do-me/EUR-LEX huggingface dataset:
Council Decision (CFSP) 2023/1138 of 8 June 2023 amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da’esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them
Date: 2023-06-08
Institutions: Council of the European Union
Subjects: EU restrictive measure, economic sanctions, international sanctions, natural person, terrorism








L_2023149EN.01008901.xml










9.6.2023   


EN


Official Journal of the European Union


L 149/89








            COUNCIL DECISION (CFSP) 2023/1138
of 8 June 2023
         
amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da’esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,


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

Whereas:







(1)


On 20 September 2016, the Council adopted Decision (CFSP) 2016/1693 (1).












(2)


On 26 April 2023, the Sanctions Committee of the United Nations Security Council established pursuant to UN Security Council Resolutions 1267(1999), 1989(2011) and 2253(2015) added two persons to the list of persons and entities subject to restrictive measures.












(3)


On 3 May 2023, those persons were added to Annex I to Council Regulation (EC) No 881/2002 (2).












(4)


Since one of those persons was already designated under Article 2, paragraph 2 and Article 3, paragraph 3 of Decision (CFSP) 2016/1693, that person should be removed from the Annex to that Decision.












(5)


Decision (CFSP) 2016/1693 should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The Annex to Decision (CFSP) 2016/1693 is amended as set out in the Annex to this Decision.


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




Done at Luxembourg, 8 June 2023.


For the Council


The President

M. MALMER STENERGARD
            





(1)  Council Decision (CFSP) 2016/1693 of 20 September 2016 concerning restrictive measures against ISIL (Da’esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them and repealing Common Position 2002/402/CFSP (OJ L 255, 21.9.2016, p. 25).

(2)  Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da’esh) and Al-Qaida organisations (OJ L 139, 29.5.2002, p. 9).




ANNEX
The following entry is deleted from the Annex to Decision (CFSP) 2016/1693 under the heading ‘A. Persons referred to in Articles 2 and 3’:







‘9.


Sultan Aziz AZAM (a.k.a. Aziz Azam, Sultan Aziz, Sultan Azziz Azzam, Sultan Aziz Ezzam); date of birth: 1985; place of birth: Afghanistan; nationality: Afghan.’.
Case C-361/23 P: Appeal brought on 8 June 2023 by Tinnus Enterprises LLC against the judgment of the General Court (Tenth Chamber) delivered on 29 March 2023 in Case T-577/21, Tinnus Enterprises v EUIPO — Mystic Products and Koopman International (Fluid distribution equipment)
Date: 2023-06-08
Institutions: Court of Justice
Subjects: designs and models, toy industry








C_202300950EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/950


27.11.2023





Appeal brought on 8 June 2023 by Tinnus Enterprises LLC against the judgment of the General Court (Tenth Chamber) delivered on 29 March 2023 in Case T-577/21, Tinnus Enterprises v EUIPO — Mystic Products and Koopman International (Fluid distribution equipment)
(Case C-361/23 P)
(C/2023/950)
Language of the case: English

Parties


Appellant: Tinnus Enterprises LLC (represented by: A. von Mühlendahl, H. Hartwig and T. Wuttke, Rechtsanwälte)

Other parties to the proceedings: European Union Intellectual Property Office, Koopman International BV
By order of 11 October 2023, the Court of Justice (Chamber determining whether appeals may proceed) held that the appeal was not allowed to proceed and that Tinnus Enterprises LLC should bear its own costs.


