do-me/EUR-LEX huggingface dataset:
Case T-244/22: Judgment of the General Court of 26 July 2023 — Pšonka v Council (Common foreign and security policy — Restrictive measures taken having regard to the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection)
Date: 2023-07-26
Institutions: General Court
Subjects: EU restrictive measure, Ukraine, economic sanctions, freezing of assets, international sanctions, natural person, right to justice, rights of the defence








C_2023338EN.01002001.xml










25.9.2023   


EN


Official Journal of the European Union


C 338/20






Judgment of the General Court of 26 July 2023 — Pšonka v Council
(Case T-244/22) (1)

(Common foreign and security policy - Restrictive measures taken having regard to the situation in Ukraine - Freezing of funds - List of persons, entities and bodies subject to freezing of funds and economic resources - Maintenance of the applicant’s name on the list - Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection)
(2023/C 338/26)
Language of the case: Czech

Parties


Applicant: Viktor Pavlovyč Pšonka (Kiev, Ukraine) (represented by: M. Mleziva, lawyer)

Defendant: Council of the European Union (represented by: R. Pekař and A. Boggio-Tomasaz, acting as Agents)

Re:

By his action under Article 263 TFEU, the applicant seeks annulment of Council Decision (CFSP) 2022/376 of 3 March 2022, amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2022 L 70, p. 7), and Council Implementing Regulation (EU) 2022/375 of 3 March 2022 implementing Council Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, (OJ 2022 L 70, p. 1), in so far as those measures maintain his name on the list of persons, entities and bodies subject to those restrictive measures.

Operative part of the judgment

The Court:






1.


Annuls Council Decision (CFSP) 2022/376 of 3 March 2022, amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, and Council Implementing Regulation (EU) 2022/375 of 3 March 2022 implementing Council Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, in so far as the name of Viktor Pavlovyč Pšonka was maintained on the list of persons, entities and bodies subject to those restrictive measures;










2.


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






(1)  
            OJ C 244, 27.6.2022.
Notification by the European Union made in accordance with the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part 2023/C 263/02
Date: 2023-07-26
Institutions: Council of the European Union
Subjects: EAEC, European arrest warrant, Poland, United Kingdom, cooperation agreement (EU), crime, extradition, national, trade agreement, trade agreement (EU)








C_2023263EN.01001401.xml










26.7.2023   


EN


Official Journal of the European Union


C 263/14






Notification by the European Union made in accordance with the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part
(2023/C 263/02)
The European Union hereby notifies the United Kingdom and the Specialised Committee on Law Enforcement and Judicial Cooperation of the following in relation to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (the 'Trade and Cooperation Agreement').
I.   NOTIFICATIONS UNDER THE TRADE AND COOPERATION AGREEMENT

1.   Partial withdrawal of a notification under Article 690(4) of the Trade and Cooperation Agreement

The European Union partially withdraws, on behalf of Poland, the notification made by Poland in relation to previous Article LAW.SURR.83(2), now Article 603(2) of the Trade and Cooperation Agreement, that its nationals would not be surrendered by Poland (1).
Poland conditions the surrender of its nationals as follows:
From August 3, 2023, a Polish national may be surrendered to the United Kingdom of Great Britain and Northern Ireland on the basis of an arrest warrant referred to in the Trade and Cooperation Agreement, provided that the act referred to in the arrest warrant was committed outside the territory of the Republic of Poland and outside a Polish ship or aircraft and this act constituted an offence under the law in force in the Republic of Poland or would have constituted an offence under the law in force in the Republic of Poland if it had been committed within the territory of the Republic of Poland, both at the time of its commitment at the time of the filling of the arrest warrant.
Surrender of a Polish national will not be authorised if the arrest warrant has been issued against a person who is suspected of the commission of a crime for political reasons but without the use of force or if the execution of the arrest warrant would violate rights and freedoms of persons and citizens.


