do-me/EUR-LEX huggingface dataset:
Case C-764/22 P: Judgment of the Court (Seventh Chamber) of 19 October 2023 — Airoldi Metalli SpA v European Commission (Appeal — Dumping — Imports of aluminium flat-rolled products originating in China — Definitive anti-dumping duty — Action for annulment — Importer — Locus standi — Fourth paragraph of Article 263 TFEU — Condition that the measure must be of individual concern to the applicant — Regulatory act not entailing implementing measures)
Date: 2023-10-19
Institutions: Court of Justice
Subjects: China, aluminium, anti-dumping duty, flat product, import (EU), originating product








C_202301114EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/1114


4.12.2023





Judgment of the Court (Seventh Chamber) of 19 October 2023 — Airoldi Metalli SpA v European Commission
(Case C-764/22 P) (1)

(Appeal - Dumping - Imports of aluminium flat-rolled products originating in China - Definitive anti-dumping duty - Action for annulment - Importer - Locus standi - Fourth paragraph of Article 263 TFEU - Condition that the measure must be of individual concern to the applicant - Regulatory act not entailing implementing measures)
(C/2023/1114)
Language of the case: English

Parties


Appellant: Airoldi Metalli SpA (represented by: M. Campa, D. Rovetta, V. Villante, avvocati, and P. Gjørtler, advokat)

Other party to the proceedings: European Commission (represented by: G. Luengo and J. Zieliński, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Airoldi Metalli SpA, in addition to bearing its own costs, to pay those incurred by the European Commission.






(1)  
            OJ C 45, 6.2.2023.


ELI: http://data.europa.eu/eli/C/2023/1114/oj
ISSN 1977-091X (electronic edition)
Case C-325/22, Ministar na zemedelieto, hranite i gorite: Judgment of the Court (Fourth Chamber) of 19 October 2023 (request for a preliminary ruling from the Administrativen sad — Varna — Bulgaria) — TS, HI v Ministar na zemedelieto, hranite i gorite (Reference for a preliminary ruling — Aid granted by Member States — Article 107(1) TFEU — Concept of an ‘undertaking’ — Regulation (EU) 2015/1589 — Recovery of unlawful aid — Decision (EU) 2015/456 — Swaps of forest land — Determining the ‘market value’)
Date: 2023-10-19
Institutions: Court of Justice
Subjects: Bulgaria, State aid, acquisition of property, control of State aid, economic activity, market prices, price of land, publicly owned forest, reimbursement of aid








C_202301110EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/1110


4.12.2023





Judgment of the Court (Fourth Chamber) of 19 October 2023 (request for a preliminary ruling from the Administrativen sad — Varna — Bulgaria) — TS, HI v Ministar na zemedelieto, hranite i gorite
(Case C-325/22, (1) Ministar na zemedelieto, hranite i gorite)
(Reference for a preliminary ruling - Aid granted by Member States - Article 107(1) TFEU - Concept of an ‘undertaking’ - Regulation (EU) 2015/1589 - Recovery of unlawful aid - Decision (EU) 2015/456 - Swaps of forest land - Determining the ‘market value’)
(C/2023/1110)
Language of the case: Bulgarian

Referring court

Administrativen sad — Varna

Parties to the main proceedings


Applicants: TS, HI

Defendant: Ministar na zemedelieto, hranite i gorite

Operative part of the judgment







1.


Commission Decision (EU) 2015/456 of 5 September 2014 on the aid scheme No SA.26212 (11/C) (ex 11/NN — ex CP 176/A/08) and No SA.26217 (11/C) (ex 11/NN — ex CP 176/B/08) implemented by the Republic of Bulgaria in the context of swaps of forest land
must be interpreted as meaning that only persons who have acquired land in the context of the forest land swap transactions concerned by that decision and who use that land for the purposes of an economic activity are to be regarded as undertakings in receipt of State aid for the purposes of Article 107(1) TFEU.










