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… They should therefore also have been acceptable for the assessment of the product scope, the definition of the Union industry and the aspects of the investigation related to that definition, which the Commission failed to do. 20 Consequently, the Commission failed to deal with that evidence in a fair and manner, made manifest errors of assessment and infringed 3 and 4 of the basic regulation and the principle of good administration, as enshrined in 41 of the of …

… Producers in Belarus and Ukraine would not be able to replace Russian imports and meet demand from EU users, which would be detrimental to many users and importers in the European Union. …

… enshrined in Article 41(1) and (2) of the , according to which every person is entitled to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies and offices of the European Union. …

… JUDGMENT OF THE COURT (Grand Chamber) 10 September 2024 (*) Table of contents (Appeal - State aid - Article 107(1) TFEU - Tax rulings issued by a Member State - Selective tax advantages - Allocation of profits generated by intellectual property licences to branches of non-resident companies - Arm’s length principle) In Case C-465/20 P, APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 25 September 2020, European Commission, represented by L. Flynn, P …

… 13 [ECHR] and of the [of Fundamental Rights of the European Union] … (“the ”), [and seeking to establish] non-contractual liability for the violation of … 2, 3, 6, 13 and 14 [ECHR]’. …

… By finding that there was no remedy for KS and KD under EU law, the General Court, first, infringed the guarantees provided for in 2 and 6 TEU and of the . …

… Nor is that intended to change the system of judicial review laid down by the Treaties, and particularly the rules relating to the admissibility of direct actions brought before the Court of Justice of the European Union, as is apparent also from the Explanation on of the , which must - in accordance with the third subparagraph of 6(1) TEU and 52(7) of the - be taken into consideration for the interpretation of that (judgment of 3 October …

… 4 November 1950 (‘the ECHR’) and in 41 of the of Fundamental Rights of the European Union, which require that accusations be notified promptly. 48. …

… Member States shall ensure that, prior to taking a decision pursuant to 10 of this directive, national competition authorities adopt a statement of objections.’ 21. 4 of that directive, entitled ‘’, provides as follows: ‘1. …

… Consequently, in order to ensure equality of arms and that the lapse of time should not be prejudicial to the party accused, it is necessary to observe the principles laid down in 6 ECHR and in 41 of the , which require that accusations be notified promptly. 62. …

… in the effective application of [EU] law, he or she must guarantee his or her and ? …

… The principle of effective protection of rights conferred by EU law is necessarily based on the and of all the authorities of the Member State concerned. …

… Wasmeier, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 22 February 2024, gives the following Judgment 1 This request for a preliminary ruling concerns the interpretation of of the of Fundamental Rights of the European Union (‘the ’), of 2 and the second subparagraph of 19(1) TEU, of Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects …

… However, the General Court treated that extract as evidence. …

… Fourth ground of appeal Arguments of the parties 96 By the fourth ground of appeal, alleging infringement of of the of Fundamental Rights, the Republic of Slovenia complains, in essence, first, that the General Court clarified the general complaints put forward by the applicant at first instance beyond her mere assertions and, second, that it failed to take account of certain information provided by the Commission. …

… classification of the second measure at issue as ‘existing aid’; third, infringement of the obligation to state reasons incumbent on the General Court; and, fourth, infringement of the Commission’s right to an effective remedy and a fair hearing, within the meaning of of the of Fundamental Rights of the European Union. 28 It is appropriate to examine together the first and second grounds of appeal, which concern, in essence, errors of law allegedly committed by the General Court …

… Rights of the European Union (‘the ’) that the right to good administration includes, inter alia, the obligation of the administration to give reasons for its decisions. 64 According to settled case-law, the statement of reasons required under 296 TFEU and 41(2)(c) of the for measures adopted by EU institutions must be appropriate to the measure at issue and must disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted that …

… and third parts of the second plea, alleging breach, respectively, of the duty of diligence and the obligation of . 1. …

… 1 and 10(3) TEU and 15(1) and 298(1) TFEU, which guarantees, inter alia, that the administration enjoys greater legitimacy and is more effective and more accountable to the citizen in a democratic system. …

… national judges and effective judicial protection in the fields covered by EU law, within the meaning of the second subparagraph of 19(1) TEU and of the of Fundamental Rights of the European Union. 16 The role of the Judges of the General Court is precisely to ensure such effective judicial protection. …

… Provisional text JUDGMENT OF THE COURT (Grand Chamber) 29 July 2024 (*) (Reference for a preliminary ruling - Third subparagraph of 19(2) TEU - Second paragraph of 254 TFEU - Appointment of Judges of the General Court of the European Union - beyond doubt - Ability required for appointment to high judicial office - National procedure for proposing a candidate for the office of Judge of the General Court of the European Union - Group of experts responsible for …

… 19(2) TEU and the second paragraph of 254 TFEU, in particular concerning the impact of those provisions on the national procedures for proposing candidates for the office of Judge of the General Court. 15 That court submits that the case-law of the Court of Justice, resulting in particular from the judgment of 27 February 2018, Associação Sindical dos Juízes Portugueses (C-64/16, EU:C:2018:117), recognised that there is a link between the requirements of and of …

… of the , is the right of every person to be heard by an and tribunal previously established by law. …

… established by law, enshrined in the second paragraph of of the . …

… Vondung, acting as Agents, after hearing the Opinion of the Advocate General at the sitting on 11 July 2024, gives the following Judgment 1 The request for a preliminary ruling concerns the interpretation of 4(3) and 17(1) TEU, 4 and the second paragraph of of the of Fundamental Rights of the European Union (‘the ’), and 1(2) and (3) and 15 to 19 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant …

… Consequently, and in accordance with the second subparagraph of 3(5) of the DMA, it rejected those arguments without opening a market investigation pursuant to 17(3) of the DMA. 11 1 and 2 of the operative part of the contested decision are worded as follows: ‘ 1 ByteDance is designated as a gatekeeper pursuant to 3 of [the DMA]. …

… of point 2(c) of 2 of the DMA. 9 Secondly, the Commission noted that ByteDance met the thresholds laid down in 3(2) of the DMA, so far as concerns TikTok, so that it could be presumed that the requirements of 3(1) of the DMA, relating to the designation of a gatekeeper, were met. 10 Thirdly, the Commission considered that the arguments presented by the applicant, in accordance with the first subparagraph of 3(5) of the DMA, to rebut the presumptions laid down in …

… such a position in the near future, within the meaning of 3(1)(c) of the DMA. …