do-me/EUR-LEX huggingface dataset:
Case C-293/22 P: Judgment of the Court (Fourth Chamber) of 9 November 2023 — Chemours Netherlands BV v European Chemicals Agency, Kingdom of the Netherlands, ClientEarth, ClientEarth AISBL, CHEM Trust Europe eV (Appeal — Regulation (EC) No 1907/2006 (REACH Regulation) — Article 57(f) — Substances of very high concern — Identification — Conditions — Serious effects on health or the environment — Equivalent level of concern — 2,3,3,3-tetrafluoro-2-(heptafluoropropoxy)propionic acid, its salts and its acyl halides — Identification as a substance fulfilling the criteria for inclusion in Annex XIV to that regulation)
Date: 2023-11-09
Institutions: Court of Justice
Subjects: chemical compound, chemical product, chemicals legislation, dangerous substance, environmental protection, health risk, market approval








C_202400443EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/443


3.1.2024





Judgment of the Court (Fourth Chamber) of 9 November 2023 — Chemours Netherlands BV v European Chemicals Agency, Kingdom of the Netherlands, ClientEarth, ClientEarth AISBL, CHEM Trust Europe eV
(Case C-293/22 P) (1)

(Appeal - Regulation (EC) No 1907/2006 (REACH Regulation) - Article 57(f) - Substances of very high concern - Identification - Conditions - Serious effects on health or the environment - Equivalent level of concern - 2,3,3,3-tetrafluoro-2-(heptafluoropropoxy)propionic acid, its salts and its acyl halides - Identification as a substance fulfilling the criteria for inclusion in Annex XIV to that regulation)
(C/2024/443)
Language of the case: English

Parties


Appellant: Chemours Netherlands BV (represented initially by R. Cana, Z. Romata and H. Widemann, avocates, and subsequently by R. Cana and Z. Romata, avocates)

Other parties to the proceedings: European Chemicals Agency (represented by: W. Broere and N. Herbatschek, acting as Agents, and by S. Raes, advocaat), Kingdom of the Netherlands (represented by: M.K. Bulterman and C.S. Schillemans, acting as Agents), ClientEarth, ClientEarth AISBL, CHEM Trust Europe eV (represented by: N. Angelet, avocat)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Chemours Netherlands BV to bear its own costs and to pay the costs incurred by the European Chemicals Agency (ECHA), ClientEarth, ClientEarth AISBL and CHEM Trust Europe eV;










3.


Orders the Kingdom of the Netherlands to bear its own costs.






(1)  
            OJ C 294, 1.8.2022.


ELI: http://data.europa.eu/eli/C/2024/443/oj
ISSN 1977-091X (electronic edition)
Case T-255/22: Order of the General Court of 9 November 2023 — Cham Wings Airlines v Council
Date: 2023-11-09
Institutions: General Court
Subjects: Belarus, EU restrictive measure, economic sanctions, international sanctions, legal person








C_202400569EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/569


8.1.2024





Order of the General Court of 9 November 2023 — Cham Wings Airlines v Council
(Case T-255/22) (1)

(C/2024/569)
Language of the case: English
The President of the Fifth Chamber has ordered that the case be removed from the register.


(1)  
            OJ C 294, 1.8.2022.


ELI: http://data.europa.eu/eli/C/2024/569/oj
ISSN 1977-091X (electronic edition)
P9_TA(2023)0383 – Nomination of a member of the Court of Auditors – Bettina Michelle Jakobsen – European Parliament decision of 9 November 2023 on the nomination of Bettina Michelle Jakobsen as a Member of the Court of Auditors (C9-0332/2023 – 2023/0807(NLE)) (Consultation)
Date: 2023-11-09
Institutions: Committee on Budgetary Control, European Parliament
Subjects: appointment of members, member of the Court of Auditors (EU)








C_202402845EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/2845


8.5.2024






P9_TA(2023)0383

Nomination of a member of the Court of Auditors – Bettina Michelle Jakobsen


European Parliament decision of 9 November 2023 on the nomination of Bettina Michelle Jakobsen as a Member of the Court of Auditors (C9-0332/2023 – 2023/0807(NLE))


(Consultation)

(C/2024/2845)



The European Parliament,







—


having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0332/2023),










—


having regard to Rule 129 of its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control (A9-0292/2023),










A.


whereas, by letter of 8 September 2023, the Council consulted Parliament on the nomination of Bettina Michelle Jakobsen as a Member of the Court of Auditors;










B.


whereas Parliament’s Committee on Budgetary Control then proceeded to evaluate Bettina Michelle Jakobsen’s credentials, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union; whereas in carrying out that evaluation, the committee received a curriculum vitae from Bettina Michelle Jakobsen, as well as the replies to the written questionnaire that she had been sent;










C.


whereas the committee subsequently held a hearing with Bettina Michelle Jakobsen on 12 October 2023, at which she made an opening statement and then answered questions put by the members of the committee;











1.


