do-me/EUR-LEX huggingface dataset:
Case C-549/21 P: Judgment of the Court (Third Chamber) of 27 April 2023 — Fondazione Cassa di Risparmio di Pesaro, Montani Antaldi Srl, Fondazione Cassa di Risparmio di Fano, Fondazione Cassa di Risparmio di Jesi and Fondazione Cassa di Risparmio della Provincia di Macerata v European Commission (Appeal — Article 268 TFEU — Article 340, second paragraph, TFEU — Action for damages — Economic and monetary policy — Articles 107 and 108 TFEU — Fondo Interbancario di Tutela dei Depositi — Planned intervention — Rescue of Banca delle Marche — Letters from the European Commission — Classification as ‘State aid’ not excluded — Request for the national authorities to notify the Commission of the plan for intervention — No sufficiently serious breach of EU law)
Date: 2023-04-27
Institutions: Court of Justice
Subjects: EU banking union, Italy, State aid, bank, capital increase, company in difficulties, control of State aid, damages, powers of the institutions (EU)








C_2023216EN.01001301.xml










19.6.2023   


EN


Official Journal of the European Union


C 216/13






Judgment of the Court (Third Chamber) of 27 April 2023 — Fondazione Cassa di Risparmio di Pesaro, Montani Antaldi Srl, Fondazione Cassa di Risparmio di Fano, Fondazione Cassa di Risparmio di Jesi and Fondazione Cassa di Risparmio della Provincia di Macerata v European Commission
(Case C-549/21 P) (1)

(Appeal - Article 268 TFEU - Article 340, second paragraph, TFEU - Action for damages - Economic and monetary policy - Articles 107 and 108 TFEU - Fondo Interbancario di Tutela dei Depositi - Planned intervention - Rescue of Banca delle Marche - Letters from the European Commission - Classification as ‘State aid’ not excluded - Request for the national authorities to notify the Commission of the plan for intervention - No sufficiently serious breach of EU law)
(2023/C 216/16)
Language of the case: Italian

Parties


Appellants: Fondazione Cassa di Risparmio di Pesaro, Montani Antaldi Srl, Fondazione Cassa di Risparmio di Fano, Fondazione Cassa di Risparmio di Jesi and Fondazione Cassa di Risparmio della Provincia di Macerata (represented by: S. Battini, B. Cimino and A. Sandulli, avvocati)

Other party to the proceedings: European Commission (represented by: I. Barcew, A. Bouchagiar, D. Recchia and P. Stancanelli, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Fondazione Cassa di Risparmio di Pesaro, Montani Antaldi Srl, Fondazione Cassa di Risparmio di Fano, Fondazione Cassa di Risparmio di Jesi and Fondazione Cassa di Risparmio della Provincia di Macerata to bear their own costs and to pay those incurred by the European Commission.






(1)  OJ C 431, 25.10.2021.
Case C-104/22, Lännen MCE: Judgment of the Court (Fifth Chamber) of 27 April 2023 (request for a preliminary ruling from the Markkinaoikeus — Finland) — Lännen MCE Oy v Berky GmbH, Senwatec GmbH & Co. KG. (Reference for a preliminary ruling — EU trade mark — Regulation (EU) 2017/1001 — Article 125(5) — International jurisdiction — Infringement action — Jurisdiction of the courts of the Member State in which the act of infringement has been committed or threatened — Advertising displayed by a search engine using a national top-level domain name — Advertising not specifying the geographical area of supply — Factors to be taken into account)
Date: 2023-04-27
Institutions: Court of Justice
Subjects: EU trade mark, advertising, electronic commerce, jurisdiction, registered trade mark, search engine, supply, trade-mark law








C_2023205EN.01001402.xml










12.6.2023   


EN


Official Journal of the European Union


C 205/14






Judgment of the Court (Fifth Chamber) of 27 April 2023 (request for a preliminary ruling from the Markkinaoikeus — Finland) — Lännen MCE Oy v Berky GmbH, Senwatec GmbH & Co. KG.
(Case C-104/22, (1) Lännen MCE)
(Reference for a preliminary ruling - EU trade mark - Regulation (EU) 2017/1001 - Article 125(5) - International jurisdiction - Infringement action - Jurisdiction of the courts of the Member State in which the act of infringement has been committed or threatened - Advertising displayed by a search engine using a national top-level domain name - Advertising not specifying the geographical area of supply - Factors to be taken into account)
(2023/C 205/17)
Language of the case: Finnish

Referring court

Markkinaoikeus

Parties to the main proceedings


Applicant: Lännen MCE Oy

Defendants: Berky GmbH, Senwatec GmbH & Co. KG.