2.


Article 107(1) TFEU and Article 16(3) of Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 [TFEU]
must be interpreted as not precluding the criteria for determining the amount of State aid received on the acquisition of land, in the context of a forest land swap, from being based on the average prices of registered property transactions relating to land with similar characteristics to that being valued and located close to it, in which at least one of the parties is a merchant, concluded within a period of 12 months prior to the valuation, provided that the application of such criteria is compatible with the Commission’s decision on the recovery of that aid and that they make it possible to determine the market value of that land at the time of the swap transaction.






(1)  
            OJ C 303, 8.8.2022.


ELI: http://data.europa.eu/eli/C/2023/1110/oj
ISSN 1977-091X (electronic edition)
Case C-660/20, Lufthansa CityLine: Judgment of the Court (First Chamber) of 19 October 2023 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — MK v Lufthansa CityLine GmbH (Reference for a preliminary ruling — Social policy — Part-time work — Directive 97/81/EC — Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC — Clause 4.1 — Principle of non-discrimination of part-time workers — Principle pro rata temporis — Pilots — Remuneration for additional flying duty hours — Identical trigger thresholds for full-time and part-time pilots — Difference in treatment)
Date: 2023-10-19
Institutions: Court of Justice
Subjects: air transport, bonus payment, crew, equal treatment, full-time employment, labour law, part-time employment, working time








C_202301100EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/1100


4.12.2023





Judgment of the Court (First Chamber) of 19 October 2023 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — MK v Lufthansa CityLine GmbH
(Case C-660/20, (1) Lufthansa CityLine)
(Reference for a preliminary ruling - Social policy - Part-time work - Directive 97/81/EC - Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC - Clause 4.1 - Principle of non-discrimination of part-time workers - Principle pro rata temporis - Pilots - Remuneration for additional flying duty hours - Identical trigger thresholds for full-time and part-time pilots - Difference in treatment)
(C/2023/1100)
Language of the case: German

Referring court

Bundesarbeitsgericht

Parties to the main proceedings


Applicant: MK

Defendant: Lufthansa CityLine GmbH

Operative part of the judgment







1.


Clause 4.1 of the Framework Agreement on part-time work concluded on 6 June 1997 and annexed to Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC
must be interpreted as meaning that national legislation which makes the payment of additional remuneration for part-time workers and comparable full-time workers uniformly contingent on the same number of working hours being exceeded in a given activity, such as a pilot’s flight duty, must be regarded as a ‘less favourable’ treatment of part-time workers within the meaning of that provision.










2.


Clauses 4.1 and 4.2 of the Framework Agreement on part-time work concluded on 6 June 1997 and annexed to Council Directive 97/81
must be interpreted as precluding national legislation which makes the payment of additional remuneration for part-time workers and comparable full-time workers uniformly contingent on the same number of working hours being exceeded in a given activity, such as a pilot’s flight duty, in order to compensate for a workload particular to that activity.






(1)  
            OJ C 62, 22.2.2021.


ELI: http://data.europa.eu/eli/C/2023/1100/oj
ISSN 1977-091X (electronic edition)
Case T-1045/23: Action brought on 19 October 2023 — France v Commission
Date: 2023-10-19
Institutions: General Court
Subjects: administrator, competition (EU), crisis management, linguistic discrimination, migration, public safety, recruitment








C_202301312EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/1312


11.12.2023





Action brought on 19 October 2023 — France v Commission
(Case T-1045/23)
(C/2023/1312)
Language of the case: French

Parties


Applicant: French Republic (represented by: B. Fodda, B. Travard and S. Royon, acting as Agents)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the notice of Open Competition EPSO/AD/403/23, Administrators (AD 7) in the fields of crisis management and migration and internal security;










—


order the Commission to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law, which are, in essence, identical or similar to those raised in Case T-555/22, France v Commission.