Delivers a favourable opinion on the Council’s nomination of Bettina Michelle Jakobsen as a Member of the Court of Auditors;










2.


Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.






ELI: http://data.europa.eu/eli/C/2024/2845/oj
ISSN 1977-091X (electronic edition)
Communication from the State Secretary for Economic Affairs and Climate Policy of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons
Date: 2023-11-09
Institutions: Netherlands
Subjects: Netherlands, North Sea, continental shelf, extraction of oil, hydrocarbon, petroleum exploration, public contract, security of supply








C_202300721EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/721


9.11.2023






Communication from the State Secretary for Economic Affairs and Climate Policy of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons
(C/2023/721)

The State Secretary for Economic Affairs and Climate Policy hereby gives notice that an application has been received for authorisation to prospect for hydrocarbons in block E13 as indicated on the map appended as Annex 3 to the Mining Regulation (Mijnbouwregeling). Block E13 covers an area of 403 km2.
With reference to the Directive referred to in the preamble and Article 15 of the Mining Act (Mijnbouwwet), the State Secretary for Economic Affairs and Climate Policy hereby invites interested parties to submit a competing application for authorisation to prospect for hydrocarbons in block E13 of the Dutch continental shelf.
The State Secretary for Economic Affairs and Climate Policy is the competent authority for the granting of authorisations. The criteria, conditions and requirements referred to in Article 5(1) and (2) and Article 6(2) of the above-mentioned Directive are set out in the Mining Act.
Applications may be submitted during the 13 weeks following the publication of this notice in the Official Journal of the European Union and should be sent to:
Email: mijnbouwvergunningen@minezk.nl





The State Secretary for Economic Affairs and Climate Policy




attn.: Mr J. Visser, Directorate for the Transition in the Use of Deep Underground Resources




Bezuidenhoutseweg 73




Postbus 20401




2500 EK Den Haag




THE NETHERLANDS




Applications received after the expiry of this period will not be considered.
A decision on the applications will in principle be taken not later than 12 months after this period has expired.
Further information can be obtained by calling the MABEL office on the following telephone number: +31 703796970.





The State Secretary for Economic Affairs and Climate Policy




attn.: Mr J. Visser, Directorate for the Transition in the Use of Deep Underground Resources




Bezuidenhoutseweg 73




Postbus 20401




2500 EK Den Haag




THE NETHERLANDS






ELI: http://data.europa.eu/eli/C/2023/721/oj
ISSN 1977-091X (electronic edition)
Case C-660/23, Intervlees: Request for a preliminary ruling from the Hof van Cassatie (Belgium) lodged on 9 November 2023 — Intervlees NV v Sump & Stammer GmbH
Date: 2023-11-09
Institutions: Court of Justice
Subjects: food safety, freezing, frozen product, meat, meat processing industry, refrigerated product








C_202401240EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1240


12.2.2024





Request for a preliminary ruling from the Hof van Cassatie (Belgium) lodged on 9 November 2023 — Intervlees NV v Sump & Stammer GmbH
(Case C-660/23, Intervlees)
(C/2024/1240)
Language of the case: Dutch

Referring court

Hof van Cassatie

Parties to the main proceedings


Applicant: Intervlees NV

Defendant: Sump & Stammer GmbH

Question referred

Must the provisions of Annex III, Section I, Chapter VII, point 4, to Regulation No 853/2004 (1) be interpreted as meaning that the stabilisation period relates only to the short period after slaughter during which the meat is chilled in order to achieve the required pH and thermal stabilisation, such that meat intended for freezing must be frozen immediately thereafter, and that it therefore does not relate to the subsequent chilling period for allowing the meat to mature further, such that meat intended for freezing can no longer be frozen after maturation?


(1)  Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (OJ 2004 L 139, p. 55).


ELI: http://data.europa.eu/eli/C/2024/1240/oj
ISSN 1977-091X (electronic edition)
Case C-667/23, Volkswagen: Request for a preliminary ruling from the Landgericht Ravensburg (Germany) lodged on 9 November 2023 — Gruß Verwaltungs-GmbH and Others v Volkswagen AG
Date: 2023-11-09
Institutions: Court of Justice
Subjects: EC conformity marking, approval, damages, market approval, motor vehicle, motor vehicle industry, producer's liability, purchase, technical standard, vehicle parts








C_202401243EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1243


12.2.2024





Request for a preliminary ruling from the Landgericht Ravensburg (Germany) lodged on 9 November 2023 — Gruß Verwaltungs-GmbH and Others v Volkswagen AG
(Case C-667/23, Volkswagen)
(C/2024/1243)
Language of the case: German

Referring court

Landgericht Ravensburg

Parties to the main proceedings


Applicants: Gruß Verwaltungs-GmbH, AT, FO, PV, QZ

Defendant: Volkswagen AG

Questions referred







1.