Operative part of the judgment

Article 125(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark,
must be interpreted as meaning that the proprietor of an EU trade mark who considers that he or she has been prejudiced by the use, without his or her consent, by a third party, of a sign identical with that mark in online advertisements and offers for sale in respect of goods identical with, or similar to, those for which that mark is registered, may bring an infringement action against that third party before an EU trade mark court of the Member State in which consumers and traders targeted by those advertisements or offers for sale are located, notwithstanding the fact that the third party does not expressly and unambiguously list that Member State among the territories to which a supply of the goods in question might be made, if that third party has made use of that sign by means of paid referencing on a search engine website which uses a national top-level domain name of that Member State. By contrast, that is not the case simply because the third party concerned has used the natural referencing of images of its goods on an online photo-sharing service under a generic top-level domain, having recourse to meta tags using the trade mark concerned as a keyword.


(1)  OJ C 171, 25.4.2022.
Case C-492/21 P: Judgment of the Court (Ninth Chamber) of 27 April 2023 — Casa Regina Apostolorum della Pia Società delle Figlie di San Paolo v European Commission (Appeal — State aid — Healthcare services — Direct grants to public hospitals in the Lazio Region (Italy) — Decision finding that there is no State aid — Articles 106 and 107 TFEU — Concepts of ‘undertaking’ and ‘economic activity’)
Date: 2023-04-27
Institutions: Court of Justice
Subjects: Italy, Latium, State aid, aid to undertakings, control of State aid, economic activity, medical institution








C_2023216EN.01000901.xml










19.6.2023   


EN


Official Journal of the European Union


C 216/9






Judgment of the Court (Ninth Chamber) of 27 April 2023 — Casa Regina Apostolorum della Pia Società delle Figlie di San Paolo v European Commission
(Case C-492/21 P) (1)

(Appeal - State aid - Healthcare services - Direct grants to public hospitals in the Lazio Region (Italy) - Decision finding that there is no State aid - Articles 106 and 107 TFEU - Concepts of ‘undertaking’ and ‘economic activity’)
(2023/C 216/11)
Language of the case: Italian

Parties


Appellant: Casa Regina Apostolorum della Pia Società delle Figlie di San Paolo (represented by: F. Rosi, avvocato)

Other party to the proceedings: European Commission (represented by: K. Herrmann and F. Tomat, acting as Agents)

Intervener in support of the defendant: Republic of Finland (represented by: M. Pere, acting as Agent)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Casa Regina Apostolorum della Pia Società delle Figlie di San Paolo to bear its own costs and to pay those incurred by the European Commission;










3.


Orders the Republic of Finland to bear its own costs.






(1)  OJ C 471, 22.11.2021.
Case C-102/22 P: Judgment of the Court (Seventh Chamber) of 27 April 2023 — HC v European Commission (Appeal — Civil service — Recruitment — Open competition EPSO/AD/363/18 — Notice of competition — Assessment by the selection board of the candidate’s answers to the ‘Talent Screener’ — Non-admission to the next stage of the competition — Rules on languages — Limitation of the choice of the second language of the competition to English and French — Plea of illegality relating to the notice of competition — Inadmissibility)
Date: 2023-04-27
Institutions: Court of Justice
Subjects: administrator, competition (EU), linguistic discrimination, official language, recruitment








C_2023205EN.01001401.xml










12.6.2023   


EN


Official Journal of the European Union


C 205/14






Judgment of the Court (Seventh Chamber) of 27 April 2023 — HC v European Commission
(Case C-102/22 P) (1)

(Appeal - Civil service - Recruitment - Open competition EPSO/AD/363/18 - Notice of competition - Assessment by the selection board of the candidate’s answers to the ‘Talent Screener’ - Non-admission to the next stage of the competition - Rules on languages - Limitation of the choice of the second language of the competition to English and French - Plea of illegality relating to the notice of competition - Inadmissibility)
(2023/C 205/16)
Language of the case: English

Parties


Appellant: HC (represented by: D. Rovetta and V. Villante, avvocati)

Other party to the proceedings: European Commission (represented by: M. Brauhoff and T. Lilamand, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeal.