ELI: http://data.europa.eu/eli/C/2023/950/oj
ISSN 1977-091X (electronic edition)
Case C-354/23, Seberts: Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven (Netherlands) lodged on 8 June 2023 — LM BV v Minister van Landbouw, Natuur en Voedselkwaliteit
Date: 2023-06-08
Institutions: Court of Justice
Subjects: State aid, aid to agriculture, control of State aid, eligibility criteria, investment aid, real property








C_2023314EN.01000501.xml










4.9.2023   


EN


Official Journal of the European Union


C 314/5






Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven (Netherlands) lodged on 8 June 2023 — LM BV v Minister van Landbouw, Natuur en Voedselkwaliteit
(Case C-354/23, Seberts (1))
(2023/C 314/07)
Language of the case: Dutch

Referring court

College van Beroep voor het bedrijfsleven

Parties to the main proceedings


Applicant: LM BV

Defendant: Minister van Landbouw, Natuur en Voedselkwaliteit

Question referred

Are the European Union Guidelines for State Aid in the agricultural and forestry sectors and in rural areas 2014-2020 (2014/C 204/01) (2) and, in particular, paragraphs 135, 136 and 137 and point 144(a) thereof, to be interpreted as meaning that there is investment aid that serves to finance the costs of the construction, procurement or improvement of immovable property only if the grant beneficiary itself also is or is to become the owner of the immovable property to which the costs relate?


(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

(2)  OJ 2014 C 204, p. 1.
Council Implementing Regulation (EU) 2023/1126 of 8 June 2023 implementing Regulation (EU) 2016/1686 imposing additional restrictive measures directed against ISIL (Da’esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them
Date: 2023-06-08
Institutions: Council of the European Union
Subjects: EU restrictive measure, economic sanctions, international sanctions, natural person, terrorism








L_2023149EN.01001301.xml










9.6.2023   


EN


Official Journal of the European Union


L 149/13








            COUNCIL IMPLEMENTING REGULATION (EU) 2023/1126
of 8 June 2023
         
implementing Regulation (EU) 2016/1686 imposing additional restrictive measures directed against ISIL (Da’esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Council Regulation (EU) 2016/1686 of 20 September 2016 imposing additional restrictive measures directed against ISIL (Da’esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them (1), and in particular Article 4(1) and (4) thereof,


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

Whereas:







(1)


On 20 September 2016, the Council adopted Regulation (EU) 2016/1686.












(2)


On 26 April 2023, the Sanctions Committee of the United Nations Security Council established pursuant to UN Security Council Resolutions 1267(1999), 1989(2011) and 2253(2015) added two persons to the list of persons and entities subject to restrictive measures.












(3)


On 3 May 2023, those persons were added to Annex I to Council Regulation (EC) No 881/2002 (2).












(4)


Since one of those persons was already designated under Regulation (EU) 2016/1686, that person should be removed from Annex I to that Regulation.












(5)


Regulation (EU) 2016/1686 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex I to Regulation (EU) 2016/1686 is amended as set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the 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 Luxembourg, 8 June 2023.


For the Council


The President

M. MALMER STENERGARD
            





(1)  
            OJ L 255, 21.9.2016, p. 1.

(2)  Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da’esh) and Al-Qaida organisations (OJ L 139, 29.5.2002, p. 9).




ANNEX
The following entry is deleted from Annex I to Regulation (EU) 2016/1686 under heading ‘A. Natural persons referred to in Article 3’
      







‘9.


Sultan Aziz AZAM (a.k.a. Aziz Azam, Sultan Aziz, Sultan Azziz Azzam, Sultan Aziz Ezzam); date of birth: 1985; place of birth: Afghanistan; nationality: Afghan.’.
Special report 14/2023 ‘Programming the Neighbourhood, Development and International Cooperation Instrument – Global Europe – Comprehensive programmes with deficiencies in the methods for allocating funds and impact monitoring’ 2023/C 200/04
Date: 2023-06-08
Institutions: European Court of Auditors
Subjects: EU aid, EU financing, EU programme, European Commission, European External Action Service, European neighbourhood policy, cooperation policy, development policy, financial aid








