21381Case T-231/21: Judgment of the General Court of 19 October 2022 — Praesidiad v EUIPO — Zaun (Post) (Community design — Invalidity proceedings — Registered Community design representing a post — Ground for invalidity — Failure to comply with the requirements for protection — Article 25(1)(b) of Regulation (EC) No 6/2002 — Features of appearance of a product solely dictated by its technical function — Article 8(1) of Regulation No 6/2002)cjeu_case · 19 octobre 2022
21382Case T-81/21: Judgment of the General Court of 19 October 2022 — Sistem ecologica v Commission (Regulation (EU, Euratom) No 883/2013 — Investigation into evasion of the conventional, countervailing and anti-dumping duties imposed on imports of biodiesel into the European Union — OLAF Communication to national customs authorities — OLAF investigation report — Action for annulment — Act not open to challenge — Claim for compensation — Sufficiently serious breach of a rule of law intended to confer rights on individuals)cjeu_case · 19 octobre 2022
21383Order of the Court (Eighth Chamber) of 19 October 2022.#VB v Comune di Portici.#Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Article 49 TFEU – Freedom of establishment – Article 56 TFEU – Freedom to provide services – Road traffic – Registration and taxation of motor vehicles – Vehicle registered in a Member State – Driver residing in the Member State where the vehicle is registered and in another Member State – Legislation of a Member State prohibiting persons who have resided in that Member State for more than 60 days from driving in that Member State a vehicle registered in another country.#Case C-777/21.cjeu_case · 19 octobre 2022
21384Order of the Court (Eighth Chamber) of 19 October 2022.#VB v Comune di Portici.#Request for a preliminary ruling from the Tribunale di Napoli.#Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Article 49 TFEU – Freedom of establishment – Article 56 TFEU – Freedom to provide services – Road traffic – Registration and taxation of motor vehicles – Vehicle registered in a Member State – Driver residing in the Member State where the vehicle is registered and in another Member State – Legislation of a Member State prohibiting persons who have resided in that Member State for more than 60 days from driving in that Member State a vehicle registered in another country.#Case C-777/21.cjeu_case · 19 octobre 2022
21385Case C-777/21: Order of the Court (Eighth Chamber) of 19 October 2022 (request for a preliminary ruling from the Tribunale di Napoli — Italy) — VB v Comune di Portici (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Article 49 TFEU — Freedom of establishment — Article 56 TFEU — Freedom to provide services — Road traffic — Registration and taxation of motor vehicles — Vehicle registered in a Member State — Driver residing in the Member State where the vehicle is registered and in another Member State — Legislation of a Member State prohibiting persons who have resided in that Member State for more than 60 days from driving in that Member State a vehicle registered in another country)cjeu_case · 19 octobre 2022
21386Judgment of the General Court (Second Chamber) of 19 October 2022.#Lenovo Global Technology Belgium BV v European High-Performance Computing Joint Undertaking.#Public procurement – Tendering procedure – Acquisition, delivery, installation and maintenance of the Leonardo Supercomputer for the hosting entity Cineca – Rejection of a tenderer’s bid – Equal treatment – Principle of sound administration – Manifest error of assessment.#Case T-717/20.cjeu_case · 19 octobre 2022
21387Judgment of the General Court (Second Chamber) of 19 October 2022.#Lenovo Global Technology Belgium BV v European High-Performance Computing Joint Undertaking.#Public procurement – Tendering procedure – Acquisition, delivery, installation and maintenance of the Leonardo Supercomputer for the hosting entity Cineca – Rejection of a tenderer’s bid – Equal treatment – Principle of sound administration – Manifest error of assessment.#Case T-717/20.cjeu_case · 19 octobre 2022
21388Judgment of the General Court (Seventh Chamber) of 19 October 2022.#MV v European Commission.#Civil service – Officials – Recruitment – Notice of open competition EPSO/AD/364/19 (AD 7) – Decision of the Selection Board to exclude the applicant from the next stage of the competition – Competition eligibility requirements – Insufficient professional experience – Obligation to state reasons – Manifest error of assessment – Rules on languages – Equal treatment.#Case T-624/20.cjeu_case · 19 octobre 2022
21389Judgment of the General Court (Seventh Chamber) of 19 October 2022.#MV v European Commission.#Civil service – Officials – Recruitment – Notice of open competition EPSO/AD/364/19 (AD 7) – Decision of the Selection Board to exclude the applicant from the next stage of the competition – Competition eligibility requirements – Insufficient professional experience – Obligation to state reasons – Manifest error of assessment – Rules on languages – Equal treatment.#Case T-624/20.cjeu_case · 19 octobre 2022
21390Judgment of the General Court (Sixth Chamber) of 19 October 2022.#Interessengemeinschaft der Hoteliers und Gastronomen Region 10 eV (Ighoga Region 10) and Others v European Commission.#State aid – Construction of a hotel and congress centre in Ingolstadt – Decision finding that there is no State aid – Procedural rights of interested parties – Failure to initiate the formal investigation procedure – No serious difficulties.#Case T-582/20.cjeu_case · 19 octobre 2022
21391Judgment of the General Court (Sixth Chamber) of 19 October 2022.#Interessengemeinschaft der Hoteliers und Gastronomen Region 10 eV (Ighoga Region 10) and Others v European Commission.#State aid – Construction of a hotel and congress centre in Ingolstadt – Decision finding that there is no State aid – Procedural rights of interested parties – Failure to initiate the formal investigation procedure – No serious difficulties.#Case T-582/20.cjeu_case · 19 octobre 2022