2.


Orders HC to bear his own costs and to pay those incurred by the European Commission.






(1)  OJ C 222, 7.6.2022.
Notice pursuant to Article 29(2) of the Staff Regulations Publication of a vacancy for the function of Director GROW.B ‘Planning, Finance and Digital Solutions’ (grade AD 14) in the Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs (DG GROW) (COM/2023/10429) 2023/C 145/14
Date: 2023-04-27
Institutions: Directorate-General for Human Resources and Security, European Commission
Subjects: administrator, competition (EU), job vacancy, managing director, recruitment








C_2023145EN.01002401.xml










27.4.2023   


EN


Official Journal of the European Union


C 145/24






NOTICE PURSUANT TO ARTICLE 29(2) OF THE STAFF REGULATIONS
Publication of a vacancy for the function of Director GROW.B ‘Planning, Finance and Digital Solutions’ (grade AD 14) in the Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs (DG GROW)
(COM/2023/10429)
(2023/C 145/14)
The European Commission has published a vacancy notice (reference COM/2023/10429) for the function of Director GROW.B ‘Planning, Finance and Digital Solutions’ in the Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs (DG GROW) (grade AD 14).
To consult the text of the vacancy notice in 24 languages and to submit your application, please visit this dedicated webpage on the European Commission’s website: https://europa.eu/!Nh4y9M
Notice concerning the valid proof of origin for imports into the European Union of products originating in Seychelles under the EU – Eastern and Southern Africa interim Economic Partnership Agreement, as from 1 July 2023 2023/C 145/06
Date: 2023-04-27
Institutions: Directorate-General for Taxation and Customs Union, European Commission
Subjects: Seychelles, certificate of origin, cooperation agreement (EU), economic cooperation, import (EU), interim agreement (EU), invoicing, tariff exemption








C_2023145EN.01000901.xml










27.4.2023   


EN


Official Journal of the European Union


C 145/9






Notice concerning the valid proof of origin for imports into the European Union of products originating in Seychelles under the EU – Eastern and Southern Africa interim Economic Partnership Agreement, as from 1 July 2023
(2023/C 145/06)
This notice is issued for the information of customs authorities, importers and economic operators, which are involved in imports into the European Union of products originating in Seychelles under the EU-Eastern and Southern Africa interim Economic Partnership Agreement (‘the EU-ESA iEPA’).
Following a notification made by Seychelles to the Customs Cooperation Committee of the EU-ESA iEPA activating Article 18(3) of Protocol 1 to the EU-ESA iEPA (1), and without prejudice to the exemptions laid down in Articles 18(2) and 29 of Protocol 1, as from 1 July 2023, products originating in Seychelles shall, on importation into the EU, benefit from the preferential tariff treatment of the EU-ESA iEPA only upon submission of an invoice declaration made out, as provided for in Article 23 of Protocol 1, by:






(i)


an exporter from Seychelles registered in the Registered Exporter system of the European Union, or










(ii)


any exporter from Seychelles, for any consignment consisting of one or more packages containing originating products, the total value of which does not exceed EUR 6 000.




From that date, paragraphs 1(a) and (b) of Article 18 shall cease to apply.


(1)  As amended by Decision 1/2020 of 14 January 2020 of the EU-ESA EPA Committee
Opinion of the European Economic and Social Committee on the proposal for a Regulation of the European Parliament and of the Council on European statistics on population and housing, amending Regulation (EC) No 862/2007 and repealing Regulations (EC) No 763/2008 and (EU) No 1260/2013 (COM(2023) 31 final —– 2023/0008 (COD))
Date: 2023-04-27
Institutions: European Economic and Social Committee
Subjects: EU statistics, census, data collection, exchange of information, family, household, population census, population statistics, statistical method