Can the vehicle purchaser’s right to compensation against the vehicle manufacturer for the negligent placing on the market of a vehicle equipped with a prohibited defeat device within the meaning of Article 5(2) of Regulation (EC) No 715/2007 (1) be denied on the grounds






(a)


that there was an unavoidable error as regards the wrongful nature of the act on the part of the manufacturer?
if the answer is yes:










(b)


that the error as regards the wrongful nature of the act was unavoidable for the manufacturer because the authority responsible for EC type-approvals or for subsequent measures actually authorised the installed defeat device?
if the answer is yes:










(c)


that the error as regards the wrongful nature of the act was unavoidable for the manufacturer since the vehicle manufacturer’s legal interpretation of Article 5(2) of Regulation (EC) No 715/2007 would have been confirmed by the authority responsible for EC type-approvals or for subsequent measures (hypothetical approval)?














2.


Is it compatible with EU law if, in the case of a right to compensation against the vehicle manufacturer for the negligent placing on the market of a vehicle equipped with a prohibited defeat device within the meaning of Article 5(2) of Regulation (EC) No 715/2007






(a)


the purchaser of the vehicle must allow the offsetting of the benefits derived from the use of the vehicle against the amount of compensation in their claim for ‘minor compensation’, where the benefits derived from the use, together with the residual value, exceed the purchase price paid less the amount of compensation?










(b)


the vehicle purchaser’s claim for ‘minor compensation’ is limited to a maximum of 15 % of the purchase price paid?










(1)  Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ 2007 L 171, p. 1).


ELI: http://data.europa.eu/eli/C/2024/1243/oj
ISSN 1977-091X (electronic edition)
Case T-1065/23: Action brought on 9 November 2023 — ADS L. Kowalik, B. Włodarczyk v EUIPO — ESSAtech (Accessory for wireless remote control)
Date: 2023-11-09
Institutions: General Court
Subjects: designs and models, electronic device








C_202400426EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/426


3.1.2024





Action brought on 9 November 2023 — ADS L. Kowalik, B. Włodarczyk v EUIPO — ESSAtech (Accessory for wireless remote control)
(Case T-1065/23)
(C/2024/426)
Language in which the application was lodged: Polish

Parties


Applicant: ADS L. Kowalik, B. Włodarczyk s.c. (Sosnowiec, Poland) (represented by: M. Oleksyn and M. Stępkowski, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: ESSAtech (Přistoupim, Czech Republic)

Details of the proceedings before EUIPO


Proprietor of the design at issue: Applicant

Design at issue: Community design Remote controls [wireless] (accessories for-) — Community design No 4 539 302-0003

Proceedings before EUIPO: Invalidity proceedings

Contested decision: Decision of the Third Board of Appeal of EUIPO of 6 September 2023 in Case R 1072/2020-3

Form of order sought

The applicant claims that the Court should:






—


annul or amend the contested decision by rejecting the application for a declaration of invalidity of the contested design;










—


order EUIPO and the participant to pay the costs incurred by them; and order EUIPO and the participant to pay the costs incurred by the applicant, including the costs incurred in the proceedings before EUIPO.





Pleas in law







—


Infringement of the second sentence of Article 62 of Regulation No 6/2002 in conjunction with Article 108 of Regulation No 6/2002, with the first sentence of Article 27(2) and (4) of Regulation No 2018/625 (1), and with the infringement of Article 41(2)(c) in conjunction with Article 41(1) of the Charter of Fundamental Rights of the European Union, namely, the principle of good administration and equality of arms of the parties;










—


Infringement of Article 8(1), in conjunction with Article 25(1)(b), of Regulation No 6/2002, and with the infringement of Article 41(2)(c) — in conjunction with Article 41(1) — of the Charter of Fundamental Rights of the European Union, namely, the principle of good administration.






(1)  Commission Delegated Regulation (EU) 2018/625 of 5 March 2018 supplementing Regulation (EU) 2017/1001 of the European Parliament and of the Council on the European Union trade mark and repealing Delegated Regulation (EU) 2017/1430 (OJ 2018 L 104, p. 1).


