do-me/EUR-LEX huggingface dataset:
Case C-508/22, Administrația Județeană a Finanțelor Publice Brașov (Transfer of the right to reimbursement): Judgment of the Court (Eighth Chamber) of 28 September 2023 (request for a preliminary ruling from the Curtea de Apel Braşov — Romania) — KL, PO v Administrația Județeană a Finanțelor Publice Brașov (Reference for a preliminary ruling — Internal taxation — Article 110 TFEU — Repayment of a tax levied by a Member State in breach of EU law — Tax on the first registration of a motor vehicle — Incorporation of the tax in the market value of the vehicle in respect of which that tax was paid — Transfer to a subsequent purchaser of the vehicle of the right to reimbursement)
Date: 2023-09-28
Institutions: Court of Justice
Subjects: motor vehicle, purchase, registration tax, tax law, tax rebate, taxpayer, transfer of property, vehicle registration








C_202300634EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/634


13.11.2023





Judgment of the Court (Eighth Chamber) of 28 September 2023 (request for a preliminary ruling from the Curtea de Apel Braşov — Romania) — KL, PO v Administrația Județeană a Finanțelor Publice Brașov
(Case C-508/22, (1) Administrația Județeană a Finanțelor Publice Brașov (Transfer of the right to reimbursement))
(Reference for a preliminary ruling - Internal taxation - Article 110 TFEU - Repayment of a tax levied by a Member State in breach of EU law - Tax on the first registration of a motor vehicle - Incorporation of the tax in the market value of the vehicle in respect of which that tax was paid - Transfer to a subsequent purchaser of the vehicle of the right to reimbursement)
(C/2023/634)
Language of the case: Romanian

Referring court

Curtea de Apel Braşov

Parties to the main proceedings


Applicants: KL, PO

Defendant: Administrația Județeană a Finanțelor Publice Brașov

Operative part of the judgment







1.


Article 110 TFEU must be interpreted as meaning that the amount of a tax levied, in breach of EU law, by a Member State on motor vehicles at the time of their first registration may be incorporated in the value of those vehicles, with the result that the claim against the State on account of the unlawful levying of that tax is considered to have been transferred, on the sale of those vehicles, to the subsequent purchasers thereof.










2.


Article 110 TFEU must be interpreted as not precluding national legislation which provides that a tax levied by a Member State, in breach of EU law, on motor vehicles at the time of their first registration can be refunded only to the taxable person who paid that tax, and not to a subsequent purchaser of the vehicle in question, provided that the purchaser who actually bore the burden of that tax may, in accordance with detailed national procedural rules, obtain the reimbursement thereof from the taxable person who paid the tax or, if necessary, from the tax authorities, where, in particular, repayment by that taxable person proves impossible or excessively difficult..






(1)  
            OJ C 424, 7.11.2022.


ELI: http://data.europa.eu/eli/C/2023/634/oj
ISSN 1977-091X (electronic edition)
Corrigendum to Commission Regulation (EU) 2023/1803 of 13 August 2023 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council (Official Journal of the European Union L 237 of 26 September 2023)
Date: 2023-09-28
Institutions: European Commission
Subjects: International Accounting Standards, financial accounting, financial legislation, insurance contract








L_2023239EN.01003901.xml










28.9.2023   


EN


Official Journal of the European Union


L 239/39







Corrigendum to Commission Regulation (EU) 2023/1803 of 13 August 2023 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council

(
Official Journal of the European Union L 237 of 26 September 2023
)


On page 1, in the title, and on page 3, in the concluding formula:
for:


                  ‘
                  13 August 2023
                  ’,

read:


                  ‘
                  13 September 2023
                  ’.
Non-opposition to a notified concentration (Case M.11098 – JACQUET METALS / SWISS STEEL COMPANIES)
Date: 2023-09-28
Institutions: Directorate-General for Competition, European Commission
Subjects: distributor, economic concentration, iron and steel product, merger control








C_202300257EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/257


13.10.2023






Non-opposition to a notified concentration
(Case M.11098 – JACQUET METALS / SWISS STEEL COMPANIES)
(Text with EEA relevance)
(C/2023/257)

On 28 September 2023, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the ‘Competition policy’ website of the Commission (https://competition-cases.ec.europa.eu/search). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32023M11098. EUR-Lex is the online point of access to European Union law.






(1)  
            OJ L 24, 29.1.2004, p. 1.


