Council Decision (CFSP) 2023/421 of 24 February 2023 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine

(
Official Journal of the European Union L 61 of 27 February 2023
)


On page 43, in the Annex, in the introductory wording:
for:

                  ‘Annex I to Decision 2012/642/CFSP is amended as follows:






(1)


in Table A. ‘Natural persons referred to in Articles 3(1) and 4(1)’, entries 10, 17, 20, 22, 35, 39, 41, 42, 64, 65, 71, 73, 75, 78, 85, 87, 89, 90, 123, 125 and 179 are replaced by the following:’,




read:

                  ‘Annex I to Decision 2012/642/CFSP is amended as follows:






(1)


in Table ‘A. Natural persons referred to in Articles 3(1) and 4(1)’, entries 10, 17, 20, 22, 35, 39, 41, 42, 64, 65, 71, 73, 75, 78, 85, 87, 89, 90, 104, 123, 125, 129, 131, 179 and 195 are replaced by the following:’.