C_2023200EN.01000401.xml










8.6.2023   


EN


Official Journal of the European Union


C 200/4






Special report 14/2023
‘Programming the Neighbourhood, Development and International Cooperation Instrument – Global Europe – Comprehensive programmes with deficiencies in the methods for allocating funds and impact monitoring’
(2023/C 200/04)
The European Court of Auditors has published its special report 14/2023: ‘Programming the Neighbourhood, Development and International Cooperation Instrument – Global Europe – Comprehensive programmes with deficiencies in the methods for allocating funds and impact monitoring’.
The report can be consulted directly or downloaded at the European Court of Auditors’ website: https://www.eca.europa.eu/en/publications/sr-2023-14
Case T-319/23: Action brought on 8 June 2023 — Net Technologies Finland v Commission
Date: 2023-06-08
Institutions: General Court
Subjects: audit, debt, eligibility criteria, executive agency, research and development








C_2023286EN.01003101.xml










14.8.2023   


EN


Official Journal of the European Union


C 286/31






Action brought on 8 June 2023 — Net Technologies Finland v Commission
(Case T-319/23)
(2023/C 286/42)
Language of the case: English

Parties


Applicant: Net Technologies Finland Oy (Helsinki, Finland) (represented by: S. Pappas and A. Pappas, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the European Commission adopted on the basis of Article 299 TFEU on 27.03.2023 (and notified to the applicant on 29.03.2023) concerning the recovery of EUR 188 477,27 from Net Technologies Finland Oy; and,










—


order the defendant to bear its costs as well as the applicant’s costs for the current proceedings.





Pleas in law and main arguments

With the present application for annulment, it is argued that the contested decision is illegal because its motivation is unlawful. And its motivation is unlawful because it is based on the debit notes of 7 May 2020 and the findings of the final audit report which are unlawful. To that end, two pleas of annulment are put forward.






1.


The first plea of annulment is divided in two parts:






—


in the first part it is explained that the final audit findings and, by extension, the debit notes are unlawful because they are the result of the application of a rule that was not legally binding, and thus, inapplicable. As explained in the factual background, the REA auditors reached the conclusion that the costs of the in-house consultants were ineligible by applying the criteria of the FP7 Guide as if they were binding conditions. Nonetheless, the FP7 guide is non-binding.










—


in the second part it is argued that, in the present case, the principle of good faith cannot justify the applicability of the FP7 Guide in spite of its non-binding nature.














2.


In the context of the second plea of annulment it is argued that, assuming that the criteria of the FP7 Guide were applicable, they were applied incorrectly. In other words, the findings of the final audit report and the debit notes adopted on its basis are vitiated by errors of assessment. By relying on those elements, the contested decision is also vitiated by the same errors of assessment and infringes the obligation, enshrined in Article 41 of the Charter of fundamental rights, to examine carefully all elements of the case.
Case T-781/17: Order of the General Court of 8 June 2023 — Kraftpojkarna v Commission
Date: 2023-06-08
Institutions: General Court
Subjects: China, anti-dumping duty, anti-subsidy proceeding, countervailing charge, import (EU), originating product, photovoltaic cell, semi-metal, solar collector








C_2023252EN.01008101.xml










17.7.2023   


EN


Official Journal of the European Union


C 252/81






Order of the General Court of 8 June 2023 — Kraftpojkarna v Commission
(Case T-781/17) (1)

(2023/C 252/98)
Language of the case: English
The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 42, 5.2.2018.
Case T-313/23: Action brought on 8 June 2023 — Adeva v EUIPO — Sideme (MAISON CAVIST.)
Date: 2023-06-08
Institutions: General Court
Subjects: EU trade mark, air conditioning, business management, refrigeration industry, registered trade mark, trade-mark law, wine








C_2023261EN.01004301.xml










24.7.2023   


EN


Official Journal of the European Union


C 261/43






Action brought on 8 June 2023 — Adeva v EUIPO — Sideme (MAISON CAVIST.)
(Case T-313/23)
(2023/C 261/58)
Language in which the application was lodged: French

Parties


Applicant: Adeva (Mitry-Mory, France) (represented by: S. Drillon, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Société Industrielle d’Equipement Moderne SA (Sideme) (Levallois-Perret, France)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU word mark MAISON CAVIST. — EU trade mark No 18 293 519