ELI: http://data.europa.eu/eli/C/2023/1312/oj
ISSN 1977-091X (electronic edition)
Judgment of the Court of 19 October 2023 in Case E-12/22 – Dr Maximilian Maier (Freedom of establishment for lawyers – Legal aid – Established European lawyer – Consumer protection – Proper administration of justice – Exhaustive harmonisation – Articles 2 and 5 of Directive 98/5/EC)
Date: 2023-10-19
Institutions: EFTA Court
Subjects: EU Member State, European Economic Area, Liechtenstein, equivalence of diplomas, freedom to provide services, lawyer, professional qualifications, recognition of vocational training qualifications, right of establishment








C_202402182EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/2182


14.3.2024







            JUDGMENT OF THE COURT
         
of 19 October 2023
         
in Case E-12/22
Dr Maximilian Maier


(Freedom of establishment for lawyers – Legal aid – Established European lawyer – Consumer protection – Proper administration of justice – Exhaustive harmonisation – Articles 2 and 5 of Directive 98/5/EC)


(C/2024/2182)

In Case E-12/22, Dr Maximilian Maier – REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Administrative Court of the Principality of Liechtenstein (Verwaltungsgerichtshof des Fürstentums Liechtenstein), concerning the interpretation of Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained, as adapted to the Agreement on the European Economic Area, the Court, composed of Páll Hreinsson, President, Bernd Hammermann (Judge-Rapporteur) and Siri Teigum (ad hoc), Judges, gave judgment on 19 October 2023, the operative part of which is as follows:
Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained must be interpreted as precluding a national provision which prohibits a lawyer, who on a permanent basis practises the profession under the lawyer’s home-country professional title in a host EEA State other than the one in which the lawyer obtained the qualification, from being appointed as a legal aid lawyer, legal aid defence counsel or public defender and which thereby goes beyond the exceptions provided for in Article 5(2) and 5(3) of the Directive.


ELI: http://data.europa.eu/eli/C/2024/2182/oj
ISSN 1977-091X (electronic edition)
Case C-632/23: Action brought on 19 October 2023 — European Commission v Republic of Bulgaria
Date: 2023-10-19
Institutions: Court of Justice
Subjects: State aid, control of State aid, economic value, infringement of EU law, publicly owned forest, reimbursement of aid








C_202301295EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/1295


11.12.2023





Action brought on 19 October 2023 — European Commission v Republic of Bulgaria
(Case C-632/23)
(C/2023/1295)
Language of the case: Bulgarian

Parties


Applicant: European Commission (represented by: C. Georgieva, B. Stromsky and A. Steiblytė, acting as Agents)

Defendant: Republic of Bulgaria

Form of order sought

The Commission claims that the Court should:






—


declare that, by having failed to adopt, within the period prescribed, all the measures necessary to recover from the beneficiaries of the State aid declared unlawful and incompatible with the internal market by the decision in Cases SA.26212 (2011/C) (ex 2011/NN — ex CP 176/A/08) and SA.26217 (2011/C) (ex 2011/NN — ex CP 176/B/08), implemented by the Republic of Bulgaria, C (2014) 6207 final, (1) and by having failed to provide the necessary information, the Republic of Bulgaria has failed to fulfil its obligations under the fourth paragraph of Article 288 TFEU and Articles 4, 5 and 6 of the Commission decision;










—


order the Republic of Bulgaria to pay the costs.





