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V Announcements
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COURT PROCEEDINGS
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Court of Justice
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2021/C 349/02
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Joined Cases C-804/18 and C-341/19: Judgment of the Court (Grand Chamber) of 15 July 2021 (request for a preliminary ruling from the Arbeitsgericht Hamburg — Germany) — IX v WABE eV (C-804/18) and MH Müller Handels GmbH v MJ (C-341/19) (Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Prohibition of discrimination on the grounds of religion or belief — Internal rule of a private undertaking prohibiting the wearing of any visible political, philosophical or religious sign or the wearing of conspicuous, large-sized political, philosophical or religious signs in the workplace — Direct or indirect discrimination — Proportionality — Balancing the freedom of religion and other fundamental rights — Legitimacy of the policy of neutrality adopted by the employer — Need to establish economic loss suffered by the employer)
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2
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2021/C 349/03
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Case C-453/19 P: Judgment of the Court (Fourth Chamber) of 15 July 2021 — Deutsche Lufthansa AG v European Commission, Land Rheinland-Pfalz, Ryanair DAC (Appeal — State aid — Aid for airports and airlines — Decision classifying the measures in favour of Frankfurt Hahn airport as State aid compatible with the internal market and finding no State aid in favour of airlines using that airport — Inadmissibility of an action for annulment — Fourth paragraph of Article 263 TFEU — Natural or legal person not directly and individually concerned by the decision at issue — Effective judicial protection)
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3
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2021/C 349/04
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Case C-535/19: Judgment of the Court (Grand Chamber) of 15 July 2021 (request for a preliminary ruling from the Augstākā tiesa (Senāts) — Latvia) — A (Reference for a preliminary ruling — Freedom of movement for persons — Citizenship of the Union — Regulation (EC) No 883/2004 — Article 3(1)(a) — Sickness benefits — Concept — Article 4 and Article 11(3)(e) — Directive 2004/38/EC — Article 7(1)(b) — Right of residence for more than three months — Condition of having comprehensive sickness insurance cover — Article 24 — Equal treatment — Economically inactive national of a Member State residing legally in the territory of another Member State — Refusal by the host Member State to affiliate that person to its public sickness insurance system)
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4
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2021/C 349/05
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Case C-742/19: Judgment of the Court (Grand Chamber) of 15 July 2021 (request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije — Slovenia) — B.K. v Republika Slovenija (Ministrstvo za obrambo) (Reference for a preliminary ruling — Protection of the safety and health of workers — Organisation of working time — Members of the armed forces — Applicability of EU law — Article 4(2) TEU — Directive 2003/88/EC — Scope — Article 1(3) — Directive 89/391/EEC — Article 2(2) — Military activities — Concept of ‘working time’ — Stand-by period — Dispute concerning the remuneration of a worker)
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5
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2021/C 349/06
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Case C-758/19: Judgment of the Court (First Chamber) of 15 July 2021 (request for a preliminary ruling from the Polymeles Protodikeio Athinon — Greece) — OH v ID (Reference for a preliminary ruling — Articles 268, 270, 340 and 343 TFEU — Protocol (No 7) on the privileges and immunities of the European Union — Articles 11, 17 and 19 — Former member of the European Commission — Immunity from jurisdiction — Claim for non-contractual liability — Waiver of immunity — Jurisdiction of the Court of Justice of the European Union)
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6
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2021/C 349/07
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Case C-795/19: Judgment of the Court (Second Chamber) of 15 July 2021 (request for a preliminary ruling from the Riigikohus — Estonia) — XX v Tartu Vangla (Reference for a preliminary ruling — Social policy — Equal treatment in employment and occupation — Directive 2000/78/EC — Prohibition of discrimination on grounds of disability — Article 2(2)(a) — Article 4(1) — Article 5 — National legislation laying down requirements in respect of the auditory acuity of prison officers — Failure to meet the standards of sound perception required — Absolute bar to remaining in employment)
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6
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2021/C 349/08
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Case C-848/19 P: Judgment of the Court (Grand Chamber) of 15 July 2021 — Federal Republic of Germany v Republic of Poland, European Commission, Republic of Latvia, Republic of Lithuania (Appeal — Article 194(1) TFEU — Principle of energy solidarity — Directive 2009/73/EC — Internal market in natural gas — Article 36(1) — Decision of the European Commission on review of the exemption of the OPAL pipeline from the requirements on third-party access and tariff regulation following a request by the German regulatory authority — Action for annulment)
