Daily Archives: 11 July, 2022

CELEX:62019CA0725: Case C-725/19: Judgment of the Court (Grand Chamber) of 17 May 2022 (request for a preliminary ruling from the Judecătoria Sectorului 2 Bucureşti — Romania) — IO v Impuls Leasing România IFN SA (Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms in consumer contracts — Principle of equivalence — Principle of effectiveness — Enforcement proceedings in respect of a leasing contract constituting an enforceable instrument — Objection to enforcement — National legislation not allowing the court hearing that objection to determine whether the terms of an enforceable instrument are unfair — Power of the court hearing the enforcement proceedings to examine of its own motion whether a term is unfair — Existence of an action under ordinary law allowing the review of whether those terms were unfair — Requirement of a security in order to suspend the enforcement proceedings)

CELEX:62019CA0693: Joined Cases C-693/19 and C-831/19: Judgment of the Court (Grand Chamber) of 17 May 2022 (requests for a preliminary ruling from the Tribunale di Milano — Italy) — SPV Project 1503 Srl, Dobank SpA v YB (C-693/19), Banco di Desio e della Brianza SpA and Others v YX, ZW (C-831/19) (Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms in consumer contracts — Principle of equivalence — Principle of effectiveness — Payment order and attachment proceedings against third parties — Force of res judicata implicitly covering the validity of the terms of an enforceable instrument — Power of the court hearing the enforcement proceedings to examine of its own motion the potential unfairness of a term)

CELEX:62019CA0600: Case C-600/19: Judgment of the Court (Grand Chamber) of 17 May 2022 (request for a preliminary ruling from the Audiencia Provincial de Zaragoza — Spain) — MA v Ibercaja Banco SA (Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms in consumer contracts — Principle of equivalence — Principle of effectiveness — Mortgage enforcement proceedings — Unfairness of the term setting the nominal rate for default interest, and of the advanced repayment term in the loan agreement — Force of res judicata and time-barring — Loss of the possibility of relying on the unfairness of a contractual term before a court — Power of review by the national court of its own motion)

CELEX:62021TB0336: Case T-336/21: Order of the General Court of 7 April 2022 — Mendus v EUIPO — (CENSOR.NET) (EU trade mark — Revocation of the contested decision — Action which has become devoid of purpose — No need to adjudicate)

CELEX:62021TB0282: Case T-282/21: Order of the General Court of 7 April 2022 — SS and ST v Frontex (Actions for failure to act — Right to asylum — Invitation to act — Position taken by Frontex — Inadmissibility)

CELEX:62021TB0154: Case T-154/21: Order of the General Court of 6 April 2022 — Saure v Commission (Action for annulment — Access to documents — Regulation (EC) No 1049/2001 — Confirmatory application made prematurely — Article 7 of Regulation No 1049/2001 — No challengeable act — Express refusal to grant access — Modification of the application — Manifest inadmissibility)

CELEX:62021TA0710: Joined Cases T-710/21, T-722/21 and T-723/21: Judgment of the General Court of 27 April 2022 — Roos and Others v Parliament (Public health — Requirement to present a valid EU digital COVID-19 certificate to access the Parliament’s buildings — Legal basis — Freedom and independence of Members of the European Parliament — Obligation to ensure the health of staff in the service of the European Union — Parliamentary immunity — Processing of personal data — Right to respect for private life — Right to physical integrity — Right to security — Equal treatment — Proportionality)

CELEX:62021TA0619: Case T-619/21: Judgment of the General Court of 4 May 2022 — PricewaterhouseCoopers Belastingadviseurs NV v EUIPO — Haufe-Lexware (TAXMARC) (EU trade mark — Opposition proceedings — Application for EU word mark TAXMARC — Prior EU figurative mark TAXMAN — Suspension of proceedings — Article 71(1) of Delegated Regulation (EU) 2018/625)

CELEX:62021TA0436: Case T-436/21: Judgment of the General Court of 27 April 2022 — Veen v Europol (Non-contractual liability — Cooperation of the police authorities and other law enforcement agencies of the Member States — Fight against crime — Communication of information by Europol to a Member State — Alleged unauthorised data processing — Regulation (EU) 2016/794 — Article 50(1) — Non-material harm)

CELEX:62021TA0261: Case T-261/21: Judgment of the General Court of 4 May 2022 — Sturz v EUIPO — Clatronic International (STEAKER) (EU trade mark — Invalidity proceedings — EU word mark STEAKER — Absolute grounds for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — No distinctive character — Article 52(1)(a) of Regulation No 207/2009 (now Article 59(1)(a) of Regulation 2017/1001) — Right to be heard — Article 94(1) of Regulation 2017/1001)