ELI: http://data.europa.eu/eli/C/2023/257/oj
ISSN 1977-091X (electronic edition)
Case T-173/22: Order of the General Court of 28 September 2023 — T-Systems International v Commission (Public supply contracts — Withdrawal of the contested acts — No need to adjudicate)
Date: 2023-09-28
Institutions: General Court
Subjects: award of contract, invitation to tender, provision of services, public procurement, services contract, telematics, tendering








C_202300983EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/983


27.11.2023





Order of the General Court of 28 September 2023 — T-Systems International v Commission
(Case T-173/22) (1)

(Public supply contracts - Withdrawal of the contested acts - No need to adjudicate)
(C/2023/983)
Language of the case: English

Parties


Applicant: T-Systems International GmbH (Frankfurt am Main, Germany) (represented by: E. van Nuffel d’Heynsbroeck and D. Bogaert, lawyers)

Defendant: European Commission (represented by: L. André, M. Ilkova and T. Van Noyen, acting as Agents)

Intervener in support of the defendant: BT Global Services Belgium (Machelen, Belgium) (represented by: V. Dor, A. Lepièce and M. Vilain XIIII, lawyers)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of the European Commission’s decisions of 21 January 2022 rejecting the tender which it submitted in the call for tenders DIGIT/A3/PR/2019/010 entitled ‘Trans-European Services for Telematics between Administrations (TESTA)’ and awarding the contract to the intervener, BT Global Services Belgium.

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


T-Systems International GmbH, the European Commission and BT Global Services Belgium shall bear their own costs.






(1)  
            OJ C 237, 20.6.2022.


ELI: http://data.europa.eu/eli/C/2023/983/oj
ISSN 1977-091X (electronic edition)
Non-opposition to a notified concentration (Case M.11150 – VERSALIS / NOVAMONT)
Date: 2023-09-28
Institutions: Directorate-General for Competition, European Commission
Subjects: chemical industry, clean technology, economic concentration, merger control, new technology, renewable resources, sustainable product








C_202301614EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/1614


21.12.2023






Non-opposition to a notified concentration
(Case M.11150 – VERSALIS / NOVAMONT)
(Text with EEA relevance)
(C/2023/1614)

On 28 September 2023, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the ‘Competition policy’ website of the Commission (https://competition-cases.ec.europa.eu/search). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32023M11150. EUR-Lex is the online point of access to European Union law.






(1)  
            OJ L 24, 29.1.2004, p. 1.


ELI: http://data.europa.eu/eli/C/2023/1614/oj
ISSN 1977-091X (electronic edition)
Case T-598/23: Action brought on 28 September 2023 — Nio v EUIPO — Audi (ES6)
Date: 2023-09-28
Institutions: General Court
Subjects: EU trade mark, electricity storage device, general mechanical engineering, motor vehicle, registered trade mark, rental business, trade-mark law, vehicle parts








C_202300673EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/673


13.11.2023





Action brought on 28 September 2023 — Nio v EUIPO — Audi (ES6)
(Case T-598/23)
(C/2023/673)
Language in which the application was lodged: German

Parties


Applicant: Nio Holding Co. Ltd (Hefei, China) (represented by: T. Hogh Holub, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Audi AG (Ingolstadt, Germany)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU word mark ES6 — EU trade mark No 16 079 212

Proceedings before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 12 July 2023 in Case R 548/2023-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO and Audi AG to pay the costs.





Pleas in law







—


Infringement of Article 60(1)(a), read in conjunction with Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 95(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, read in conjunction with Article 27(4) of Commission Delegated Regulation (EU) 2018/625;










—


Infringement of Article 64(2), read in conjunction with Article 18(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, read in conjunction with Article 10(3) of Commission Delegated Regulation (EU) 2018/625.






ELI: http://data.europa.eu/eli/C/2023/673/oj
ISSN 1977-091X (electronic edition)
Case T-600/23: Action brought on 28 September 2023 — BNetzA v ACER
Date: 2023-09-28
Institutions: General Court
Subjects: EU energy policy, electrical energy, energy distribution, energy grid, energy law








C_202300674EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/674


13.11.2023





Action brought on 28 September 2023 — BNetzA v ACER
(Case T-600/23)
(C/2023/674)
Language of the case: English

Parties


Applicant: Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen (BNetzA) (Bonn, Germany) (represented by: U. Karpenstein and K. Reiter, lawyers)

Defendant: European Union Agency for the Cooperation of Energy Regulators

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the Board of Appeal of the European Union Agency for the Cooperation of Energy Regulators of 7 July 2023 (A-003-2019_R), confirming decision No 2/2019 of 21 February 2019 of the Agency for the Cooperation of Energy Regulators on the Core CCR TSO’s proposals for the regional design of the day-ahead and intraday common capacity calculation methodologies;










—


order the defendant to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on one plea in law, alleging that the Board of Appeal erred in law by confirming the mechanism imposed by common coordinated capacity calculation methodologies. That mechanism is unlawful, since it makes it impossible or, at least more difficult than provided by the law, to apply capacity calculation to internal network elements. This is contrary to Articles 14 to 16 of Regulation (EU) 2019/943 of the European Parliament and of the Council (1) and Commission Regulation (EU) 2015/1222, (2) as a literal, historical, systematic and purposive readings show. An interpretation of Articles 14 to 16 of Regulation (EU) 2019/943 in the light of EU primary law confirms this result.