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7
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2021/C 349/09
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Case C-851/19 P: Judgment of the Court (Second Chamber) of 15 July 2021 — DK v European External Action Service (Appeal — Civil service — Disciplinary proceedings — Disciplinary penalty — Determination of that penalty — Withholding of an amount from the pension — Criminal conviction and civil sanction before national courts — Compensation, in whole or in part, for non-material damage caused to the European Union — Lack of relevance of that compensation — Article 10 of the Staff Regulations of Officials of the European Union — Principle of equal treatment — Principle of proportionality)
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8
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2021/C 349/10
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Case C-30/20: Judgment of the Court (First Chamber) of 15 July 2021 (request for a preliminary ruling from the Juzgado de lo Mercantil no 2 de Madrid — Spain) — RH v AB Volvo, Volvo Group Trucks Central Europe GmbH, Volvo Lastvagnar AB, Volvo Group España SA (Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and enforcement of judgments in civil and commercial matters — Regulation (EU) No 1215/2012 — Article 7(2) — Jurisdiction in matters relating to tort, delict or quasi-delict — Place where the damage occurred — Cartel declared contrary to Article 101 TFEU and Article 53 of the Agreement on the European Economic Area — Determination of international and territorial jurisdiction — Centralisation of jurisdiction in favour of a specialised court)
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8
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2021/C 349/11
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Case C-60/20: Judgment of the Court (Fifth Chamber) of 15 July 2021 (request for a preliminary ruling from the Administratīvā apgabaltiesa — Latvia) — ‘Latvijas Dzelzceļš’ VAS v Valsts dzelzceļa administrācija (Reference for a preliminary ruling — Rail transport — Directive 2012/34/EU — Single European railway area — Article 13(2) and (6) — Access to service facilities and to rail-related services — Regulation (EU) 2017/2177 — Reconversion of facilities — Powers of the regulatory body)
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9
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2021/C 349/12
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Case C-190/20: Judgment of the Court (Fourth Chamber) of 15 July 2021 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — DocMorris NV v Apothekerkammer Nordrhein (Reference for a preliminary ruling — Medicinal products for human use subject to a medical prescription — Directive 2001/83/EC — Scope — Advertising by a mail-order pharmacy intended to influence not the customer’s choice of a particular medicinal product, but the choice of pharmacy — Prize competition — Free movement of goods — National legislation — Prohibition on offering, advertising or granting advantages and other promotional gifts in the field of therapeutic products — Selling arrangements falling outside the scope of Article 34 TFEU)
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10
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2021/C 349/13
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Case C-241/20: Judgment of the Court of 15 July 2021 (request for a preliminary ruling from the Tribunal de première instance du Luxembourg — Belgium) — BJ v Belgian State (Reference for a preliminary ruling — Freedom of movement for workers — Free movement of capital — Income tax — Legislation for the avoidance of double taxation — Income received in a Member State other than that of residence — Method of calculating the exemption in the Member State of residence — Loss of part of the benefit of certain tax advantages)
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10
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2021/C 349/14
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Case C-325/20: Judgment of the Court (Sixth Chamber) of 15 July 2021 (request for a preliminary ruling from the Conseil d’État — France) — BEMH, Conseil national des centres commerciaux v Premier ministre, Ministère de l’Économie, des Finances et de la Relance, Ministre de la cohésion des territoires et des relations avec les collectivités territoriales (Reference for a preliminary ruling — Directive 2006/123/EC — Article 14(6) — Freedom of establishment — Commercial operating permit issued by a collegiate body — Body made up of, inter alia, recognised experts representative of the economic fabric — Persons potentially constituting or representing competing operators of the applicant for authorisation — Prohibition)
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11
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2021/C 349/15
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Case C-362/20: Judgment of the Court (Tenth Chamber) of 15 July 2021 (request for a preliminary ruling from the Hof van beroep te Antwerpen — Belgium) — Openbaar Ministerie, Federale Overheidsdienst Financiën v Profit Europe NV, Gosselin Forwarding Services NV (Reference for a preliminary ruling — Commercial policy — Regulation (EU) No 1071/2012 — Implementing Regulation (EU) No 430/2013 — Common Customs Tariff — Tariff classification — Combined Nomenclature — Subheadings 7307 11 10, 7307 19 10 and 7307 19 90 — Scope — Tariff classification resulting from a Court judgment — Definitive anti-dumping duties on imports of threaded tube or pipe cast fittings, of malleable cast iron — Whether definitive anti-dumping duties are applicable on imports of threaded tube or pipe cast fittings, of spheroidal graphite cast iron)
