search

… Therefore, TSOs, whether natural or legal persons, have legal personality and, thus, the legal capacity to perform, with regard to their powers and rights, the tasks entrusted to them in full , in accordance with the provisions of of Directive 2019/944. 85 In those circumstances, to the extent that, under the first option, provided for in 20(2) of Regulation 2017/2195, the platform is operated by TSOs and, therefore, by legal persons with legal capacity, the same should …

… of Fundamental Rights of the European Union (‘the Charter’), it must be noted that they allege, more specifically, that the Board of Appeal violated its obligation to deal with cases brought before it , and diligently, their right to be heard, their right of access to the file and the obligation to state reasons. …

… Forms of order sought by the parties 19 The applicants claim that the Court should: - annul the contested decision, in so far as it is affects them; - annul 1 of Decision No 03/2020, 3(3) and (5)(b), 4(6), 6, 11(1)(c) and 12(2)(c) of the mFRRIF at issue; - order ACER to pay the costs. 20 ACER contends, in essence, that the Court should: - dismiss the action; - order the applicants to pay the costs. …

… Therefore, TSOs, whether natural or legal persons, have legal personality and, thus, the legal capacity to perform, with regard to their powers and rights, the tasks entrusted to them in full , in accordance with the provisions of of Directive 2019/944. 85 In those circumstances, to the extent that, under the first option, provided for in 21(2) of Regulation 2017/2195, the platform is operated by TSOs and, therefore, by legal persons with legal capacity, the same should …

… of Fundamental Rights of the European Union (‘the Charter’), it must be noted that they allege, more specifically, that the Board of Appeal violated its obligation to deal with cases brought before it , and diligently, their right to be heard, their right of access to the file and the obligation to state reasons. …

… Forms of order sought by the parties 19 The applicants claim that the Court should: - annul the contested decision, in so far as it is affects them; - annul 1 of Decision No 02/2020, 3(3) and (4)(b), 4(6), 6, 11(1)(c) and 12 of the aFRRIF at issue; - order ACER to pay the costs. 20 ACER contends, in essence, that the Court should: - dismiss the action; - order the applicants to pay the costs. …

… 41(1) of the provides that ‘every person has the right to have his or her affairs handled , fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union’. …

… 10(1) of the Energy Treaty, signed in Lisbon on 17 December 1994 (OJ 1994 L 380, p. 24), and clarify the issue of the inapplicability of 26 of that in intra-EU relations. …

… 5(8), third, infringement of 10(1) of the Energy Treaty, fourth, infringement of the right to good administration laid down in 41 of the of Fundamental Rights of the European Union (‘the ’), fifth, infringement of the principle of equal treatment, sixth, infringement of the principle of proportionality and, seventh, infringement of the principles of legal certainty and the protection of legitimate expectations. 10 The Court considers it appropriate to examine …

… The claim for annulment 31 In support of the action, the applicant raises four pleas in law, alleging, first, infringement of the right to be heard, second, infringement of the right to have her affairs treated and fairly, of 24 of the Staff Regulations and of the duty of care, third, infringement of the obligation to state reasons and, fourth, errors of assessment and infringement of Articles 12a and 24 of the Staff Regulations. 32 In the context of the first plea, the applicant …

… APA Special Advisory Committee’) of her intention to file a complaint of psychological harassment against the MEP. 4 By email of 27 June 2017, the applicant submitted a request for assistance to the AECE pursuant to 24 of the Staff Regulations of Officials of the European Union (‘the Staff Regulations’), which applies by analogy to APAs by virtue of 127 of the CEOS (‘the request for assistance’). …

… 53 of that Statute, and under 76(d) of the Rules of Procedure, the application must, in particular, contain the subject matter of the dispute and a brief statement of those grounds. …

… of the . …

… of the of Fundamental Rights of the European Union (‘the ’), refuse to execute a European arrest warrant cannot succeed, in so far as the issuing judicial authority must, in order to comply with the principles of mutual trust and sincere cooperation, refrain from issuing or maintaining a European arrest warrant the execution of which should be refused, in particular in order to avoid an infringement of the second paragraph of of the (see, by analogy, judgment …

… 252 TFEU, the Advocate General, acting with complete and , is to make, in open court, reasoned submissions on cases which, in accordance with the Statute of the Court of Justice of the European Union, require the Advocate General’s involvement. …

