do-me/EUR-LEX huggingface dataset:
Case T-65/18 RENV: Judgment of the General Court of 13 September 2023 — Venezuela v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Venezuela — Prohibition on the sale, supply, transfer or export of certain goods and services — Right to be heard — Obligation to state reasons — Material inaccuracy of the facts — Manifest error of assessment — Public international law)
Date: 2023-09-13
Institutions: General Court
Subjects: EU restrictive measure, Venezuela, economic sanctions, international sanctions, public international law, rights of the defence, trade restriction








C_202300649EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/649


13.11.2023





Judgment of the General Court of 13 September 2023 — Venezuela v Council
(Case T-65/18 RENV) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in Venezuela - Prohibition on the sale, supply, transfer or export of certain goods and services - Right to be heard - Obligation to state reasons - Material inaccuracy of the facts - Manifest error of assessment - Public international law)
(C/2023/649)
Language of the case: English

Parties


Applicant: Bolivarian Republic of Venezuela (represented by: F. Di Gianni, P. Palchetti, C. Favilli and A. Scalini, lawyers)

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

Re:

By its action pursuant to Article 263 TFEU, the Bolivarian Republic of Venezuela seeks the annulment of (i) Articles 2, 3, 6 and 7 of Council Regulation (EU) 2017/2063 of 13 November 2017 concerning restrictive measures in view of the situation in Venezuela (OJ 2017 L 295, p. 21), (ii) Council Implementing Regulation (EU) 2018/1653 of 6 November 2018 implementing the contested regulation (OJ 2018 L 276, p. 1), in so far as that implementing regulation concerns it, and (iii) Council Decision (CFSP) 2018/1656 of 6 November 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 276, p. 10), in so far as that decision concerns it.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Council of the European Union to bear its own costs and to pay those incurred by the Bolivarian Republic of Venezuela in relation to the proceedings on the appeal before the Court of Justice in Case C-872/19 P;










3.


Orders the Bolivarian Republic of Venezuela to pay the costs relating to the proceedings referred back to the General Court in Case T-65/18 RENV, as well as those relating to the initial proceedings before the General Court in Case T-65/18.






(1)  
            OJ C 134, 16.4.2018.


ELI: http://data.europa.eu/eli/C/2023/649/oj
ISSN 1977-091X (electronic edition)
European Parliament legislative resolution of 13 September 2023 on the proposal for a Council decision on guidelines for the employment policies of the Member States (COM(2023)0599 — C9-0200/2023 — 2023/0173(NLE))
Date: 2023-09-13
Institutions: Committee on Employment and Social Affairs, European Parliament
Subjects: EU Member State, EU employment policy, equal treatment, job creation, labour market, marginalisation, social dialogue, social integration, working conditions








C_202401786EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1786


22.3.2024






P9_TA(2023)0314
Guidelines for the employment policies of the Member States
European Parliament legislative resolution of 13 September 2023 on the proposal for a Council decision on guidelines for the employment policies of the Member States (COM(2023)0599 — C9-0200/2023 — 2023/0173(NLE))
(Consultation)
(C/2024/1786)



The European Parliament,






—


having regard to the Commission proposal to the Council (COM(2023)0599),










—


having regard to Article 148(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0200/2023),










—


having regard to Rule 82 of its Rules of Procedure,










—


having regard to the report of the Committee on Employment and Social Affairs (A9-0241/2023),













1.


Approves the Commission proposal;












2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;












3.


Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;












4.


Instructs its President to forward its position to the Council and the Commission.






ELI: http://data.europa.eu/eli/C/2024/1786/oj
ISSN 1977-091X (electronic edition)
Case T-473/22: Judgment of the General Court of 13 September 2023 — Gürok Turizm ve Madencilik v EUIPO — Darvas and Pap (LΛΛVΛ) (EU trade mark — Opposition proceedings — Application for the EU figurative mark LΛΛVΛ — Earlier EU figurative marks LAV and Lav — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001 — Right to be heard — Article 94(1), second sentence, of Regulation 2017/1001)
Date: 2023-09-13
Institutions: General Court
Subjects: EU trade mark, glass, precious stones, registered trade mark, trade-mark law








C_202300532EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/532


6.11.2023





Judgment of the General Court of 13 September 2023 — Gürok Turizm ve Madencilik v EUIPO — Darvas and Pap (LΛΛVΛ)
(Case T-473/22) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark LΛΛVΛ - Earlier EU figurative marks LAV and Lav - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Right to be heard - Article 94(1), second sentence, of Regulation 2017/1001)
(C/2023/532)
Language of the case: English

Parties


Applicant: Gürok Turizm ve Madencilik Anonim Sirketi (Kütahya, Türkiye) (represented by: M. López Camba and A. Lyubomirova Geleva, lawyers)

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

Other parties to the proceedings before the Board of Appeal of EUIPO: Gábor Darvas (Budapest, Hungary), Dorina Pap (Kiskunhalas, Hungary)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 20 May 2022 (Case R 1745/2021-2).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Gürok Turizm ve Madencilik Anonim Sirketi to pay the costs.