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12
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2021/C 349/16
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Joined Cases C-584/20 P and C-621/20 P: Judgment of the Court (Grand Chamber) of 15 July 2021 — European Commission v Landesbank Baden-Württemberg (C-584/20 P), Single Resolution Board v Landesbank Baden-Württemberg (C-621/20 P) (Appeal — Banking union — Single Resolution Mechanism (SRM) — Single Resolution Fund (SRF) — Calculation of the 2017 ex ante contributions — Authentication of a decision of the Single Resolution Board (SRB) — Obligation to state reasons — Confidential data — Legality of Delegated Regulation (EU) 2015/63)
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13
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2021/C 349/17
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Case C-709/20: Judgment of the Court (Grand Chamber) of 15 July 2021 (request for a preliminary ruling from the Appeal Tribunal (Northern Ireland) — United Kingdom) — CG v The Department for Communities in Northern Ireland (Reference for a preliminary ruling — Citizenship of the Union — National of a Member State without an activity residing in the territory of another Member State on the basis of national law — The first paragraph of Article 18 TFEU — Non-discrimination based on nationality — Directive 2004/38/EC — Article 7 — Conditions for obtaining a right of residence for more than three months — Article 24 — Social assistance — Concept — Equal treatment — Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland — Transition period — National provision excluding Union citizens with a right of residence for a fixed period under national law from social assistance — Charter of Fundamental Rights of the European Union — Articles 1, 7 and 24)
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14
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2021/C 349/18
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Case C-244/21: Request for a preliminary ruling from the Tribunalul Giurgiu (Romania) lodged on 16 April 2021 — C.I. I. v Ministerul Public — Parchetul de pe lângă Tribunalul Giurgiu
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15
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2021/C 349/19
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Case C-267/21: Request for a preliminary ruling from the Înalta Curte de Casație și Justiție (Romania) lodged on 23 April 2021 — Uniqa Asigurări SA v Agenția Națională de Administrare Fiscală — Direcția Generală de Soluționare a Contestațiilor and Direcția Generală de Administrare a Marilor Contribuabili
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15
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2021/C 349/20
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Case C-320/21 P: Appeal brought on 21 May 2021 by Ryanair DAC against the judgment of the General Court (Tenth Chamber, Extended Composition) delivered on 14 April 2021 in Case T-379/20, Ryanair v Commission (SAS, Sweden; Covid-19)
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16
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2021/C 349/21
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Case C-321/21 P: Appeal brought on 21 May 2021 by Ryanair DAC against the judgment of the General Court (Tenth Chamber, Extended Composition) delivered on 14 April 2021 in Case T-378/20, Ryanair v Commission (SAS, Denmark; Covid-19)
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17
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2021/C 349/22
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Case C-336/21: Request for a preliminary ruling from the Landesgericht Korneuburg (Austria) lodged on 27 May 2021 — L GmbH v F GmbH, BW, SW
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18
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2021/C 349/23
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Case C-353/21 P: Appeal brought on 4 June 2021 by Ryanair DAC against the judgment of the General Court (Tenth Chamber, Extended Composition) delivered on 14 April 2021 in Case T-388/20, Ryanair v Commission (Finnair I; Covid-19)
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18
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2021/C 349/24
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Case C-354/21: Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas (Lithuania) lodged on 4 June 2021 — R.J. R. v Valstybės įmonė Registrų centras
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19
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2021/C 349/25
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Case C-363/21: Request for a preliminary ruling from the Corte dei conti (Italy) lodged on 9 June 2021 — Ferrovienord SpA v Istituto Nazionale di Statistica — ISTAT
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20
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2021/C 349/26
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Case C-364/21: Request for a preliminary ruling from the Corte dei Conti (Italy) lodged on 10 June 2021 — Federazione Italiana Triathlon v Istituto Nazionale di Statistica — ISTAT, Ministero dell’Economia e delle Finanze
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21
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2021/C 349/27