Pleas in law and main arguments

The case concerns an application lodged on the basis of Article 108(2) and the fourth paragraph of Article 288 of the Treaty on the Functioning of the European Union.
The Commission submits that the Republic of Bulgaria failed to adopt, within the period prescribed, all the measures necessary to recover from the beneficiaries of the State aid declared unlawful and incompatible with the internal market by the Commission decision in Cases SA.26212 (2011/C) (ex 2011/NN — ex CP 176/A/08) and SA.26217 (2011/C) (ex 2011/NN — ex CP 176/B/08), C (2014) 6207 final.
The failure to implement, effectively and within the period prescribed, the decision is a result of difficulties in appointing an independent expert to calculate the amount of the aid, as well as of the methods for evaluating the market price of the properties applied by the Republic of Bulgaria, which lead to a valuation of the properties that does not correspond to the actual market price. There are no circumstances demonstrating an absolute impossibility to implement the decision. Nor has the Republic of Bulgaria provided the necessary information, as set out in Article 6 of the decision. On those grounds, the Commission claims that the Republic of Bulgaria has failed to fulfil its obligations under the fourth paragraph of Article 288 TFEU and Articles 4, 5 and 6 of the Commission decision.


(1)  
            OJ 2015 L 80, p. 100.


ELI: http://data.europa.eu/eli/C/2023/1295/oj
ISSN 1977-091X (electronic edition)
Judgment of the Court of 19 October 2023 in Case E-14/22 the Liechtenstein Chamber of Lawyers v Dr Alexander Amann (Freedom to provide services – Directive 2006/123/EC – Article 24 – Prohibition of total prohibitions on commercial communications by the regulated professions – Prohibition on targeted proactive advertising by lawyers)
Date: 2023-10-19
Institutions: EFTA Court
Subjects: European Economic Area, Liechtenstein, advertising, advertising malpractice, consumer protection, freedom to provide services, lawyer, professional society, service








C_202402184EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/2184


14.3.2024







            JUDGMENT OF THE COURT
         
of 19 October 2023
         
in Case E-14/22
the Liechtenstein Chamber of Lawyers v Dr Alexander Amann


(Freedom to provide services – Directive 2006/123/EC – Article 24 – Prohibition of total prohibitions on commercial communications by the regulated professions – Prohibition on targeted proactive advertising by lawyers)


(C/2024/2184)

In Case E-14/22, the Liechtenstein Chamber of Lawyers v Dr Alexander Amann – REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Princely Court of Appeal (Fürstliches Obergericht), concerning the interpretation of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market, the Court, composed of Páll Hreinsson, President (Judge-Rapporteur), Bernd Hammermann and Michael Reiertsen, Judges, gave judgment on 19 October 2023, the operative part of which is as follows:
Article 24(1) of Directive 2006/123/EC of 12 December 2006 on services in the internal market must be interpreted as precluding national legislation, such as in the main proceedings, which in general prohibits the members of a regulated profession, such as the profession of lawyers, from engaging in proactive advertising, where they offer their services to selected (groups of) people who have not themselves expressed an interest in those services.


ELI: http://data.europa.eu/eli/C/2024/2184/oj
ISSN 1977-091X (electronic edition)
UPDATED LIST OF RECOGNIZED NATURAL MINERAL WATERS IN THE STATE OF NORWAY from the Norwegian Food Safety Authority
Date: 2023-10-19
Institutions: EFTA Secretariat
Subjects: Norway, brand name, labelling, market approval, mineral water








C_202300367EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/367


19.10.2023






UPDATED LIST OF RECOGNIZED NATURAL MINERAL WATERS IN THE STATE OF NORWAY
from the Norwegian Food Safety Authority
(C/2023/367)

According to article 1 paragraph 5 in directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and marketing of natural mineral waters, a list of natural mineral waters shall be published in the Official Journal of the European Communities.
Hereby follows the list of products concerning waters being extracted from the ground in Norway and recognised by the responsible authority as natural mineral waters satisfying the provisions of Annex I, Section I.
A consolidated list of natural mineral waters recognized in Norway is as follows:








