do-me/EUR-LEX huggingface dataset:
Case T-65/22: Judgment of the General Court of 8 March 2023 — PS v EIB (Civil service — EIB staff — Social security — Insurance against the risk of accident and of occupational disease — Total and permanent invalidity — Occupational nature of the disease — Contract concluded with an insurance company — Extent of the obligations to be met by the EIB)
Date: 2023-03-08
Institutions: General Court
Subjects: damages, disabled person, occupational accident insurance, occupational disease, worker with disabilities








C_2023155EN.01005201.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/52






Judgment of the General Court of 8 March 2023 — PS v EIB
(Case T-65/22) (1)

(Civil service - EIB staff - Social security - Insurance against the risk of accident and of occupational disease - Total and permanent invalidity - Occupational nature of the disease - Contract concluded with an insurance company - Extent of the obligations to be met by the EIB)
(2023/C 155/66)
Language of the case: French

Parties


Applicant: PS (represented by: S. Orlandi, lawyer)

Defendant: European Investment Bank (represented by: K. Carr and E. Manoukian, acting as Agents, and A. Dal Ferro, lawyer)

Re:

By his action under Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union, the applicant seeks, first, annulment of the decision of the European Investment Bank (EIB) of 12 July 2021, in so far as it refused the applicant payment of EUR 233 500 in respect of material and non-material damage suffered; second, an order that the EIB pay the applicant compensation in respect of the occupational disease from which he claims to be suffering; and, third, an order that the EIB pay the sum of EUR 24 000 as compensation in respect of the alleged non-material damage in view of the state of the applicant’s health.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders PS to pay the costs.






(1)  OJ C 128, 21.3.2022.
Notice for the attention of persons subject to the restrictive measures provided for in Council Decision 2013/184/CFSP and in Council Regulation (EU) 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma 2023/C 86/07
Date: 2023-03-08
Institutions: Council of the European Union
Subjects: EU restrictive measure, Myanmar/Burma, economic sanctions, international sanctions, natural person








C_2023086EN.01000801.xml










8.3.2023   


EN


Official Journal of the European Union


C 86/8






Notice for the attention of persons subject to the restrictive measures provided for in Council Decision 2013/184/CFSP and in Council Regulation (EU) 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma
(2023/C 86/07)
The following information is brought to the attention of Aung Aung (No 4), Khin Hlaing (No 10), Sein Win (No 18), Mya Tun Oo (No 20), Maung Maung Kyaw (No 23), Than Hlaing (No 25), Mahn Nyein Maung (a.k.a. P’do, Phado Man Nyein Maung) (No 26), Thein Nyunt (No 27), Khin Maung Swe (No 28), Aye Nu Sein (No 29), Jeng Phang Naw Htaung (No 30), Sai Long Hseng (No 32), Saw Daniel (No 33), Dr Banyar Aung Moe (No 34), U Chit Naing (a.k.a. Sate Pyin Nyar) (No 35), Win Shein (a.k.a. U Win Shein) (No 38), Tin Aung San (No 40), Thida Oo a.k.a. Daw Thida Oo (No 41), Aung Naing Oo (No 44), Thet Thet Khine (No 46), Shwe Kyein (a.k.a. U Shwe Kyein) (No 48), Ni Lin Aung (No 64), Aung Zaw Aye (No 65), U Than Swe (No 71) persons and entity appearing in the Annex to Council Decision 2013/184/CFSP (1) and in Annex IV to Council Regulation (EU) No 401/2013 (2) concerning restrictive measures in view of the situation in Myanmar/Burma.
The Council intends to maintain the restrictive measures against the above-mentioned persons with a new statement of reasons. These persons are hereby informed that they may submit a request to the Council to obtain the intended statement of reasons for their designation, by 15 March 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 111, 23.4.2013, p. 75.

(2)  OJ L 121, 3.5.2013, p. 1.
Case T-98/22: Judgment of the General Court of 8 March 2023 — Boshab 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, economic sanctions, freezing of assets, international sanctions, natural person, rights of the defence








C_2023155EN.01005602.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/56






Judgment of the General Court of 8 March 2023 — Boshab v Council
(Case T-98/22) (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 155/73)
Language of the case: French

Parties


Applicant: Évariste Boshab (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.


Dismisses the action;










2.


Orders Mr Évariste Boshab to pay the costs.






(1)  OJ C 148, 4.4.2022.
Case T-95/22: Judgment of the General Court of 8 March 2023 — Kanyama 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.01005501.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/55






Judgment of the General Court of 8 March 2023 — Kanyama v Council
(Case T-95/22) (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 155/71)
Language of the case: French

Parties


Applicant: Célestin Kanyama (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: M.-C. Cadilhac and S. Lejeune, 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 Célestin Kanyama to pay the costs.






(1)  OJ C 148, 4.4.2022.
Non-opposition to a notified concentration (Case M.10990 – WESTCOAST / KOMSA) (Text with EEA relevance) 2023/C 98/01
Date: 2023-03-08
Institutions: Directorate-General for Competition, European Commission
Subjects: computer equipment, distributor, economic concentration, electronics industry, logistics, marketing, merger control, provision of services, software, telecommunications








C_2023098EN.01000101.xml










16.3.2023   


EN


Official Journal of the European Union


C 98/1






Non-opposition to a notified concentration
(Case M.10990 – WESTCOAST / KOMSA)
(Text with EEA relevance)
(2023/C 98/01)
On 8 March 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 32023M10990. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-91/22: Judgment of the General Court of 8 March 2023 — Ruhorimbere 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 control, arms trade, economic sanctions, freezing of assets, international sanctions, natural person, proof, rights of the defence








C_2023164EN.01003701.xml










8.5.2023   


EN


Official Journal of the European Union


C 164/37






Judgment of the General Court of 8 March 2023 — Ruhorimbere v Council
(Case T-91/22) (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 164/50)
Language of the case: French

Parties


Applicant: Éric Ruhorimbere (Mbuji-Mayi, 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: M.-C. Cadilhac and S. Lejeune, 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 Éric Ruhorimbere to pay the costs.