Proceedings before EUIPO: Cancellation proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 31 March 2023 in Case R 1623/2022-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision in so far as it dismissed the appeal brought by Adeva;










—


dismiss in its entirety the application for a declaration of invalidity of the EU trade mark MAISON CAVIST. No 18 293 519 submitted by Sideme.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Case C-455/21, Lyoness Europe: Judgment of the Court (Fifth Chamber) of 8 June 2023 (request for a preliminary ruling from the Tribunalul Olt — Romania) — OZ v Lyoness Europe AG (Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Article 2(b) — Definition of ‘consumer’ — Contract for membership of a loyalty scheme enabling certain financial benefits to be obtained when purchasing goods and services from third-party traders)
Date: 2023-06-08
Institutions: Court of Justice
Subjects: association, consumer protection, goods and services, natural person, unfair terms of contract








C_2023261EN.01002202.xml










24.7.2023   


EN


Official Journal of the European Union


C 261/22






Judgment of the Court (Fifth Chamber) of 8 June 2023 (request for a preliminary ruling from the Tribunalul Olt — Romania) — OZ v Lyoness Europe AG
(Case C-455/21, (1) Lyoness Europe)
(Reference for a preliminary ruling - Consumer protection - Directive 93/13/EEC - Unfair terms in consumer contracts - Article 2(b) - Definition of ‘consumer’ - Contract for membership of a loyalty scheme enabling certain financial benefits to be obtained when purchasing goods and services from third-party traders)
(2023/C 261/31)
Language of the case: Romanian

Referring court

Tribunalul Olt

Parties to the main proceedings


Applicant: OZ

Defendant: Lyoness Europe AG

Operative part of the judgment

Article 2(b) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts
must be interpreted as meaning that a natural person who becomes a member of a scheme implemented by a commercial company and allowing, inter alia, certain financial benefits in connection with the purchase, by that natural person or by other persons participating in that scheme further to his or her referral, of goods and services from that company’s business partners, where that natural person is acting for purposes which are outside his or her trade, business or profession, falls within the scope of the concept of ‘consumer’, within the meaning of that provision.


(1)  OJ C 452, 8.11.2021.
Case C-366/23 P: Appeal brought on 8 June 2023 by Compagnie industrielle de la matière végétale (CIMV) against the judgment of the General Court (Eighth Chamber) delivered on 29 March 2023 in Case T-26/22, CIMV v Commission
Date: 2023-06-08
Institutions: Court of Justice
Subjects: Framework Programme for Research and Development, debt, eligibility criteria, innovation, project funding, research and development, rights of the defence








C_2023271EN.01001901.xml










31.7.2023   


EN


Official Journal of the European Union


C 271/19






Appeal brought on 8 June 2023 by Compagnie industrielle de la matière végétale (CIMV) against the judgment of the General Court (Eighth Chamber) delivered on 29 March 2023 in Case T-26/22, CIMV v Commission
(Case C-366/23 P)
(2023/C 271/26)
Language of the case: French

Parties


Appellant: Compagnie industrielle de la matière végétale (CIMV) (represented by: B. Le Bret, R. Rard and P. Renié, avocats)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court should:






—


declare the present appeal admissible and well founded;










—


set aside the judgment under appeal; and










—


give a final ruling on the substance in accordance with Article 61 of the Statute of the Court of Justice and, primarily, grant the form of order sought by CIMV at first instance or, in the alternative, annul Article 3 of the Commission’s decision in so far as it provides for enforcement;










—


in the further alternative, refer the case back to the General Court;










—


order the Commission to pay all the costs.