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Case C-370/21: Request for a preliminary ruling from the Landgericht München (Germany) lodged on 15 June 2021 — DOMUS-SOFTWARE-AG v Marc Braschoß Immobilien GmbH
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22
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2021/C 349/28
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Case C-378/21: Request for a preliminary ruling from the Bundesfinanzgericht (Austria) lodged on 21 June 2021 — P GmbH
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22
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2021/C 349/29
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Case C-380/21: Request for a preliminary ruling from the Corte Suprema di Cassazione (Italy) lodged on 18 January 2021 — Istituto nazionale della previdenza sociale (INPS) v Ryanair DAC
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23
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2021/C 349/30
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Case C-405/21: Request for a preliminary ruling from the Višje sodišče v Mariboru (Slovenia) lodged on 30 June 2021 — FV v NOVA KREDITNA BANKA MARIBOR d.d.
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23
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General Court
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2021/C 349/31
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Case T-245/18: Judgment of the General Court of 14 July 2021 — Benavides Torres v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Venezuela — Freezing of funds — Lists of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the applicant’s name on the lists — Obligation to state reasons — Rights of the defence — Principle of sound administration — Right to effective judicial protection — Error of assessment)
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24
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2021/C 349/32
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Case T-246/18: Judgment of the General Court of 14 July 2021 — Moreno Pérez v Council (Common foreign and security policy — Restrictive measures taken with regard to the situation in Venezuela — Freezing of funds — Lists of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name on the lists — Retention of the applicant’s name on the lists — Obligation to state reasons — Rights of the defence — Principle of sound administration — Right to effective judicial protection — Error of assessment)
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24
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2021/C 349/33
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Case T-247/18: Judgment of the General Court of 14 July 2021 — Lucena Ramírez v Council (Common foreign and security policy — Restrictive measures taken with regard to the situation in Venezuela — Freezing of funds — Lists of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name on the lists — Retention of the applicant’s name on the lists — Obligation to state reasons — Rights of the defence — Principle of sound administration — Right to effective judicial protection — Error of assessment)
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25
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2021/C 349/34
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Case T-248/18: Judgment of the General Court of 14 July 2021 — Cabello Rondón v Council (Common foreign and security policy — Restrictive measures taken with regard to the situation in Venezuela — Freezing of funds — Lists of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name on the lists — Retention of the applicant’s name on the lists — Obligation to state reasons — Rights of the defence — Principle of sound administration — Right to effective judicial protection — Error of assessment — Freedom of expression)
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26
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2021/C 349/35
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Case T-249/18: Judgment of the General Court of 14 July 2021 — Saab Halabi v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Venezuela — Freezing of funds — Lists of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name on the lists — Retention of the applicant’s name on the lists — Obligation to state reasons — Rights of the defence — Principle of sound administration — Right to effective judicial protection — Error of assessment)
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27
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2021/C 349/36
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Case T-550/18: Judgment of the General Court of 14 July 2021 — Harrington Padrón v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Venezuela — Freezing of funds — Lists of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the applicant’s name on the lists — Error of assessment — Right to property)
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27
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2021/C 349/37
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Case T-551/18: Judgment of the General Court of 14 July 2021 — Oblitas Ruzza v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Venezuela — Freezing of funds — Lists of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the applicant’s name on the lists — Retention of the applicant’s name on the lists — Error of assessment — Right to property)
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28
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2021/C 349/38
