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… The applicant is not denied access to justice since an action for non-contractual liability under 268 and the second paragraph of 340 TFEU is available if the conduct of the Parliament in question is of such a nature as to entail liability on the part of the European Union (see, to that effect, judgment of 12 September 2006, Reynolds Tobacco and Others v Commission, C-131/03 P, EU:C:2006:541, paragraph 82). 26 On that point, in so far as the purpose of the claim for annulment is indissociable …

… taken by the EESC to implement the observations in the resolution relating to the financial year 2018 were, in essence, insufficient, the processing of the applicant’s personal data appeared to be necessary for the performance of the task of monitoring the implementation of the budget of the EESC for the financial year 2019. 46 Secondly, the gravity of the financial consequences resulting from the failures found by the Parliament also made it possible to establish the need for such processing. …

… The fourth complaint, alleging infringement of the right to good administration and of the principle of proportionality 87 The applicant complains that the Parliament failed in its duty of and infringed the principle of proportionality by identifying a natural person in a document addressed to the EESC concerning the management of the budget. 88 The Parliament disputes that argument. 89 As regards the right to good administration, provided for in Article 41 of the Charter, it should …

… national authorities or on material relied on by the Council. …

… 4 and 51 of the and directed solely against the 2014 measures, will be dealt with together with the plea alleging infringement of 1(6) of Common Position 2001/931 (see paragraphs 166 and 175 below). …

… infringement of 4 and 51 of the of Fundamental Rights of the European Union (‘the ’) in so far as the 2014 measures and the 2015 to 2017 measures are based, in part, on information obtained through torture or ill-treatment, fifth, that there was no review consistent with the requirements of 1(6) of Common Position 2001/931, sixth, infringement of the principles of proportionality and subsidiarity, seventh, failure to fulfil the obligation to state reasons, and, eighth …

… paragraph of 296 TFEU and, (v) infringement of the right to an effective remedy laid down in of the of Fundamental Rights of the European Union. 48 The first of those five grounds of appeal is divided into four separate complaints concerning, respectively, the interpretation and application in the present case of the conditions for the existence of an advantage, the selective nature of that advantage, the existence of State resources, and a distortion of competition, which …

… The appeals In support of its appeal, Volotea relies on five grounds of appeal alleging, in essence, (i) errors of law in the interpretation and application in the present case of 107(1) TFEU, (ii) errors of law in the interpretation and application of 107(3) TFEU, (iii) an error of law in the application of the principle of the protection of legitimate expectations, (iv) an error of law in the assessment of compliance with the obligation to state reasons laid down in the second …

… The decision at issue 26 On 30 November 2011, the Italian Republic notified Law No 10/2010 to the European Commission, in accordance with 108(3) TFEU. 27 By letter of 23 January 2013, the Commission informed the Italian Republic of its decision to initiate the formal investigation procedure provided for in 108(2) TFEU concerning the scheme established by Law No 10/2010. …

… Zaloguin, acting as Agents, having decided, after hearing the Advocate General, to give a decision by reasoned order, pursuant to 53(2) and 99 of the Rules of Procedure of the Court of Justice, makes the following Order 1 This request for a preliminary ruling concerns the interpretation of 2 TEU, read in conjunction with 19(1) TEU and the first and second paragraphs of of the of Fundamental Rights of the European Union (‘the ’), of …

… first and second paragraphs of of the , 4(2)(a) and 26, 27, 114 and 115 TFEU, and the principle of legal certainty, preclude a retroactive amendment of the conditions for effecting such a set-off transaction. 16 Under the Court’s settled case-law, in the context of the cooperation between the Court and the national courts provided for in 267 TFEU, it is solely for the national court before which the dispute has been brought, and which must assume responsibility …

… The fifth question 35 As regards the fifth question, relating to the interpretation of 2 TEU, read in conjunction with 19(1) TEU and the first and second paragraphs of of the , the order for reference states in particular that the retroactive amendment resulting from the transitional and final provisions of the ZIDZBN would prejudge the outcome of several pending disputes, which would, inter alia, undermine the constitutional principle of the separation of powers …

… The applicant submits that all ECIs should have the same opportunity to be brought to the attention of the Commission, since the objective of 9 TEU is to ensure a level playing field for all ECIs. …

… Coulon, having regard to the written part of the procedure, having regard to the fact that no request for a hearing was submitted by the parties within three weeks after service of notification of the close of the written part of the procedure, and having decided to rule on the action without an oral part of the procedure, pursuant to 106(3) of the Rules of Procedure of the General Court, gives the following Judgment 1 By its action under 263 TFEU, the applicant, Citizens’ Committee …