(1)  ST 6076/1/21 REV 1.
Case T-67/22: Judgment of the General Court of 26 July 2023 — Guma Holdings v EUIPO — XTB (XTRADE) (EU trade mark — Invalidity proceedings — Figurative mark XTRADE — Relative ground for invalidity — Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001) — Evidence submitted for the first time before the Board of Appeal — Article 95(2) of Regulation 2017/1001)
Date: 2023-07-26
Institutions: General Court
Subjects: EU trade mark, consultancy, electronic publishing, investment company, marketing, registered trade mark, securities, software, trade-mark law








C_202300133EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/133


16.10.2023





Judgment of the General Court of 26 July 2023 — Guma Holdings v EUIPO — XTB (XTRADE)
(Case T-67/22) (1)

(EU trade mark - Invalidity proceedings - Figurative mark XTRADE - Relative ground for invalidity - Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001) - Evidence submitted for the first time before the Board of Appeal - Article 95(2) of Regulation 2017/1001)
(C/2023/133)
Language of the case: English

Parties


Applicant: Guma Holdings Ltd (Limassol, Cyprus) (represented by: M. Oleksyn and M. Stępkowski, lawyers)

Defendant: European Union Intellectual Property Office (represented by: E. Markakis, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: XTB S.A. (Warsaw, Poland) (represented by P. Maślak-Stępnikowska, lawyer)

Re:

By its action under Article 263 TFEU, the applicant seeks the alteration of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 8 November 2021 (Case R 981/2020-5).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Guma Holdings Ltd to pay the costs.






(1)  
            OJ C 138, 28.3.2022.


ELI: http://data.europa.eu/eli/C/2023/133/oj
ISSN 1977-091X (electronic edition)
Case T-662/21: Judgment of the General Court of 26 July 2023 — Troy Chemical Company v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the adoption of Implementing Regulation (EU) 2021/348 — Partial refusal of access — Exception relating to the protection of court proceedings — Exception relating to the protection of legal advice — Overriding public interest)
Date: 2023-07-26
Institutions: General Court
Subjects: access to EU information, drafting of EU law, implementing Regulation, judicial proceedings, legal aid, legislative procedure, provision of documents








C_202300214EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/214


23.10.2023





Judgment of the General Court of 26 July 2023 — Troy Chemical Company v Commission
(Case T-662/21) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to the adoption of Implementing Regulation (EU) 2021/348 - Partial refusal of access - Exception relating to the protection of court proceedings - Exception relating to the protection of legal advice - Overriding public interest)
(C/2023/214)
Language of the case: English

Parties


Applicant: Troy Chemical Company BV (Delft, Netherlands) (represented by: D. Abrahams, Z. Romata and H. Widemann, lawyers)

Defendant: European Commission (represented by: C. Ehrbar, K. Herrmann and R. Lindenthal, acting as Agents)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of Commission Decision C(2021) 5968 final of 5 August 2021, by which the Commission refused the applicant access to certain parts of four documents the disclosure of which had been sought in a request made pursuant to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Troy Chemical Company BV to pay the costs.






(1)  
            OJ C 490, 6.12.2021.


ELI: http://data.europa.eu/eli/C/2023/214/oj
ISSN 1977-091X (electronic edition)
Case T-244/21: Judgment of the General Court of 26 July 2023 — Luossavaara-Kiirunavaara v Commission (Environment — Directive 2003/87/EC — System for greenhouse gas emission allowance trading — Transitional free allocation of greenhouse gas emission allowances — Installations producing a product which is not covered by a product benchmark — No direct substitutability between the products — Rejection of data relating to the free allocation of allowances concerning those installations — Obligation to state reasons — Manifest errors of assessment — Equal treatment — Duty of diligence — International obligations and commitments of the European Union — Plea of illegality)
Date: 2023-07-26
Institutions: General Court
Subjects: EU Emissions Trading Scheme, EU emission allowance, equal treatment, greenhouse gas, industrial pollution, reduction of gas emissions, tradeable emission permit








C_2023338EN.01001702.xml










25.9.2023   


EN


Official Journal of the European Union


C 338/17






Judgment of the General Court of 26 July 2023 — Luossavaara-Kiirunavaara v Commission
(Case T-244/21) (1)