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Case T-552/18: Judgment of the General Court of 14 July 2021 — Moreno Reyes v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Venezuela — Freezing of funds — Lists of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the applicant’s name on the lists — Retention of the applicant’s name on the lists — Error of assessment)
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29
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2021/C 349/39
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Case T-553/18: Judgment of the General Court of 14 July 2021 — Rodríguez Gómez v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Venezuela — Freezing of funds — Lists of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the applicant’s name on the lists — Retention of the applicant’s name on the lists — Error of assessment — Right to property)
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29
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2021/C 349/40
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Case T-554/18: Judgment of the General Court of 14 July 2021 — Hernández Hernández v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Venezuela — Freezing of funds — Lists of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the applicant’s name on the lists — Retention of the applicant’s name on the lists — Error of assessment — Right to property)
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30
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2021/C 349/41
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Case T-32/19: Judgment of the General Court of 14 July 2021 — Harrington Padrón v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Venezuela — Freezing of funds — Lists of persons, entities and bodies subject to the freezing of funds and economic resources — Retention of the applicant’s name on the lists — Error of assessment)
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31
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2021/C 349/42
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Case T-35/19: Judgment of the General Court of 14 July 2021 — Benavides Torres v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Venezuela — Freezing of funds — Lists of persons, entities and bodies subject to the freezing of funds and economic resources — Retention of the applicant’s name on the lists — Error of assessment)
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31
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2021/C 349/43
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Case T-632/19: Judgment of the General Court of 14 July 2021 — DD v FRA (Civil service — Members of the temporary staff — Claims for damages — Non-material damage — Implementation of the judgments of the Civil Service Tribunal and of the General Court)
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32
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2021/C 349/44
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Case T-75/20: Judgment of the General Court of 14 July 2021 — Abitron Germany v EUIPO — Hetronic International (NOVA) (EU trade mark — Invalidity proceedings — EU word mark NOVA — Non-registered earlier national trade mark NOVA — Relative ground for refusal — 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, respectively) — Reference to the national law governing the earlier mark — Absolute ground for refusal — No bad faith — Article 52(1)(b) of Regulation No 207/2009 (now Article 59(1)(b) of Regulation 2017/1001))
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32
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2021/C 349/45
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Case T-181/20: Judgment of the General Court of 14 July 2021 — Griba v CPVO (Stark Gugger) (Plant varieties — Application for a Community plant variety right for the Stark Gugger apple variety — Technical examination — Testing location — Equal treatment — Rights of the defence — Obligation to state reasons)
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33
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2021/C 349/46
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Case T-182/20: Judgment of the General Court of 14 July 2021 — Griba v CPVO (Gala Perathoner) (Plant varieties — Application for a Community plant variety right for the Gala Perathoner apple variety — Technical examination — Testing location — Equal treatment — Rights of the defence — Obligation to state reasons)
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34
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2021/C 349/47
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Case T-297/20: Judgment of the General Court of 14 July 2021 — Fashioneast and AM.VI. v EUIPO — Moschillo (RICH JOHN RICHMOND) (EU trade mark — Revocation proceedings — EU figurative mark RICH JOHN RICHMOND — Absence of genuine use of a trade mark — Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) — Use in a form differing in elements which alter the distinctive character of the mark — Point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009 (now point (a) of the second subparagraph of Article 18(1) of Regulation 2017/1001)
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34
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2021/C 349/48
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Case T-389/20: Judgment of the General Court of 14 July 2021 — KO v Commission (Civil service — Members of the temporary staff — Remuneration — Expatriation allowance — Article 4(1)(a) of Annex VII to the Staff Regulations — Refusal to grant the expatriation allowance — Habitual residence — Period of training)
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35