… In 1(1) of that decision, the Commission declared the proposed ECI registered and, in 1(2), it listed the nine proposals in respect of which statements of support could be collected, namely: - a recommendation of the Council of the European Union ‘on the protection and promotion of cultural and linguistic diversity in the Union’ (proposal 1); - a decision or a regulation of the European Parliament and of the Council to adapt ‘funding programmes so that they become accessible for small …

… of the competition authorities of the Members State that made it impossible for the Advisory Committee to give an opinion , it must be observed that, under 41 of the of Fundamental Rights of the European Union (‘the ’), every person has the right, inter alia, to have his or her affairs treated by the institutions of the European Union. 60 The requirement of provided for in 41 of the encompasses, on the one hand, subjective …

… In the determination of his civil rights and obligations and of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal established by law, in accordance with of the and Article 6 ECHR (see, to that effect, judgments of 16 July 2009, Der Grüne Punkt - Duales System Deutschland v Commission, C-385/07 P, EU:C:2009:456, paragraphs 177 to 179, and of 5 June 2012, Imperial Chemical Industries …

… proceedings. 172 In the present case, neither 6 ECHR nor of the can in any event affect the proper resolution of the dispute as far as concerns the plea in law examined here, since, contrary to the applicants’ claim, the Commission did in fact, as is clear from the contested decision, carry out the determination at issue in the arguments developed by them. 173 The complaint must therefore be rejected. …

… , C-385/07 P, EU:C:2009:456, paragraph 191). 213 In the determination of their civil rights and obligations or of any criminal charge against them, everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal established by law in accordance with of the and Article 6 of the ECHR (see, to that effect, judgments of 16 July 2009, Der Grüne Punkt - Duales System Deutschland v Commission, C-385/07 P, EU:C:2009:456, paragraphs 177 …

… First complaint, alleging error of law 156 The applicant submits that the Commission infringed 41 of the by refusing to assess, before adopting the contested decision, whether its adoption was compatible with the reasonable time principle. 157 In that regard, it should be noted that, as the applicant points out, the Commission is required to observe the reasonable time principle laid down in 41 of the (see, to that effect, judgments of 15 October 2002, Limburgse Vinyl …

… The Commission’s first decision (2002) 2 From October to December 2000, the Commission of the European Communities carried out a number of checks pursuant to CS at the premises of certain Italian undertakings engaged in the manufacture of concrete reinforcing bars, including the applicant, and at the premises of an association of undertakings, the Federazione Imprese Siderurgiche Italiane (Federation of Italian Steel Undertakings; ‘Federacciai’). …

… in of the , are respected. …

… of the enshrines the entitlement of everyone to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …

… 2 and 19(1) TEU, 325(1) TFEU, of the and 4 of Directive 2017/1371. …

… 15 of Directive 2002/58 and 7, 8, 11, and 52 of the . 25. …

… , must be interpreted as precluding the prior review of access from being performed in an adapted fashion, for example as an automated review, where applicable under the supervision of a department within the body which offers guarantees of and in relation to the officials who have the task of collecting the data. 107. …

… The retention and analysis of those IP addresses therefore constitute a serious interference with the fundamental rights enshrined in 7 and 8 of the and may have a deterrent effect on the exercise of freedom of expression guaranteed in 11 of the . (31) 65. …

… Accordingly, the information provided by the Scientific Advisory Board was not objective and that board did not act . 70 The Commission disputes those arguments. 71 It must be recalled that the right to be heard in all proceedings is affirmed not only in and 48 of the , which ensure observance of both the rights of the defence and the right to fair legal process in all judicial proceedings, but also in 41 of the , which guarantees the right to good administration …

… 41(2) of the provides that the right to good administration includes, inter alia, the right of every person to be heard before any individual measure which would affect him or her adversely is taken (see judgment of 22 May 2019, Ertico - ITS Europe v Commission, T-604/15, EU:T:2019:348, paragraph and the case-law cited). 72 According to settled case-law, observance of the rights of the defence is, in all proceedings initiated against a person which are liable to culminate in an …

… In that regard, it was agreed that the checks and controls would not be carried out by the members of the Commission’s staff who were responsible for the project’s grant and its implementation. 56 The Commission disputes those arguments. 57 Under 41(2)(c) of the of Fundamental Rights of the European Union (‘the ’), the administration has an obligation to give reasons for its decisions. …