C_2023228EN.01014801.xml










29.6.2023   


EN


Official Journal of the European Union


C 228/148






Opinion of the European Economic and Social Committee on the proposal for a Regulation of the European Parliament and of the Council on European statistics on population and housing, amending Regulation (EC) No 862/2007 and repealing Regulations (EC) No 763/2008 and (EU) No 1260/2013
(COM(2023) 31 final —– 2023/0008 (COD))
(2023/C 228/22)






Referral


Council of the European Union, 15.2.2023




Legal basis


Articles 338(1) and 304 of the Treaty on the Functioning of the European Union




Section responsible


Economic and Monetary Union and Economic and Social Cohesion




Adopted at plenary


27.4.2023




Plenary session No


578




Outcome of vote
(for/against/abstentions)


142/0/1




Since the Committee endorses the content of the proposal for a Regulation of the European Parliament and of the Council on European statistics on population and housing, amending Regulation (EC) No 862/2007 and repealing Regulations (EC) No 763/2008 and (EU) No 1260/2013 and feels that it requires no comment on its part, it decided, at its 578th plenary session of 26 and 27 April 2023, (meeting of 27 April 2023), by 142 votes with 1 abstention, to issue an opinion endorsing the proposed text.

Brussels, 27 April 2023.


The President of the European Economic and Social Committee

Oliver RÖPKE
Case C-686/21, Legea: Judgment of the Court (Tenth Chamber) of 27 April 2023 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — VW v SW, CQ, ET, Legea Srl and Legea Srl v VW, SW, CQ, ET (Reference for a preliminary ruling — Trade mark law — Directive 89/104/EEC — Directive (EU) 2015/2436 — Regulation (EC) No 40/94 — Regulation (EU) 2017/1001 — Exclusive rights of the trade mark proprietor — Trade mark belonging to two or more persons — Conditions on majority required between joint proprietors for granting and terminating a licence of their trade mark)
Date: 2023-04-27
Institutions: Court of Justice
Subjects: EU trade mark, joint ownership, national law, registered trade mark, trade-mark law








C_2023216EN.01001601.xml










19.6.2023   


EN


Official Journal of the European Union


C 216/16






Judgment of the Court (Tenth Chamber) of 27 April 2023 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — VW v SW, CQ, ET, Legea Srl and Legea Srl v VW, SW, CQ, ET
(Case C-686/21, (1) Legea)
(Reference for a preliminary ruling - Trade mark law - Directive 89/104/EEC - Directive (EU) 2015/2436 - Regulation (EC) No 40/94 - Regulation (EU) 2017/1001 - Exclusive rights of the trade mark proprietor - Trade mark belonging to two or more persons - Conditions on majority required between joint proprietors for granting and terminating a licence of their trade mark)
(2023/C 216/20)
Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings


Applicants: VW, Legea Srl

Defendants: SW, CQ, ET, Legea Srl, VW

Operative part of the judgment

First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks and Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark
must be interpreted as meaning that the question of whether the grant or the termination of a licence to use a national trade mark or an EU trade mark held in joint proprietorship requires a unanimous decision by the joint proprietors or a decision by a majority of them comes within the scope of the applicable national law.


(1)  OJ C 37, 24.1.2022.
Case C-271/23: Action brought on 27 April 2023 — European Commission v Hungary
Date: 2023-04-27
Institutions: Court of Justice
Subjects: UN convention, UN technical commission, World Health Organisation, application of EU law, drug addiction, drug traffic, external competence (EU), health risk, narcotic








C_2023216EN.01003401.xml










19.6.2023   


EN


Official Journal of the European Union


C 216/34






Action brought on 27 April 2023 — European Commission v Hungary
(Case C-271/23)
(2023/C 216/44)
Language of the case: Hungarian

Parties


Applicant: European Commission (represented by: L. Baumgart, M. Carpus Carcea and Zs. Teleki, acting as Agents)

Defendant: Hungary

Form of order sought

The Commission claims that the Court should:






—


declare that, by not following the European Union’s position, at the reconvened sixty-third session of the Commission on Narcotic Drugs of the United Nations Economic and Social Council, in respect of amending the scheduling of cannabis and cannabis-related substances, Hungary has (i) failed to fulfil its obligations under Council Decision (EU) 2021/3, (1) which was binding on Hungary in accordance with Article 218(9) TFEU, in conjunction with the fourth paragraph of Article 288 TFEU; (ii) interfered in the exclusive external competence of the European Union laid down in Article 3(2) TFEU; and (iii) breached the principle of sincere cooperation enshrined in Article 4(3) TEU;










—


order Hungary to pay the costs.





