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… Rights of the European Union (‘the ’) on account of the failure to state adequate reasons for the contested decision; - alleging, third, infringement of the right to effective judicial protection guaranteed by (1) of the ; - based, fourth, on a plea of illegality in respect of 4 to 9 of and Annex I to Delegated Regulation 2015/63, alleging infringement of the right to effective judicial protection guaranteed by (1) of the and breach of the principle …

… (a) The first part, concerning an alleged breach of the principle of effective judicial protection 31 The applicant submits that 4 to 9 of and Annex I to Delegated Regulation 2015/63 breach the principle of effective judicial protection, as enshrined in (1) of the . …

… of the , the parties to a case must have the right to examine all the documents or observations submitted to the court for the purpose of influencing its decision, and to comment on them. …

… and the case-law cited). 40 The statement of reasons required by 296 TFEU and 41(2)(c) of the must be appropriate to the nature of the act at issue and to the context in which it was adopted. …

… Furthermore, the items of evidence contained in the second WK pack - although, for the most part, these pre-date the maintaining acts of September 2022 - were not relied upon when those acts were adopted. 37 The Council, supported by the Commission, disputes the applicant’s arguments. 38 According to settled case-law, the right to effective judicial protection, set out in of the of Fundamental Rights of the European Union (‘the ’), requires that the person concerned must …

… of the requires, inter alia, that the Courts of the European Union ensure that the decision by way of which restrictive measures were adopted or maintained, which affects the person or entity concerned individually, is taken on a sufficiently solid factual basis. …

… Accordingly, given the inconsistencies between the criteria referred to, it is impossible for the applicant to understand the reasons for his listing. 33 The Council disputes those arguments. 34 According to settled case-law, the right to effective judicial protection, which is affirmed in of the of Fundamental Rights of the European Union (‘the ’), requires that the person concerned must be able to ascertain the reasons upon which the decision taken in relation to him or …

… of the requires, inter alia, that the Courts of the European Union ensure that the decision by which restrictive measures were adopted or maintained, which affects the person or entity concerned individually, is taken on a sufficiently solid factual basis. …

… The first plea in law, alleging breach of the right to effective judicial protection and infringement of of the of Fundamental Rights of the European Union, and infringement of the obligation to state reasons and of 296 TFEU 30 In the first place, the applicant claims that the formal statement of reasons for the inclusion of his name on the lists at issue is either almost absent or contradictory, or does not comply with the obligation of specificity borne by the Council …

… may be called upon to rule on questions concerning the application or interpretation of EU law are in a position to ensure such effective judicial protection, maintaining their is essential, as confirmed by the second paragraph of of the , which refers to access to an ‘ and ’ tribunal as one of the requirements linked to the fundamental right to an effective remedy. …

… 19(1) TEU - of Fundamental Rights of the European Union - - Approval of the agreement by the court - Conditions - Designation of an ad hoc court - Consent of the other accused persons) 1. …

… In any event, it cannot, in my view, be inferred from the information contained in point 64 of this Opinion that the second subparagraph of 19(1) TEU, read in the light of of the , must be interpreted as precluding the national legislation at issue. …

… JUDGMENT OF THE COURT (Third Chamber) 14 December 2023 (*) (Reference for a preliminary ruling - Protection of natural persons with regard to the processing of personal data - Regulation (EU) 2016/679 - 5 - Principles relating to that processing - 24 - Accountability of the controller - 32 - Measures implemented to ensure security of processing - Assessment of the appropriateness of such measures - Scope of judicial review - Taking of evidence - 82 - Right to compensation …

… Nikolova, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 27 April 2023, gives the following Judgment 1 This request for a preliminary ruling concerns the interpretation of 5(2), 24 and 32 and 82(1) to (3) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive …

… Legal context 3 Recitals 4, 10, 11, 74, 76, 83, 85 and 146 of the GDPR are worded as follows: ‘(4) … This Regulation respects all fundamental rights and observes the freedoms and principles recognised in the [ of Fundamental Rights of the European Union] as enshrined in the Treaties, in particular the respect for private and family life, home and communications, the protection of personal data, … the right to an effective remedy and to a fair trial … … (10) In order to ensure a consistent …

… The resolution reiterated that the of the judiciary was enshrined in of the and 6 of the Convention, and was an essential requirement of the democratic principle of the separation of powers, which was also reflected in Article 10 of the Polish Constitution. …