21392Judgment of the General Court (Third Chamber) of 19 October 2022.#Health and Happiness (H&H) Hong Kong Ltd v European Union Intellectual Property Office.#EU trade mark – Invalidity proceedings – EU figurative mark Swisse – Absolute grounds for invalidity – Article 51(1)(a) and (b) of Regulation (EC) No 40/94 (now Article 59(1)(a) and (b) of Regulation (EU) 2017/1001) – No distinctive character – Trade mark of such a nature as to deceive the public – State emblem – Trade mark including badges, emblems or escutcheons – Article 7(1)(b), (g), (h) and (i) of Regulation No 40/94 (now Article 7(1)(b), (g), (h) and (i) of Regulation 2017/1001) – Bad faith – Statement of reasons for the application for a declaration of invalidity – Article 63(2) of Regulation 2017/1001 – Scope of the examination which has to be carried out by EUIPO – Article 95(1) of Regulation 2017/1001 – Right to be heard – Article 41 of the Charter of Fundamental Rights.#Case T-486/20.cjeu_case · 19 octobre 2022
21393Judgment of the General Court (Third Chamber) of 19 October 2022.#Health and Happiness (H&H) Hong Kong Ltd v European Union Intellectual Property Office.#EU trade mark – Invalidity proceedings – EU figurative mark Swisse – Absolute grounds for invalidity – Article 51(1)(a) and (b) of Regulation (EC) No 40/94 (now Article 59(1)(a) and (b) of Regulation (EU) 2017/1001) – No distinctive character – Trade mark of such a nature as to deceive the public – State emblem – Trade mark including badges, emblems or escutcheons – Article 7(1)(b), (g), (h) and (i) of Regulation No 40/94 (now Article 7(1)(b), (g), (h) and (i) of Regulation 2017/1001) – Bad faith – Statement of reasons for the application for a declaration of invalidity – Article 63(2) of Regulation 2017/1001 – Scope of the examination which has to be carried out by EUIPO – Article 95(1) of Regulation 2017/1001 – Right to be heard – Article 41 of the Charter of Fundamental Rights.#Case T-486/20.cjeu_case · 19 octobre 2022
21394Judgment of the General Court (First Chamber) of 19 October 2022.#Sogia Ellas AE v European Commission.#State aid – Activities linked to the production, processing and marketing of agricultural products – Aid schemes granted by Greece in the form of interest subsidies and State guarantees on existing and new loans to compensate for damage caused by natural disasters or exceptional occurrences – Decision declaring the aid schemes incompatible with the internal market and unlawful and ordering the recovery of the aid paid – Aid limited to disaster-hit geographical areas – Advantage – Selectivity – Market economy operator principle – Principle of sound administration – Right to be heard – Length of the procedure – Protection of legitimate expectations – Limitation period – Article 17 of Regulation (EU) 2015/1589.#Case T-347/20.cjeu_case · 19 octobre 2022
21395Judgment of the General Court (First Chamber) of 19 October 2022.#Sogia Ellas AE v European Commission.#State aid – Activities linked to the production, processing and marketing of agricultural products – Aid schemes granted by Greece in the form of interest subsidies and State guarantees on existing and new loans to compensate for damage caused by natural disasters or exceptional occurrences – Decision declaring the aid schemes incompatible with the internal market and unlawful and ordering the recovery of the aid paid – Aid limited to disaster-hit geographical areas – Advantage – Selectivity – Market economy operator principle – Principle of sound administration – Right to be heard – Length of the procedure – Protection of legitimate expectations – Limitation period – Article 17 of Regulation (EU) 2015/1589.#Case T-347/20.cjeu_case · 19 octobre 2022
21396Judgment of the General Court (Seventh Chamber) of 19 October 2022.#JS v Single Resolution Board.#Civil service – Members of the temporary staff – Time limit for complaints – Admissibility – Psychological harassment – Article 12a of the Staff Regulations – Request for assistance – Article 24 of the Staff Regulations – Rejection of the request – Absence of prima facie evidence – Duty to have regard for the welfare of staff – Liability.#Case T-271/20.cjeu_case · 19 octobre 2022
21397Judgment of the General Court (Seventh Chamber) of 19 October 2022.#JS v Single Resolution Board.#Civil service – Members of the temporary staff – Time limit for complaints – Admissibility – Psychological harassment – Article 12a of the Staff Regulations – Request for assistance – Article 24 of the Staff Regulations – Rejection of the request – Absence of prima facie evidence – Duty to have regard for the welfare of staff – Liability.#Case T-271/20.cjeu_case · 19 octobre 2022
21398Judgment of the General Court (Seventh Chamber) of 19 October 2022.#JS v Single Resolution Board.#Civil service – Members of the temporary staff – Appraisal report – 2018 appraisal exercise – Manifest error of assessment – Principle of impartiality – Right to a fair hearing – Article 26 of the Staff Regulations – Duty to have regard for the welfare of staff – Liability.#Case T-270/20.cjeu_case · 19 octobre 2022
21399Judgment of the General Court (Seventh Chamber) of 19 October 2022.#JS v Single Resolution Board.#Civil service – Members of the temporary staff – Appraisal report – 2018 appraisal exercise – Manifest error of assessment – Principle of impartiality – Right to a fair hearing – Article 26 of the Staff Regulations – Duty to have regard for the welfare of staff – Liability.#Case T-270/20.cjeu_case · 19 octobre 2022
21400Case T-717/20: Judgment of the General Court of 19 October 2022 — Lenovo Global Technology Belgium v Joint Undertaking EuroHPC (Public procurement — Tendering procedure — Acquisition, delivery, installation and maintenance of the Leonardo Supercomputer for the hosting entity Cineca — Rejection of a tenderer’s bid — Equal treatment — Principle of sound administration — Manifest error of assessment)cjeu_case · 19 octobre 2022