Pleas in law and main arguments


First plea in law: At the session of the Commission on Narcotic Drugs held on 2 December 2020, Hungary voted contrary to the provisions of the Council Decision establishing the position of the European Union. The Council Decision, which was adopted on the basis of Article 218(9) TFEU, and which establishes the positions to be adopted on the European Union’s behalf, was binding on Hungary under the fourth paragraph of Article 288 TFEU.

Second plea in law: In accordance with Article 3(2) TFEU, Council Decision (EU) 2021/3 concerns an exclusive external competence of the European Union, and Hungary therefore should not have established its own position in that respect.

Third plea in law: By voting contrary to the European Union’s position, without the prior agreement of the EU institutions, Hungary breached the principle of sincere cooperation laid down in Article 4(3) TEU.
The Commission sent Hungary a letter of formal notice on 18 February 2021 and a reasoned opinion on 12 November 2021 and considered Hungary’s replies to be unsatisfactory.


(1)  Council Decision (EU) 2021/3 of 23 November 2020 on the position to be taken, on behalf of the European Union, at the reconvened sixty-third session of the Commission on Narcotic Drugs, on the scheduling of cannabis and cannabis-related substances under the Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol, and the Convention on Psychotropic Substances of 1971 (OJ 2021 L 4, p. 1).
EFTA Surveillance Authority communication pursuant to Article 17(5) of Regulation 1008/2008 of the European parliament and of the Council on common rules for the operation of air services in the Community Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (Text with EEA relevance) 2023/C 145/12
Date: 2023-04-27
Institutions: EFTA Surveillance Authority
Subjects: European Economic Area, Norway, air transport, inland transport, invitation to tender, services of general interest, transport regulations








C_2023145EN.01002201.xml










27.4.2023   


EN


Official Journal of the European Union


C 145/22






EFTA Surveillance Authority communication pursuant to Article 17(5) of Regulation 1008/2008 of the European parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
(2023/C 145/12)






Member State


Norway




Concerned routes


Northern Norway:






—


Routes between Kirkenes, Vadsø, Vardø, Båtsfjord, Berlevåg, Mehamn, Honningsvåg, Hammerfest, Alta and Tromsø










—


Sørkjosen–Tromsø v.v.










—


Lakselv–Tromsø v.v.










—


Andøya–Bodø v.v., Andøya–Tromsø v.v.










—


Harstad/Narvik–Bodø v.v., Harstad/Narvik–Tromsø v.v.










—


Stokmarknes–Bodø v.v., Stokmarknes–Tromsø v.v.










—


Leknes–Bodø v.v.










—


Svolvær–Bodø v.v.










—


Røst–Bodø v.v.










—


Brønnøysund–Bodø v.v., Brønnøysund–Trondheim v.v.










—


Sandnessjøen–Bodø v.v., Sandnessjøen–Trondheim v.v.










—


Mo i Rana–Bodø v.v., Mo i Rana–Trondheim v.v.










—


Mosjøen–Bodø v.v., Mosjøen–Trondheim v.v.










—


Namsos–Trondheim v.v.,










—


Rørvik–Trondheim v.v.










—


Værøy–Bodø v.v. (helicopter)




Southern Norway:






—


Røros–Oslo v.v.










—


Førde–Oslo v.v.










—


Florø–Oslo v.v










—


Stord–Oslo v.v.










—


Sogndal–Oslo v.v., Sogndal–Bergen v.v.










—


Sandane–Oslo v.v., Sandane–Bergen v.v.










—


Ørsta-Volda–Bergen v.v., Ørsta-Volda–Oslo v.v








Period of validity of the contract


1 April 2024 – 31 October 2027 (Southern Norway),
1 April 2024 – 31 October 2028(Northern Norway)
1 August 2024 – 31 October 2028 (Værøy–Bodø v.v.)




Deadline for submission of tenders


27 June 2023




Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the modified public service obligations can be obtained


The Norwegian Ministry of Transport
Find document - regjeringen.no