Trade name




Name of Source




Place of exploitation





Bonaqua Silver


Telemarkkilden


Fyresdal




Eira


Eirakilden


Eresfjord




Farris


Kong Olavs kilde


Larvik




Isbre


Isbrekilden


Buhaugen, Osa, Ulvik




Isklar


Isklarkildene


Vikebygd i Ullensvang




Fyresdal


Fyresdal kilden


Fyresdal




Olden


Blåfjellkilden


Oldedalen




Osa


Osakilden


Ulvik/Hardanger




Ose


Osekilden


Bygland




Rustad Spring


Rustadkilden


Rustad/Elverum




Snåsa


Snåsakilden


Snåsa




Voss


Vosskilden


Vatnestrøm/Ivelan






ELI: http://data.europa.eu/eli/C/2023/367/oj
ISSN 1977-091X (electronic edition)
Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union – Cases where the Commission raises no objections – SA.105152Text with EEA relevance.
Date: 2023-10-19
Institutions: Directorate-General for Competition, European Commission
Subjects: Latvia, State aid, aid to undertakings, control of State aid








C_202300285EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/285


19.10.2023






Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union
Cases where the Commission raises no objections
SA.105152
(Text with EEA relevance)
(C/2023/285)







Date of adoption of the decision


19.9.2023




Aid number


SA.105152




Member State


Latvia




Region


 




Title (title and/or name of the beneficiary)


Amendment to SA.47233: Temporary non-marketable risks of short-term export-credit guarantees provided by ‘Development finance institution Altum’ in the Republic of Latvia




Legal basis


Cabinet Regulation No. 866 ‘Regulation on short-term export credit guarantees for economic entities’




Type of measure


Scheme




Objective


Promotion of export and internationalisation




Form of aid


Guarantee




Budget


Overall budget: 5 000 000  EUR




Intensity


 




Duration


Until 31.12.2028




Economic sectors


All economic sectors eligible to receive aid




Name and address of the granting authority







JSC Development Finance Institution Altum




Dome Square 4, Riga, LV-1050








Other information


 




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
https://competition-cases.ec.europa.eu/search?caseInstrument=SA


ELI: http://data.europa.eu/eli/C/2023/285/oj
ISSN 1977-091X (electronic edition)
Non-opposition to a notified concentration (Case M.11177 – PFIZER / SEAGEN)
Date: 2023-10-19
Institutions: Directorate-General for Competition, European Commission
Subjects: biotechnology, economic concentration, merger control, oncology, pharmaceutical industry, therapeutics








C_202404926EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/4926


7.8.2024






Non-opposition to a notified concentration
(Case M.11177 – PFIZER / SEAGEN)
(Text with EEA relevance)
(C/2024/4926)

On 19 October 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 32023M11177. 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/2024/4926/oj
ISSN 1977-091X (electronic edition)
Case C-88/22 P: Judgment of the Court (Fourth Chamber) of 19 October 2023 — QB v European Commission (Appeal — Civil service — Annex VII to the Staff Regulations of Officials of the European Union — Article 4(1)(a), second indent — Temporary staff — Remuneration — Expatriation allowance — Conditions for granting — Main occupation — Work done for another State)
Date: 2023-10-19
Institutions: Court of Justice
Subjects: Poland, allowances and expenses, expatriate worker, judge, servant (EU), staff regulations (EU)








C_202301103EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/1103


4.12.2023





Judgment of the Court (Fourth Chamber) of 19 October 2023 — QB v European Commission
(Case C-88/22 P) (1)

(Appeal - Civil service - Annex VII to the Staff Regulations of Officials of the European Union - Article 4(1)(a), second indent - Temporary staff - Remuneration - Expatriation allowance - Conditions for granting - Main occupation - Work done for another State)
(C/2023/1103)
Language of the case: English

Parties


Appellant: QB (represented initially by R. Wardyn, radca prawny, and subsequently by K. Staszkiewicz, avocate)

Other party to the proceedings: European Commission (represented by: T.S. Bohr and A.-C. Simon, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


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






(1)  
            OJ C 207, 23.5.2022.


ELI: http://data.europa.eu/eli/C/2023/1103/oj
ISSN 1977-091X (electronic edition)