(Environment - Directive 2003/87/EC - System for greenhouse gas emission allowance trading - Transitional free allocation of greenhouse gas emission allowances - Installations producing a product which is not covered by a product benchmark - No direct substitutability between the products - Rejection of data relating to the free allocation of allowances concerning those installations - Obligation to state reasons - Manifest errors of assessment - Equal treatment - Duty of diligence - International obligations and commitments of the European Union - Plea of illegality)
(2023/C 338/22)
Language of the case: English

Parties


Applicant: Luossavaara-Kiirunavaara AB (Luleå, Sweden) (represented by: A. Bryngelsson, F. Sjövall and A. Johansson, lawyers)

Defendant: European Commission (represented by: G. Wils and B. De Meester, acting as Agents)

Intervener in support of the applicant: Kingdom of Sweden (represented by: O. Simonsson, C. Meyer-Seitz, A. Runeskjöld, M. Salborn Hodgson, H. Shev, H. Eklinder and R. Shahsavan Eriksson, acting as Agents)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of Article 1(3) of Commission Decision (EU) 2021/355 of 25 February 2021 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council (OJ 2021 L 68, p. 221).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Luossavaara-Kiirunavaara AB to bear its own costs and to pay those incurred by the European Commission;










3.


Orders the Kingdom of Sweden to bear its own costs.






(1)  
            OJ C 289, 19.7.2021.
Case T-243/22: Judgment of the General Court of 26 July 2023 — Pšonka v Council (Common foreign and security policy — Restrictive measures taken having regard to the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to freezing of funds and economic resources — Maintenance of the applicant’s name on the list — Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection)
Date: 2023-07-26
Institutions: General Court
Subjects: EU restrictive measure, Ukraine, economic sanctions, freezing of assets, international sanctions, natural person, right to justice, rights of the defence








C_2023338EN.01001902.xml










25.9.2023   


EN


Official Journal of the European Union


C 338/19






Judgment of the General Court of 26 July 2023 — Pšonka v Council
(Case T-243/22) (1)

(Common foreign and security policy - Restrictive measures taken having regard to the situation in Ukraine - Freezing of funds - List of persons, entities and bodies subject to freezing of funds and economic resources - Maintenance of the applicant’s name on the list - Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection)
(2023/C 338/25)
Language of the case: Czech

Parties


Applicant: Artem Viktorovyč Pšonka (Kramatorsk, Ukraine) (represented by: M. Mleziva, lawyer)

Defendant: Council of the European Union (represented by: M. Vobořil, R. Pekař and A. Boggio-Tomasaz, acting as Agents)

Re:

By his action under Article 263 TFEU, the applicant seeks annulment of Council Decision (CFSP) 2022/376 of 3 March 2022, amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2022 L 70, p. 7), and Council Implementing Regulation (EU) 2022/375 of 3 March 2022 implementing Council Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, (OJ 2022 L 70, p. 1), in so far as those measures maintain his name on the list of persons, entities and bodies subject to those restrictive measures.

Operative part of the judgment

The Court:






1.


Annuls Council Decision (CFSP) 2022/376 of 3 March 2022, amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, and Council Implementing Regulation (EU) 2022/375 of 3 March 2022 implementing Council Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, in so far as the name of Artem Viktorovych Pšonka was maintained on the list of persons, entities and bodies subject to those restrictive measures;










2.


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






(1)  
            OJ C 244, 27.6.2022.
Case T-269/21: Judgment of the General Court of 26 July 2023 — Arctic Paper Grycksbo v Commission (Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — National implementing measures — Transitional free allocation of greenhouse gas emission allowances — Decision to exclude an installation exclusively using biomass — Duty of diligence — Right to be heard — Obligation to state reasons — Manifest error of assessment — Equal treatment — Legitimate expectations — Plea of illegality — Paragraph 1 of Annex I to Directive 2003/87)
Date: 2023-07-26
Institutions: General Court
Subjects: EU Emissions Trading Scheme, EU emission allowance, biomass, equal treatment, greenhouse gas, industrial pollution, reduction of gas emissions, rights of the defence, tradeable emission permit