(1)  
            OJ C 359, 19.9.2022.


ELI: http://data.europa.eu/eli/C/2023/532/oj
ISSN 1977-091X (electronic edition)
Opinion of the Advisory Committee on mergers at its meeting on 13 September 2023 concerning a draft decision in case M.10615 – BOOKING HOLDINGS / ETRAVELI GROUP – Rapporteur: Denmark
Date: 2023-09-13
Institutions: Advisory Committee on Concentrations
Subjects: economic concentration, electronic commerce, merger control, tourism, vehicle rental








C_202403644EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/3644


10.6.2024






Opinion of the Advisory Committee on mergers at its meeting on 13 September 2023 concerning a draft decision in case M.10615 – BOOKING HOLDINGS / ETRAVELI GROUP
Rapporteur: Denmark
(C/2024/3644)


Jurisdiction









1.


The Advisory Committee (15 Member States) agrees with the Commission that the notified transaction constitutes a concentration within the meaning of Article 3(1)(b) of the Merger Regulation.












2.


The Advisory Committee (15 Member States) agrees with the Commission that the notified transaction has an EU dimension within the meaning of the Merger Regulation.





Market definition









3.


The Advisory Committee (13 Member States) agrees with the Commission’s definitions of the relevant product and geographic markets as stated in the draft decision. More specifically:






a.


Hotel online travel agencies (‘OTAs’) market (one Member State disagrees)










b.


Flight OTAs market










c.


EEA-wide markets (one Member State disagrees, one Member State abstains)









Competitive assessment









4.


The Advisory Committee (15 Member States) agrees with the Commission’s assessment that the competitive concerns identified with respect to the EEA-wide hotel OTAs market are merger specific.












5.


The Advisory Committee (15 Member States) agrees with the Commission’s assessment that the notified transaction is likely to lead to a significant impediment of effective competition in the EEA as a result of a strengthening of Booking’s dominant position in the EEA hotel OTA market due to a structural change in the market that would give rise to conglomerate effects.





Commitments









6.


The Advisory Committee (15 Member States) agrees with the Commission that the final commitments offered by the notifying party on 23 August 2023 do not eliminate the competition concerns identified by the Commission (question 5) entirely.





Incompatibility with the internal market and the EEA Agreement









7.


The Advisory Committee (15 Member States) agrees with the Commission that the notified transaction must therefore be declared incompatible with the internal market and the functioning of the EEA Agreement in accordance with Article 2(3) and 8(3) of the Merger Regulation and Article 57 of the EEA Agreement.






ELI: http://data.europa.eu/eli/C/2024/3644/oj
ISSN 1977-091X (electronic edition)
Cases T-97/21 and T-215/22: Judgment of the General Court of 13 September 2023 — Synesis v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in Belarus — Freezing of funds — Inclusion and maintenance of the applicant’s name on the lists of persons, entities and bodies concerned — Error of assessment)
Date: 2023-09-13
Institutions: General Court
Subjects: Belarus, EU restrictive measure, economic sanctions, freezing of assets, international sanctions, legal person








C_202300514EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/514


6.11.2023





Judgment of the General Court of 13 September 2023 — Synesis v Council
(Cases T-97/21 and T-215/22) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in Belarus - Freezing of funds - Inclusion and maintenance of the applicant’s name on the lists of persons, entities and bodies concerned - Error of assessment)
(C/2023/514)
Language of the case: German

Parties


Applicant: Synesis TAA (Minsk, Belarus) (represented by: G. Lansky and A. Egger, lawyers)

Defendant: Council of the European Union (represented by: T. Haas, J. Haunold and S. Van Overmeire, acting as Agents)

Re:

By its actions under Article 263 TFEU, the applicant seeks annulment:






—


of Council Implementing Decision (CFSP) 2020/2130 of 17 December 2020 implementing Decision 2012/642/CFSP concerning restrictive measures against Belarus (OJ 2020 L 426I, p. 14 ), and of Council Implementing Regulation (EU) 2020/2129 of 17 December 2020 implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus (OJ 2020 L 426I, p. 1);










—


of Council Decision (CFSP) 2021/353 of 25 February 2021 amending Decision 2012/642/CFSP concerning restrictive measures against Belarus (OJ 2021 L 68, p. 189), and of Council Implementing Regulation (EU) 2021/339 of 25 February 2021 implementing Article 8a of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus (OJ 2021 L 68, p. 29), and










—


of Council Decision (CFSP) 2022/307 of 24 February 2022 amending Decision 2012/642/CFSP concerning restrictive measures in view of the situation in Belarus (OJ 2022 L 46, p. 97), and of Council Implementing Regulation (EU) 2022/300 of 24 February 2022 implementing Article 8a of Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus (OJ 2022 L 46, p. 3),




in so far as those acts concern the applicant.

Operative part of the judgment

The Court:






1.


Joins Cases T-97/21 and T-215/22 for the purposes of the judgment;










2.


Dismisses the actions;










3.


Orders Synesis TAA to bear its own costs and to pay those incurred by the Council of the European Union.






(1)  
            OJ C 148, 26.4.2021.


ELI: http://data.europa.eu/eli/C/2023/514/oj
ISSN 1977-091X (electronic edition)
Case C-567/23, BG Technik II: Request for a preliminary ruling from the Krajský soud v Ostravě (Czech Republic) lodged on 13 September 2023 — BG Technik cs, a.s v Generální ředitelství cel
Date: 2023-09-13
Institutions: Court of Justice
Subjects: Combined Nomenclature, carriage of passengers, motor vehicle, specification of tariff heading








C_202301130EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/1130


4.12.2023





Request for a preliminary ruling from the Krajský soud v Ostravě (Czech Republic) lodged on 13 September 2023 — BG Technik cs, a.s v Generální ředitelství cel
(Case C-567/23, BG Technik II)
(C/2023/1130)
Language of the case: Czech

Referring court

Krajský soud v Ostravě

Parties to the main proceedings


Applicant: BG Technik cs, a.s

Defendant: Generální ředitelství cel

Question referred

May an electric carriage with the following properties:






—


Two axels with rear-axle drive;










—


Two sets of tyres, with the rear tyres being larger to prevent tipping over;










—


The carriage is controlled with closed oval-shaped handlebars on a separate steering column fitted with control features and adapted for controlling the steering and speed with one hand;










—


The carriage is fitted with an electromagnetic brake on the rear wheels;










—


The dimensions of the carriage are 122 x 63 x 125 cm (l-w-h) — the height is measured with the seat in the operating position;










—


Adjustable and rotating seat with supports;










—


Horizontal platform connecting the front and rear sections of the carriage;










—


Electric motor with an output of 800 W, enabling a speed of up to 15 km per hour and a range of up to 45 km;




be classified under heading 8713 90 00 of the Combined Nomenclature despite Commission Implementing Regulation (EU 2021/1367) (1) of 6 August 2021?


(1)  Commission Implementing Regulation (EU) 2021/1367 of 6 August 2021 concerning the classification of certain goods in the Combined Nomenclature (OJ 2021 L 294, p. 1).


ELI: http://data.europa.eu/eli/C/2023/1130/oj
ISSN 1977-091X (electronic edition)
Case T-86/22: Judgment of the General Court of 13 September 2023 — Associazione ‘Terra Mia Amici No TAP’ v EIB (Environment — Financing of the Trans-Adriatic Pipeline — Deliberation of the EIB approving the financing — Publication — Article 10 of Regulation (EC) No 1367/2006 — Request for internal review — Late submission of request)
Date: 2023-09-13
Institutions: General Court
Subjects: Adriatic Sea, Albania, EU financing, Greece, Italy, gas pipeline, limitation of legal proceedings, loan








C_202300522EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/522


6.11.2023





Judgment of the General Court of 13 September 2023 — Associazione ‘Terra Mia Amici No TAP’ v EIB
(Case T-86/22) (1)

(Environment - Financing of the Trans-Adriatic Pipeline - Deliberation of the EIB approving the financing - Publication - Article 10 of Regulation (EC) No 1367/2006 - Request for internal review - Late submission of request)
(C/2023/522)
Language of the case: Italian

Parties


Applicant: Associazione ‘Terra Mia Amici No TAP’ (Melendugno, Italy) (represented by: A. Calò, lawyer)