… By the third plea, the Commission argues that the Constitutional Court no longer offers the guarantees of an and tribunal previously established by law for the purposes of the second subparagraph of 19(1) TEU, in conjunction with of the of Fundamental Rights of the European Union, (i) as a result of manifest irregularities in the appointments to judicial positions at the Constitutional Court in December 2015 in flagrant breach of Polish constitutional …

… The authority taking decisions on the selection and career of judges should be of the executive and legislative powers. With a view to guaranteeing its , at least half of the members of the authority should be judges chosen by their peers. . …

… They argued that the Constitutional Court no longer served as an and judicial authority and that the proceedings before it could not be considered an effective remedy for the purposes of 35 of the Convention. They referred to the Court’s case-law, in particular the judgment in Xero Flor w Polsce sp. z o.o. v. Poland (no. 4907/18, 7 May 2021). 45. …

… They complained that 1 § 1 of the Family and Custody Code was incompatible with of the Constitution, in conjunction with 31 § 3 and 32 §§ 1 and 2 and with 30 in so far as “it made it impossible for two persons of the same sex to marry and did not at least provide for any other form of legal recognition of relationships between two persons of the same sex”. …

… They relied on the same grounds, namely that 1 § 1 of the Family and Custody Code was incompatible with of the Constitution, in conjunction with 31 § 3 and 32 §§ 1 and 2 and with 30 in so far as “it [did] not allow for marriage between two persons of the same sex, or at least [did] not provide for any legal form of institutionalisation of unions formed by persons of the same sex”. …

… ; and - ninth plea, in the alternative, breach of the principle of proportionality by imposing the sanction of removal from post in respect of the facts alleged against the appellant. . …

… The first paragraph of 11 of the Staff Regulations provides: ‘An official shall carry out his duties and conduct himself solely with the interests of the Union in mind. He shall neither seek nor take instructions from any government, authority, organisation or person outside his institution. He shall carry out the duties assigned to him objectively, and in keeping with his duty of loyalty to the Union.’ 5. …

… OPINION OF ADVOCATE GENERAL PIKAMÄE delivered on 7 December 2023 (1) Case C-680/22 P DD v European Union Agency for Fundamental Rights (FRA) (Appeal - Civil Service - Disciplinary measures - Removal from post - Opening of an administrative investigation - Prima facie evidence - 86(2) of the Staff Regulations of Officials of the European Union - Objective of the investigator - Concept of ‘plagiarism’ - Action for annulment and damages) I. Introduction 1. …

… Under that provision, the right to sound administration includes, inter alia, the right of every person to have his or her affairs handled , fairly and within a reasonable period of time by the institutions, bodies and agencies of the Union. …

… 13(1) and the third subparagraph of 13(3) of Delegated Regulation No 639/2014 allows Member States to identify criteria other than those defined therein and does not provide for any restrictions as to which criteria may be chosen 46 By its first argument, the Czech Republic submits that the criteria for the interpretation of the (b) condition and the (c) condition are laid down in 13(1) and (3) of Delegated Regulation No 639/2014. In that regard, the Czech Republic submits that …

… the first subparagraph of 13(1) and the first subparagraph of 13(3) of Delegated Regulation No 639/2014 lay down two different criteria for assessing fulfilment of the (b) condition and the (c) condition. …

… 83 of the GDPR for infringement of 5, 13, 24, 32 and 35 of that regulation. …

… JUDGMENT OF THE COURT (Grand Chamber) 5 December 2023 (*) (Reference for a preliminary ruling - Protection of personal data - Regulation (EU) 2016/679 - 4(2) and (7) - Concepts of ‘processing’ and ‘controller’ - Development of a mobile IT application - 26 - Joint control - 83 - Imposition of administrative fines - Conditions - Requirement that the infringement be intentional or negligent - Responsibility and liability of the controller for the processing of personal data carried …

… The imposition of penalties including administrative fines should be subject to appropriate procedural safeguards in accordance with the general principles of Union law and the [ of Fundamental Rights of the European Union], including effective judicial protection and due process.’ 4 According to 4 of that regulation: ‘For the purposes of this Regulation: (1) “personal data” means any information relating to an identified or identifiable natural person (“data subject”); an identifiable …