C_2023338EN.01001801.xml










25.9.2023   


EN


Official Journal of the European Union


C 338/18






Judgment of the General Court of 26 July 2023 — Arctic Paper Grycksbo v Commission
(Case T-269/21) (1)

(Environment - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - National implementing measures - Transitional free allocation of greenhouse gas emission allowances - Decision to exclude an installation exclusively using biomass - Duty of diligence - Right to be heard - Obligation to state reasons - Manifest error of assessment - Equal treatment - Legitimate expectations - Plea of illegality - Paragraph 1 of Annex I to Directive 2003/87)
(2023/C 338/23)
Language of the case: Swedish

Parties


Applicant: Arctic Paper Grycksbo AB (Grycksbo, Sweden) (represented by: A. Bryngelsson, A. Johansson and F. Sjövall, lawyers)

Defendant: European Commission (represented by: G. Wils, B. De Meester and P. Carlin, acting as Agents)

Interveners in support of the defendant: European Parliament (represented by: C. Ionescu Dima, W. Kuzmienko and P. Biström, acting as Agents), Council of the European Union (represented by: A. Norberg and J. Himmanen, acting as Agents)

Re:

By its action based on Article 263 TFEU, the applicant seeks annulment, in so far as it is concerned, of Article 1(1) of, and Annex I to, Commission Decision (EU) 2021/355 of 25 February 2021 concerning national implementation measures for the transitional free allocation of greenhouse gas emission allowances in accordance with Article 11(3) of Directive 2003/87/EC of the European Parliament and of the Council (OJ 2021 L 68, p. 221).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders each party to bear its own costs.






(1)  
            OJ C 297, 26.7.2021.
Case T-109/22: Judgment of the General Court of 26 July 2023 — Schneider v EUIPO — Frutaria Innovation (frutania) (EU trade mark — Opposition proceedings — Application for the EU figurative mark frutania — Earlier EU figurative mark Frutaria — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
Date: 2023-07-26
Institutions: General Court
Subjects: EU trade mark, carriage of goods, fruit, packaging, registered trade mark, retail selling, storage of food, trade-mark law, vegetable, wholesale selling








C_2023338EN.01001901.xml










25.9.2023   


EN


Official Journal of the European Union


C 338/19






Judgment of the General Court of 26 July 2023 — Schneider v EUIPO — Frutaria Innovation (frutania)
(Case T-109/22) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark frutania - Earlier EU figurative mark Frutaria - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2023/C 338/24)
Language of the case: English

Parties


Applicant: Markus Schneider (Bonn, Germany) (represented by: M. Bergermann and D. Graetsch, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Frutaria Innovation, SL, formerly Frutaria Comercial de Frutas y Hortalizas, SL (Saragossa, Spain) (represented by: J. Learte Álvarez and C. Anadón Giménez, lawyers)

Re:

By his action under Article 263 TFEU, the applicant seeks the annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 17 December 2021 (Case R 1058/2017-1).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Markus Schneider to pay the costs.






(1)  
            OJ C 158, 11.4.2022.
Prior notification of a concentration (Case M.11100 – MUTARES / WALOR INTERNATIONAL) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 263/06
Date: 2023-07-26
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, energy industry, investment company, merger control, motor vehicle, vehicle parts








C_2023263EN.01015301.xml










26.7.2023   


EN


Official Journal of the European Union


C 263/153






Prior notification of a concentration
(Case M.11100 – MUTARES / WALOR INTERNATIONAL)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 263/06)

1.   
On 19 July 2023, the Commission received notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Mutares SE & Co. KGaA (‘Mutares’, Germany),










—


Walor International S.A.S. (‘Walor’, France).




Mutares will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Walor.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are the following:






—


Mutares is an investment company focusing on the acquisition of parts of large corporations and medium-sized companies in various sectors,










—


Walor manufactures and supplies parts and accessories for motor vehicles, including powertrains and steering systems, as well as components for the energy sector.






3.   
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.
Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.


4.   
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:
M.11100 – MUTARES / WALOR INTERNATIONAL
Observations can be sent to the Commission by email or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu
Postal address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË







(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.