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CELEX:62020CA0405: Case C-405/20: Judgment of the Court (First Chamber) of 5 May 2022 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — EB, JS, DP v Versicherungsanstalt öffentlich Bediensteter, Eisenbahnen und Bergbau (BVAEB) (Reference for a preliminary ruling — Social policy — Article 157 TFEU — Protocol (No 33) — Equal treatment of men and women in matters of employment and occupation — Directive 2006/54/EC — Article 5(c) and Article 12 — Prohibition of indirect discrimination on grounds of sex — Occupational social security scheme applicable after the date referred to in that protocol and that article 12 — Retirement pensions of civil servants — National legislation providing for an annual adjustment of retirement pensions — Adjustment on a reducing scale depending on the amount of the retirement pension, with no adjustment at all above a certain amount — Justifications)

June 27, 2022 No Comments

CELEX:62020CA0265: Case C-265/20: Judgment of the Court (Seventh Chamber) of 5 May 2022 (request for a preliminary ruling from the Hof van beroep te Antwerpen — Belgium) — FN v Universiteit Antwerpen and Others (Reference for a preliminary ruling — Social policy — Part-time work — Directive 97/81/EC — Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC — Clause 4.1 — Principle of non-discrimination — Part-time academic staff — Automatic permanent appointments reserved for academic staff members holding a full-time teaching post — Calculation of the percentage of a full-time workload to which a part-time workload corresponds — No requirements)

June 27, 2022 No Comments

CELEX:62020CA0083: Case C-83/20: Judgment of the Court (First Chamber) of 5 May 2022 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — BPC Lux 2 Sàrl and Others v Banco de Portugal, Banco Espírito Santo SA, Novo Banco SA (Reference for a preliminary ruling — Directive 2014/59/EU — Banking union — Recovery and resolution of credit institutions and investment firms — Articles 36, 73 and 74 — Protection of shareholders and creditors — Partial implementation before expiry of the period for transposition — Transposition in stages — Charter of Fundamental Rights of the European Union — Article 17(1) — Right to property)

June 27, 2022 No Comments

CELEX:62020CA0054: Case C-54/20 P: Judgment of the Court (Second Chamber) of 5 May 2022 — European Commission v Stefano Missir Mamachi di Lusignano and Others (Appeal — Civil service — Non-contractual liability of the European Union based on a failure of an institution to fulfil its duty to ensure the protection of its officials — Delegation of the European Commission in Morocco — Murdered official — Non-material damage suffered by the official’s brother and sister — Remedy — Articles 270, 268 and 340 TFEU — Staff Regulations of Officials of the European Union — Articles 40, 42b, 55a, 73, 90 and 91 — Concept of a ‘person to whom the Staff Regulations apply’ — Statement of reasons)

June 27, 2022 No Comments

CELEX:62019CA0451: Joined Cases C-451/19 and C-532/19: Judgment of the Court (Fourth Chamber) of 5 May 2022 (requests for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha — Spain) — Subdelegación del Gobierno en Toledo v XU (C-451/19), QP (C-532/19) (Reference for a preliminary ruling — Article 20 TFEU — Union citizenship — Union citizen who has never exercised his or her right of freedom of movement — Application for a residence card for his or her family member who is a third-country national — Refusal — Obligation for the Union citizen to have sufficient resources — Obligation for spouses to live together — Minor child who is a Union citizen — National legislation and practice — Genuine enjoyment of the substance of the rights conferred on EU nationals — Deprivation)

June 27, 2022 No Comments

CELEX:62021TA0106: Case T-106/21: Judgment of the General Court of 27 April 2022 — Kazembe Musonda v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territories of the Member States — Retention of the applicant’s name on the lists of persons covered — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures)

June 27, 2022 No Comments

CELEX:62021TA0105: Case T-105/21: Judgment of the General Court of 27 April 2022 — Kanyama v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territories of the Member States — Retention of the applicant’s name on the lists of persons covered — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures)

June 27, 2022 No Comments

CELEX:62021TA0104: Case T-104/21: Judgment of the General Court of 27 April 2022 — Kande Mupompa v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territories of the Member States — Retention of the applicant’s name on the lists of persons covered — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures)

June 27, 2022 No Comments

CELEX:62021TA0103: Case T-103/21: Judgment of the General Court of 27 April 2022 — Boshab v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons covered — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures)

June 27, 2022 No Comments

CELEX:62021TA0057: Case T-57/21: Judgment of the General Court of 6 April 2022 — Hungary v Commission (EAGF and EAFRD — Expenditure excluded from financing — Obligation to increase on-the-spot checks — Article 35 of Commission Implementing Regulation (EU) No 809/2014 — Legal value of the working documents of the Commission — Calculation of the increase in the rate of on-the-spot checks)

June 27, 2022 No Comments

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