… Rules that define the conduct which constitutes a disciplinary offence and the penalties applicable thereto; provide for the involvement of an body in accordance with a procedure that fully safeguards the rights enshrined in and 48 of the of Fundamental Rights of the European Union, in particular those of the defence; and which lay down the possibility to challenge disciplinary bodies’ decisions are an essential safeguard of judicial . (31) 39. …

… By virtue of 71(2) of Law 317/2004: ‘The provisions on penalties, disciplinary offences and disciplinary proceedings shall apply mutatis mutandis to the Judicial Inspectors’ 14. According to 72 of Law 317/2004: ‘(1) Judicial Inspectors shall perform their work and . …’ 15. …

… (Request for a preliminary ruling from the Curtea de Apel Bucureşti (Court of Appeal, Bucharest, Romania)) (Reference for a preliminary ruling - Rule of law - 2 TEU - 19(1) TEU - Decision 2006/928/EC - Effective judicial protection - Judicial - Disciplinary investigation and proceedings - Inspecţia Judiciară (Judicial Inspectorate) - Powers of a Chief Inspector - Treatment of disciplinary proceedings against a Chief Inspector - Role of a Deputy Chief Inspector) I. …

… That conclusion cannot be called into question in the light of and 48(2) of the . …

… Of relevance to the present case are 82(2) TFEU, 3 and 4 and 8(2) of Directive 2012/13/EU, (4) and and 48(2) of the of Fundamental Rights of the European Union (‘the ’). French law 4. …

… 52(1) of the , on the right to an effective remedy and to a fair trial or on the rights of the defence, guaranteed, respectively, by and 48(2) of the . (48) 67. …

… That principle has been enshrined in 41(1) of the of Fundamental Rights of the European Union (‘the ’), which states that every person has the right to have his or her affairs handled , fairly and within a reasonable time by the institutions, bodies and agencies of the European Union. 191 The reasonableness of such a period must be appraised in the light of the circumstances specific to each case and, in particular, the importance of the case for the person concerned …

… Unlimited jurisdiction does not therefore require the General Court to undertake of its own motion a new and comprehensive investigation of the case, of the claims put forward by the applicant (judgment of 26 January 2017, Duravit and Others v Commission, C-609/13 P, EU:C:2017:46, paragraphs 33 and 36). 267 However, in order to fulfil the requirements of Article of the Charter when conducting a review in the exercise of its unlimited jurisdiction with regard to the fine, the EU judicature …

… Those rights are referred to in Article 41(2)(a) and (b) of the (see judgment of 25 October 2011, Solvay v Commission, C-110/10 P, EU:C:2011:687, paragraph 48 and the case-law cited). …

… UN Expert on sexual orientation and gender identity 122. …

… European Union EU of Fundamental Rights 110. The relevant provisions of the EU of Fundamental Rights read as follows: 11 Freedom of expression and information “1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers ...” 21 Non-discrimination “1. …

… EU of Fundamental Rights 2. Infringement procedure before the Court of Justice of the European Union 3. Resolutions of the European Parliament 4. Surveys by the EU Fundamental Rights Agency and the Eurobarometer C. United Nations 1. International Covenant on Civil and Political Rights (ICCPR) 2. Convention on the Rights of the Child 3. UN Human Rights Committee 4. UN Expert on sexual orientation and gender identity III. COMPARATIVE LAW AND PRACTICE A. …

… In accordance with 11(1), Member States must ensure, subject to certain conditions, that there is access to a review procedure before a court of law or another and body established by law to challenge the substantive or procedural legality of decisions, acts or omissions subject to the public participation provisions of that directive. …

… (2) If the answer to the first question is “Yes”, whether 4(2), (3), (4) and/or (5) and/or Annex III [to] the EIA Directive … and/or the directive read in the light of the principle of legal certainty and good administration under 41 of the of Fundamental Rights of the European Union have the consequence that, where a competent authority decides not to subject a proposal for development consent to the process of environmental impact assessment, there should be an express, …

… discrete and/or specific statement as to what documents exactly set out the reasons of the competent authority. (3) If the answer to the first question is “Yes”, whether 4(2), (3), (4) and/or (5) and/or Annex III [to] the EIA Directive … and/or the directive read in the light of the principle of legal certainty and good administration under 41 of the of Fundamental Rights of the European Union have the consequence that, where a competent authority decides not to subject a …