ELI: http://data.europa.eu/eli/C/2024/426/oj
ISSN 1977-091X (electronic edition)
Case C-613/22, Dublin 8 Residents Association: Order of the President of the Fourth Chamber of the Court of 9 November 2023 (request for a preliminary ruling from the High Court (Ireland) — Ireland) — Dublin 8 Residents Association v An Bord Pleanála, Ireland, The Attorney General, CWTC Multi-Family ICAV
Date: 2023-11-09
Institutions: Court of Justice
Subjects: environmental protection, judicial review, legal capacity, limitation of legal proceedings, non-governmental organisation, principle of legal certainty, right of action, right to justice








C_202400715EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/715


22.1.2024





Order of the President of the Fourth Chamber of the Court of 9 November 2023 (request for a preliminary ruling from the High Court (Ireland) — Ireland) — Dublin 8 Residents Association v An Bord Pleanála, Ireland, The Attorney General, CWTC Multi-Family ICAV
(Case C-613/22, (1) Dublin 8 Residents Association
(C/2024/715)
Language of the case: English
The President of the Fourth Chamber has ordered that the case be removed from the register.


(1)  
            OJ C 472, 12.12.2022.


ELI: http://data.europa.eu/eli/C/2024/715/oj
ISSN 1977-091X (electronic edition)
Case C-663/23, Etihad Airways: Request for a preliminary ruling from the Landgericht Düsseldorf (Germany) lodged on 9 November 2023 — UW v Etihad Airways P.J.S.C.
Date: 2023-11-09
Institutions: Court of Justice
Subjects: airline, carrier, civil aviation, economic value, indemnification, money, passenger rights, payment, ticket, traveller








C_202401670EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1670


4.3.2024





Request for a preliminary ruling from the Landgericht Düsseldorf (Germany) lodged on 9 November 2023 — UW v Etihad Airways P.J.S.C.
(Case C-663/23, Etihad Airways)
(C/2024/1670)
Language of the case: German

Referring court

Landgericht Düsseldorf

Parties to the main proceedings


Applicant: UW

Defendant: Etihad Airways P.J.S.C.

Questions referred







1.


Must Article 5(1)(a) in conjunction with Article 8(1)(a) and Article 7(3) of the Air Passenger Rights Regulation (1) be interpreted as meaning that a passenger who bought a ticket for a flight by an operating air carrier not with money but using bonus miles under a frequent flyer programme established by another air carrier may claim reimbursement of the ticket price in money if that flight is cancelled by the operating air carrier?










2.


If the first question is answered in the affirmative, is the ticket price for the purposes of Article 8(1)(a) of the Air Passenger Rights Regulation, reimbursement of which the passenger may claim in money, to be determined in such cases on the basis of the publicly available fare at which the cancelled flight in question is offered for sale by the operating air carrier or on the basis of the (average) value of the bonus miles used?






(1)  Regulation of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1).


ELI: http://data.europa.eu/eli/C/2024/1670/oj
ISSN 1977-091X (electronic edition)
P9_TA(2023)0382 – Nomination of a member of the Court of Auditors – Tony Murphy – European Parliament decision of 9 November 2023 on the nomination of Tony Murphy as a Member of the Court of Auditors (C9-0334/2023 – 2023/0808(NLE)) (Consultation)
Date: 2023-11-09
Institutions: Committee on Budgetary Control, European Parliament
Subjects: appointment of members, member of the Court of Auditors (EU)








C_202402844EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/2844


8.5.2024






P9_TA(2023)0382

Nomination of a member of the Court of Auditors – Tony Murphy


European Parliament decision of 9 November 2023 on the nomination of Tony Murphy as a Member of the Court of Auditors (C9-0334/2023 – 2023/0808(NLE))


(Consultation)

(C/2024/2844)



The European Parliament,







—


having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0334/2023),










—


having regard to Rule 129 of its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control (A9-0294/2023),










A.


whereas, by letter of 8 September 2023, the Council consulted Parliament on the nomination of Tony Murphy as a Member of the Court of Auditors;










B.


whereas Parliament’s Committee on Budgetary Control then proceeded to evaluate Tony Murphy’s credentials, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union; whereas in carrying out that evaluation, the committee received a curriculum vitae from Tony Murphy, as well as the replies to the written questionnaire that he had been sent;










C.


whereas the committee subsequently held a hearing with Tony Murphy on 12 October 2023, at which he made an opening statement and then answered questions put by the members of the committee;











1.


Delivers a favourable opinion on the Council’s nomination of Tony Murphy as a Member of the Court of Auditors;










2.


Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.






ELI: http://data.europa.eu/eli/C/2024/2844/oj
ISSN 1977-091X (electronic edition)