Grounds of appeal and main arguments

In support of the appeal, the appellant relies on two grounds of appeal:
First, the General Court erred in law and distorted the facts in its assessment of the breach of the principle of the protection of legitimate expectations, in that it should have found that the Commission breached that principle, in view of the legitimate expectation created by the Commission’s response to CIMV.
Secondly, the General Court erred in law and distorted the facts in that it should have held that the decision was adopted in breach of the rights of defence and of the right to be heard, in view of the considerable time that elapsed between the examination of the file, the last communication with the appellant and the adoption of the decision.
Case C-356/23 P: Appeal brought on 8 June 2023 by Tinnus Enterprises LLC against the judgment of the General Court (Tenth Chamber) delivered on 29 March 2023 in Case T-505/21, Tinnus Enterprises v EUIPO — Mystic Products (Fluid distribution equipment)
Date: 2023-06-08
Institutions: Court of Justice
Subjects: designs and models, toy industry








C_202300945EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/945


27.11.2023





Appeal brought on 8 June 2023 by Tinnus Enterprises LLC against the judgment of the General Court (Tenth Chamber) delivered on 29 March 2023 in Case T-505/21, Tinnus Enterprises v EUIPO — Mystic Products (Fluid distribution equipment)
(Case C-356/23 P)
(C/2023/945)
Language of the case: English

Parties


Appellant: Tinnus Enterprises LLC (represented by: A. von Mühlendahl, H. Hartwig and T. Wuttke, Rechtsanwälte)

Other party to the proceedings: European Union Intellectual Property Office
By order of 11 October 2023, the Court of Justice (Chamber determining whether appeals may proceed) held that the appeal was not allowed to proceed and that Tinnus Enterprises LLC should bear its own costs.


ELI: http://data.europa.eu/eli/C/2023/945/oj
ISSN 1977-091X (electronic edition)
Case C-570/21, YYY (concept of ‘consumer’): Judgment of the Court (Fifth Chamber) of 8 June 2023 (request for a preliminary ruling from the Sąd Rejonowy dla Warszawy-Woli w Warszawie — Poland) — I.S., K.S. v YYY. S.A. (Request for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Dual-purpose contract — Article 2(b) — Concept of ‘consumer’ — Criteria)
Date: 2023-06-08
Institutions: Court of Justice
Subjects: consumer credit, consumer protection, entrepreneur, loan, trade credit, unfair terms of contract








C_2023261EN.01002601.xml










24.7.2023   


EN


Official Journal of the European Union


C 261/26






Judgment of the Court (Fifth Chamber) of 8 June 2023 (request for a preliminary ruling from the Sąd Rejonowy dla Warszawy-Woli w Warszawie — Poland) — I.S., K.S. v YYY. S.A.
(Case C-570/21, (1) YYY (concept of ‘consumer’))
(Request for a preliminary ruling - Consumer protection - Directive 93/13/EEC - Unfair terms in consumer contracts - Dual-purpose contract - Article 2(b) - Concept of ‘consumer’ - Criteria)
(2023/C 261/36)
Language of the case: Polish

Referring court

Sąd Rejonowy dla Warszawy-Woli w Warszawie

Parties to the main proceedings


Applicant: I.S., K.S.

Defendant: YYY. S.A.

Operative part of the judgment







1.


Article 2(b) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts
must be interpreted as meaning that the concept of ‘consumer’, within the meaning of that provision, covers a person who has concluded a loan contract intended for a purpose in part within and in part outside his or her trade, business or profession, together with a joint-borrower who did not act within his or her trade, business or profession, where the trade, business or professional purpose is so limited as not to be predominant in the overall context of that contract..










2.


Article 2(b) of Directive 93/13
must be interpreted as meaning that in order to determine whether a person falls within the concept of ‘consumer’, within the meaning of that provision, and, specifically, whether the trade, business or professional purpose of a loan contract concluded by that person is so limited as not to be predominant in the overall context of that contract, the referring court is required to take into consideration all the relevant circumstances surrounding that contract, both quantitative and qualitative, such as, in particular, the distribution of the borrowed capital between, on the one hand, a trade, business or profession and, on the other hand, a non-professional activity and, where there are several borrowers, the fact that only one of them is pursuing a professional purpose or that the lender made the grant of credit intended for consumer purposes conditional on a partial allocation of the amount borrowed to the repayment of debts connected with a trade, business or profession.






(1)  OJ C 24, 17.1.2022.