(1)  Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ 2019 L 158, p. 54).

(2)  Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management (OJ 2015 L 197, p. 24).


ELI: http://data.europa.eu/eli/C/2023/674/oj
ISSN 1977-091X (electronic edition)
Commission Decision (EU) 2023/2099 of 28 September 2023 confirming the participation of Ireland in Regulation (EU) 2022/850 of the European Parliament and of the Council on a computerised system for the cross-border electronic exchange of data in the area of judicial cooperation in civil and criminal matters (e-CODEX system) (Text with EEA relevance)
Date: 2023-09-28
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: Ireland, civil proceedings, criminal proceedings, cross-border cooperation, electronic document management, electronic government, exchange of information, information system, judicial cooperation in civil matters in the EU, judicial cooperation in criminal matters in the EU








L_2023241EN.01014401.xml










29.9.2023   


EN


Official Journal of the European Union


L 241/144








            COMMISSION DECISION (EU) 2023/2099
of 28 September 2023
         
confirming the participation of Ireland in Regulation (EU) 2022/850 of the European Parliament and of the Council on a computerised system for the cross-border electronic exchange of data in the area of judicial cooperation in civil and criminal matters (e-CODEX system)
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

Having regard to Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and in particular Article 4 thereof,


Having regard to the notification by Ireland of its wish to accept and be bound by Regulation (EU) 2022/850 of the European Parliament and of the Council of 30 May 2022 on a computerised system for the cross-border electronic exchange of data in the area of judicial cooperation in civil and criminal matters (e-CODEX system), and amending Regulation (EU) 2018/1726 (1),

Whereas:







(1)


By letter to the Commission of 28 June 2023, Ireland notified its wish, in accordance with Article 4 of Protocol (No 21), to accept and be bound by Regulation (EU) 2022/850.












(2)


There are no conditions attached to the participation of Ireland in Regulation (EU) 2022/850 and there is no need for transitional measures.












(3)


The participation of Ireland in Regulation (EU) 2022/850 should therefore be confirmed.












(4)


In order to allow Ireland to apply Regulation (EU) 2022/850 as soon as possible, this Decision should enter into force on the day following that of its publication,





HAS ADOPTED THIS DECISION:



Article 1
The participation of Ireland in Regulation (EU) 2022/850 is confirmed.


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 Brussels, 28 September 2023.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 150, 1.6.2022, p. 1.
Case C-321/21 P: Judgment of the Court (Fourth Chamber) of 28 September 2023 — Ryanair DAC v European Commission, Kingdom of Denmark, French Republic, SAS AB (Appeal — State aid — Article 107(2)(b) TFEU — Danish air transport market — Aid granted by the Kingdom of Denmark to an airline amid the COVID-19 pandemic — Temporary Framework for State aid measures — State guarantee for a revolving credit facility — Decision by the European Commission not to raise objections — Aid intended to make good the damage suffered by a single victim — Principles of proportionality and non-discrimination — Freedom of establishment and freedom to provide services)
Date: 2023-09-28
Institutions: Court of Justice
Subjects: Denmark, State aid, control of State aid, coronavirus disease, epidemic, equal treatment, freedom to provide services, low cost airline, principle of proportionality, right of establishment








C_202300620EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/620


13.11.2023





Judgment of the Court (Fourth Chamber) of 28 September 2023 — Ryanair DAC v European Commission, Kingdom of Denmark, French Republic, SAS AB
(Case C-321/21 P) (1)

(Appeal - State aid - Article 107(2)(b) TFEU - Danish air transport market - Aid granted by the Kingdom of Denmark to an airline amid the COVID-19 pandemic - Temporary Framework for State aid measures - State guarantee for a revolving credit facility - Decision by the European Commission not to raise objections - Aid intended to make good the damage suffered by a single victim - Principles of proportionality and non-discrimination - Freedom of establishment and freedom to provide services)
(C/2023/620)
Language of the case: English