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2021/C 349/49
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Case T-399/20: Judgment of the General Court of 14 July 2021 — Cole Haan v EUIPO — Samsøe & Samsøe Holding (Ø) (EU trade mark — Opposition proceedings — Application for EU figurative mark Ø — Earlier international figurative mark φ — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EU) 2017/1001)
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35
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2021/C 349/50
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Case T-488/20: Judgment of the General Court of 14 July 2021 — Guerlain v EUIPO (Shape of an oblong, tapered and cylindrical lipstick) (EU trade mark — Application for registration of a three-dimensional EU trade mark — Shape of an oblong, tapered and cylindrical lipstick — Absolute ground for refusal — Distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)
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36
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2021/C 349/51
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Case T-527/20: Judgment of the General Court of 14 July 2021 — Aldi v EUIPO (CUCINA) (EU trade mark — Application for the EU figurative mark CUCINA — Absolute grounds for refusal — No distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
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37
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2021/C 349/52
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Case T-622/20: Judgment of the General Court of 14 July 2021 — Aldi v EUIPO (Cachet) (EU trade mark — Application for the EU word mark Cachet — Absolute grounds for refusal — Descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)
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37
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2021/C 349/53
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Case T-740/20: Judgment of the General Court of 14 July 2021 — Arnautu v Parliament (Law governing the institutions — Rules on expenses and allowances for Members of Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid — Plea of illegality — Rights of the defence — Error of assessment)
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38
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2021/C 349/54
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Case T-749/20: Judgment of the General Court of 14 July 2021 — Veronese v EUIPO — Veronese Design Company (VERONESE) (EU trade mark — Invalidity proceedings — EU figurative mark VERONESE — Earlier EU word mark VERONESE — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation 207/2009 (now Article (8)(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001) — Decision adopted following the annulment by the General Court of an earlier decision — Article 72(6) of Regulation 2017/1001 — res judicata)
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38
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2021/C 349/55
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Case T-389/21: Action brought on 5 July 2021 — Landesbank Baden-Württemberg v SRB
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39
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2021/C 349/56
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Case T-390/21: Action brought on 5 July 2021 — DZ Bank v SRB
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41
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2021/C 349/57
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Case T-391/21: Action brought on 5 July 2021 — Deutsche Kreditbank v SRB
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41
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2021/C 349/58
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Case T-392/21: Action brought on 5 July 2021 — Landesbank Hessen-Thüringen Girozentrale v SRB
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43
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2021/C 349/59
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Case T-393/21: Action brought on 5 July 2021 — Max Heinr. Sutor v SRB
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43
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2021/C 349/60
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Case T-394/21: Action brought on 6 July 2021 — Bayerische Landesbank v SRB
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45
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2021/C 349/61
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Case T-395/21: Action brought on 6 July 2021 — DZ Hyp v SRB
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46
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2021/C 349/62
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Case T-396/21: Action brought on 7 July 2021 — Deutsche Bank v SRB
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46
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2021/C 349/63
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Case T-404/21: Action brought on 8 July 2021 — DVB Bank v SRB
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48
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2021/C 349/64
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Case T-434/21: Action brought on 17 July 2021 — TO v EEA
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48
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2021/C 349/65
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Case T-435/21: Action brought on 16 July 2021 — TK v Commission
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49
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