(1)  OJ C 148, 4.4.2022.
Commission Implementing Regulation (EU) 2023/579 of 8 March 2023 entering a name in the register of protected designations of origin and protected geographical indications (‘Sörmlands Ädel’ (PGI))
Date: 2023-03-08
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Sweden, Södermanland county, cows’ milk cheese, designation of origin, labelling, product designation, soft cheese








L_2023076EN.01000101.xml










15.3.2023   


EN


Official Journal of the European Union


L 76/1








            COMMISSION IMPLEMENTING REGULATION (EU) 2023/579
of 8 March 2023
         
entering a name in the register of protected designations of origin and protected geographical indications (‘Sörmlands Ädel’ (PGI))


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Sweden’s application to register the name ‘Sörmlands Ädel’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Sörmlands Ädel’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Sörmlands Ädel’ (PGI) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.3 – Cheeses, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 March 2023.


For the Commission,


On behalf of the President,

Janusz WOJCIECHOWSKI
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ C 444, 23.11.2022, p. 32.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
Case T-125/23: Action brought on 8 March 2023 — Synapsa Med v EUIPO — Gravity Products (Gravity)
Date: 2023-03-08
Institutions: General Court
Subjects: EU trade mark, registered trade mark, textile product, therapeutics, trade-mark law








C_2023173EN.01003401.xml










15.5.2023   


EN


Official Journal of the European Union


C 173/34






Action brought on 8 March 2023 — Synapsa Med v EUIPO — Gravity Products (Gravity)
(Case T-125/23)
(2023/C 173/44)
Language in which the application was lodged: Polish

Parties


Applicant: Synapsa Med sp. z o.o. (Jelcz Laskowice, Poland) (represented by: G. Kuchta, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Gravity Products LLC (New York, United States)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU word mark ‘Gravity’ — EU trade mark No 17 982 729

Proceedings before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 9 January 2023 in Case R 923/2022-5

Form of order sought

The applicant claims that the Court should:






—


alter the decision of 9 January 2023 of the Fifth Board of Appeal of EUIPO by upholding the appeal against the decision of 11 April 2022 declaring the EU word mark GRAVITY ZTUE-017982729 invalid and dismiss the application for a declaration of invalidity.





Pleas in law







—


Infringement of Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, and of Articles 7(2), 7(3), 16 and 17(3) of Commission Delegated Regulation (EU) 2018/625;










—


Infringement of Articles 60(1)(a) and 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Case T-90/22: Judgment of the General Court of 8 March 2023 — Kande Mupompa 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.01005301.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/53






Judgment of the General Court of 8 March 2023 — Kande Mupompa v Council
(Case T-90/22) (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 155/68)
Language of the case: French

Parties


Applicant: Alex Kande Mupompa (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.


Dismisses the action;










2.


Orders Mr Alex Kande Mupompa to pay the costs.






(1)  OJ C 148, 4.4.2022.
Case T-426/21: Judgment of the General Court of 8 March 2023 — Assaad v Council (Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Errors of assessment — Retroactivity — Legitimate expectations — Legal certainty — Force of res judicata)
Date: 2023-03-08
Institutions: General Court
Subjects: EU restrictive measure, Syria, economic sanctions, freezing of assets, international sanctions, natural person, principle of legal certainty, retroactivity of a law








C_2023155EN.01005001.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/50






Judgment of the General Court of 8 March 2023 — Assaad v Council
(Case T-426/21) (1)

(Common foreign and security policy - Restrictive measures adopted against Syria - Freezing of funds - Errors of assessment - Retroactivity - Legitimate expectations - Legal certainty - Force of res judicata)
(2023/C 155/63)
Language of the case: English

Parties


Applicant: Nizar Assaad (Beirut, Lebanon) (represented by: M. Lester KC, G. Martin and C. Enderby Smith, Solicitors)

Defendant: Council of the European Union (represented by: T. Haas and M. Bishop, acting as Agents)

Re:

By his action under Article 263 TFEU, the applicant seeks annulment of Council Implementing Decision (CFSP) 2021/751 of 6 May 2021 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2021 L 160, p. 115), Council Implementing Regulation (EU) 2021/743 of 6 May 2021 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2021 L 160, p. 1), Council Decision (CFSP) 2022/849 of 30 May 2022 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2022 L 148, p. 52), and Council Implementing Regulation (EU) 2022/840 of 30 May 2022 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2022 L 148, p. 8), in so far as those measures concern the applicant.

Operative part of the judgment

The Court:






1.


Annuls Council Implementing Decision (CFSP) 2021/751 of 6 May 2021 implementing Decision 2013/255/CFSP concerning the restrictive measures against Syria, Council Implementing Regulation (EU) 2021/743 of 6 May 2021 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, Council Decision (CFSP) 2022/849 of 30 May 2022 amending Decision 2013/255/CFSP concerning restrictive measures against Syria, and Council Implementing Regulation (EU) 2022/840 of 30 May 2022 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria, in so far as they concern Mr Nizar Assaad;










2.


Orders that the effects of Decision 2022/849 be maintained with regard to Mr Assaad until the date of expiry of the period for bringing an appeal or, if an appeal is brought within that period, until any dismissal of the appeal;










3.


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






(1)  OJ C 338, 23.8.2021.