January 30, 2023 – Page 9 – ZDSS

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CELEX:62021TA0612: Case T-612/21: Judgment of the General Court of 30 November 2022 — ADS L. Kowalik, B. Włodarczyk v EUIPO — ESSAtech (Accessory for wireless remote control) (Community design — Invalidity proceedings — Registered Community design representing an accessory for a wireless remote control — Ground for invalidity — Features of appearance of a product which are solely dictated by its technical function — Article 8(1) and Article 25(1)(b) of Regulation (EC) No 6/2002 — Facts or evidence submitted for the first time before the Board of Appeal — Article 63(2) of Regulation No 6/2002 — Obligation to state reasons — Article 41(1) and (2)(c) of the Charter of Fundamental Rights)

January 30, 2023 No Comments

CELEX:62021TA0515: Case T-515/21: Judgment of the General Court of 23 November 2022 — Zeta Farmaceutici v EUIPO — Specchiasol (EUPHYTOS) (EU trade mark — Invalidity proceedings — EU wordmark EUPHYTOS — Earlier EU figurative mark EuPhidra — Proof of genuine use of the earlier mark — Article 56(2) and Article 43(2) of Regulation (EC) No 40/94 (now Article 64(2) and Article 47(2) of Regulation (EU) 2017/1001) — Relevant periods — Submission of evidence for the first time before the Board of Appeal — Discretion of the Board of Appeal — Article 95(2) of Regulation 2017/1001 — Article 27(4) of Delegated Regulation (EU) 2018/625)

January 30, 2023 No Comments

CELEX:62021TA0487: Case T-487/21: Judgment of the General Court of 7 December 2022 — Neoperl v EUIPO (Representation of a cylindrical sanitary insert) (EU trade mark — Application for an EU trade mark representing a cylindrical sanitary insert — Tactile position mark — Absolute grounds for refusal — Scope of the law — Court acting of its own motion — Examination of distinctive character by the Board of Appeal — Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Sign not capable of constituting an EU mark — Absence of a precise and self-contained graphic representation of the tactile impression produced by the sign — Article 4 and 7(1)(a) of Regulation (EC) No 207/2009 (now Article 4 and 7(1)(a) of Regulation (EU) 2017/1001))

January 30, 2023 No Comments

CELEX:62021TA0401: Case T-401/21: Judgment of the General Court of 30 November 2022 — KN v Parliament (Institutional law — Member of the EESC — Discharge procedure in respect of the implementation of the EESC’s budget for the 2019 financial year — Resolution of the Parliament designating the applicant as the perpetrator of psychological harassment — Action for annulment — Non-actionable measure — Inadmissibility — Action for damages — Protection of personal data — Presumption of innocence — Duty of confidentiality — Principle of sound administration — Proportionality — Sufficiently serious infringement of a rule of law conferring rights on individuals)

January 30, 2023 No Comments

CELEX:62021TA0221: Case T-221/21: Judgment of the General Court of 30 November 2022 — Italy v Commission (EAGF and EAFRD — Expenditure excluded from financing — Area-related aid scheme — Financial corrections — Definition of ‘permanent grasslands’ — Article 4(1)(h) of Regulation (EU) No 1307/2013 — Article 5(3) of Delegated Regulation (EU) No 499/2014)

January 30, 2023 No Comments

CELEX:62021TA0130: Case T-130/21: Judgment of the General Court of 7 December 2022 — CCPL and Others v Commission (Competition — Agreements, decisions and concerted practices — Retail food packaging — Decision adjusting the amount of a fine — Calculation of the fine — Imputability of unlawful conduct — 2006 Guidelines on the method for setting fines — Upper limit of the fine — Proportionality — Equal treatment — Ability to pay)

January 30, 2023 No Comments

CELEX:62020TA0537: Case T-537/20: Judgment of the General Court of 7 December 2022 — Lithuania v Commission (EAGF and EAFRD — Expenditure excluded from financing — Expenditure by Lithuania — Aid for early retirement — Article 52(2) of Regulation (EU) No 1306/2013 — Article 34(6) and Article 35(1) of Implementing Regulation (EU) No 908/2014)

January 30, 2023 No Comments

CELEX:62020TA0275: Case T-275/20: Judgment of the General Court of 23 November 2022 — Westfälische Drahtindustrie and Others v Commission (Action for annulment and for damages — Competition — Agreements, decisions and concerted practices — European market for prestressing steel — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Suspension of the obligation to provide a bank guarantee — Payment by instalments on a provisional basis — Judgment annulling in part the decision and setting a fine in an amount identical to the amount of the fine originally imposed — Application of payments made on a provisional basis — Default interest — First paragraph of Article 266 TFEU — Unjust enrichment — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Recovery of undue payments — No legal basis — Unlawfulness)

January 30, 2023 No Comments

CELEX:62020TA0230: Case T-230/20: Judgment of the General Court of 7 December 2022 — PNB Banka v ECB (Economic and monetary policy — Prudential supervision of credit institutions — Regulation (EU) No 1024/2013 — Specific supervisory tasks assigned to the ECB — Decision to withdraw the authorisation of the credit institution PNB Banka — Proposal of the national competent authority to withdraw authorisation — Insolvency decision in respect of PNB Banka — Reasonable time — Obligation to state reasons — Proportionality)

January 30, 2023 No Comments

CELEX:62019TA0330: Case T-330/19: Judgment of the General Court of 7 December 2022 — PNB Banka v ECB (Economic and monetary policy — Prudential supervision of credit institutions — Article 22 of Directive 2013/36/EU — Opposition of the ECB to the acquisition of qualifying holdings in a credit institution — Starting point of the assessment period — Intervention by the ECB during the initial stage of the procedure — Criteria of financial stability of the proposed acquirer and compliance with prudential requirements — Existence of reasonable grounds for opposing the acquisition on the basis of one or more assessment criteria — Article 106 of the Rules of Procedure — Request for a hearing without a statement of reasons)

January 30, 2023 No Comments

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