Parties


Appellant: Ryanair DAC (represented initially by: V. Blanc, F. C. Laprévote E. Vahida, avocats, I. G. Metaxas-Maranghidis, dikigoros, and S. Rating, abogado, and subsequently by V. Blanc, F. C. Laprévote, E. Vahida, avocats, I. G. Metaxas-Maranghidis, dikigoros, D. Pérez de Lamo and S. Rating, abogados)

Other parties to the proceedings: European Commission (represented by L. Flynn, S. Noë and F. Tomat, acting as Agents), Kingdom of Denmark (represented initially by V. Pasternak Jørgensen and M. Søndahl Wolff, acting as Agents, and by R. Holdgaard, advokat, and subsequently by C. Maertens and M. Søndahl Wolff, acting as Agents, and by R. Holdgaard, advokat), French Republic (represented initially by A. L. Desjonquères, P. Dodeller, A. Ferrand and N. Vincent, acting as Agents, and subsequently by A. L. Desjonquères and N. Vincent, acting as Agents, and finally by A. L. Desjonquères, acting as Agent), SAS AB (represented by F. Sjövall and A. Lundmark, advokater)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Ryanair DAC to bear its own costs and to pay those incurred by the European Commission and SAS AB;










3.


Orders the French Republic and the Kingdom of Denmark to bear their own costs.






(1)  
            OJ C 349, 30.8.2021.


ELI: http://data.europa.eu/eli/C/2023/620/oj
ISSN 1977-091X (electronic edition)
Case C-262/22 P: Judgment of the Court (Sixth Chamber) of 28 September 2023 — QI, QJ, QL, QM, QN, QP, QQ, QT, QU, QW, QX, v QK, QO, QR, QS, QV, European Commission, European Central Bank, European Council, Council of the European Union (Appeal — Action for damages — Economic and monetary policy — Restructuring of Greek public debt — Private sector involvement — Mandatory exchange of State bonds governed by Greek law — Collective action clauses — Activation — Damage relating to the reduction of the face value of the government bonds exchanged — Principle of proportionality)
Date: 2023-09-28
Institutions: Court of Justice
Subjects: Greece, aid for restructuring, bond, damage, damages, national law, principle of proportionality, private sector, public debt








C_202300633EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/633


13.11.2023





Judgment of the Court (Sixth Chamber) of 28 September 2023 — QI, QJ, QL, QM, QN, QP, QQ, QT, QU, QW, QX, v QK, QO, QR, QS, QV, European Commission, European Central Bank, European Council, Council of the European Union
(Case C-262/22 P) (1)

(Appeal - Action for damages - Economic and monetary policy - Restructuring of Greek public debt - Private sector involvement - Mandatory exchange of State bonds governed by Greek law - Collective action clauses - Activation - Damage relating to the reduction of the face value of the government bonds exchanged - Principle of proportionality)
(C/2023/633)
Language of the case: English

Parties


Appellants: QI, QJ, QL, QM, QN, QP, QQ, QT, QU, QW, QX (represented by: S. Pappas and A. Pappas, avocats)

Other parties to the proceedings: QK, QO, QR, QS, QV, European Commission (represented by: C. Biz and S. Delaude, acting as Agents), European Central Bank (represented by: M. Szablewska and G. Várhelyi, acting as Agents), European Council, Council of the European Union (represented by: J. Bauerschmidt, K. Pavlaki and A. Westerhof Löfflerová, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders QI, QJ, QL, QM, QN, QP, QQ, QT, QU, QW and QX to bear their own costs and to pay those incurred by the European Commission and the European Central Bank (ECB);










3.


Orders the European Council and the Council of the European Union to bear their own costs incurred in the present appeal.






(1)  
            OJ C 244, 27.6.2022.


ELI: http://data.europa.eu/eli/C/2023/633/oj
ISSN 1977-091X (electronic edition)
Case T-595/23: Action brought on 28 September 2023 — beckberg v EUIPO (Shape of a hatching chick)
Date: 2023-09-28
Institutions: General Court
Subjects: EU trade mark, electronic equipment, lighting equipment, registered trade mark, toy industry, trade-mark law








C_202300672EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/672


13.11.2023





Action brought on 28 September 2023 — beckberg v EUIPO (Shape of a hatching chick)
(Case T-595/23)
(C/2023/672)
Language of the case: German

Parties


Applicant: beckberg GmbH (Nuremberg, Germany) (represented by: M. Krogmann, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: Application for EU figurative mark (Shape of a hatching chick) — Application No 18 567 560

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 18 July 2023 in Case R 41/2023-5

Form of order sought

The applicant claims that the Court should annul the contested decision and grant the figurative mark applied for to the extent requested.

Plea in law







—


Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.






ELI: http://data.europa.eu/eli/C/2023/672/oj
ISSN 1977-091X (electronic edition)