Defendant: European Investment Bank (represented by: T. Gilliams, G. Faedo and K. Carr, acting as Agents, and by A. Dal Ferro, lawyer)

Intervener in support of the defendant: European Commission (represented by: G. Gattinara and L. Mantl, acting as Agents)

Re:

By its action under Article 263 TFEU, the applicant seeks, in essence, annulment of Decision No 1861 (JU/CORP/ICL/GG/KC/av) of the European Investment Bank (EIB) of 17 December 2021 rejecting as inadmissible the request for internal review of 19 December 2020 concerning the decision of the EIB of 6 February 2018 on the financing of the gas pipeline from Greece to Italy via Albania and the Adriatic Sea, also known as the ‘Trans-Adriatic Pipeline (TAP)’ and the loan agreement concluded, in accordance with that decision, on 30 November 2018 on the basis, inter alia, that that request for internal review was submitted late and, consequently, an order requiring the EIB to adopt a new decision recalling that loan.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Associazione ‘Terra Mia No TAP’ to bear its own costs and to pay the costs incurred by the European Investment Bank (EIB);










3.


Orders the European Commission to bear its own costs.






(1)  
            OJ C 165, 19.4.2022.


ELI: http://data.europa.eu/eli/C/2023/522/oj
ISSN 1977-091X (electronic edition)
Case T-137/22: Judgment of the General Court of 13 September 2023 — Netherlands v Commission (Action for annulment — EAGF — Regulation (EU) No 1306/2013 — Undue payment — Letter rejecting the request for extension of the eight-year time limit for recovery — Act not open to challenge — Inadmissibility)
Date: 2023-09-13
Institutions: General Court
Subjects: EAGF, admissibility, agricultural expenditure, aid to agriculture, eligibility criteria, reimbursement of aid








C_202300523EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/523


6.11.2023





Judgment of the General Court of 13 September 2023 — Netherlands v Commission
(Case T-137/22) (1)

(Action for annulment - EAGF - Regulation (EU) No 1306/2013 - Undue payment - Letter rejecting the request for extension of the eight-year time limit for recovery - Act not open to challenge - Inadmissibility)
(C/2023/523)
Language of the case: Dutch

Parties


Applicant: Kingdom of the Netherlands (represented by: M. Bulterman and J. Langer, acting as Agents)

Defendant: European Commission (represented by: J. Aquilina and M. ter Haar, acting as Agents)

Re:

By its action based on Article 263 TFEU, the Kingdom of the Netherlands seeks annulment of the letter bearing reference Ares(2022) 99942 which the services of the European Commission sent it on 6 January 2022 in relation to its request for a four-year extension of the eight-year time limit prescribed for the recovery of the payments unduly made to Telerscoöperatie FresQ U. A. under the European Agricultural Guarantee Fund (EAGF).

Operative part of the judgment

The Court:






1.


Dismisses the action as inadmissible;










2.


Orders the Kingdom of the Netherlands to pay the costs.






(1)  
            OJ C 198, 16.5.2022.


ELI: http://data.europa.eu/eli/C/2023/523/oj
ISSN 1977-091X (electronic edition)
European Parliament legislative resolution of 13 September 2023 on the draft Council decision concerning the extension of the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America (08892/2023) — C9-0186/2023 — 2023/0088(NLE))
Date: 2023-09-13
Institutions: Committee on Industry, Research and Energy, European Parliament
Subjects: United States, cooperation agreement (EU), renewal of an agreement, scientific cooperation, technical cooperation, technology








C_202401785EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1785


22.3.2024






P9_TA(2023)0313
EU/USA agreement for scientific and technological cooperation: extension
European Parliament legislative resolution of 13 September 2023 on the draft Council decision concerning the extension of the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America (08892/2023) — C9-0186/2023 — 2023/0088(NLE))
(Consent)
(C/2024/1785)



The European Parliament,






—


having regard to the draft Council decision (08892/2023),










—


having regard to Council Decision 98/591/EC of 13 October 1998 concerning the conclusion of the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America (1),










—


having regard to the request for consent submitted by the Council in accordance with Article 186 and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C9-0186/2023),










—


having regard to the Rule 105(1) and (4), and Rule 114(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Industry, Research and Energy (A9-0242/2023),













1.


Gives its consent to the extension of the agreement;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and the Government of the United States of America.






(1)  
            OJ L 284, 22.10.1998, p. 35.


ELI: http://data.europa.eu/eli/C/2024/1785/oj
ISSN 1977-091X (electronic edition)