(AGENPARL) - Roma, 23 Ottobre 2025 - (AGENPARL) – Thu 23 October 2025 Newsletter
Weeks XLIV – XLV: 27th October – 07th November 2025
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Week XLIV: 27th to 31st October
Wednesday 29th October
General Court
Judgment in Case T-590/23 De Capitani v Council
(Principles of Union law – Access to documents)
The applicant, Mr Emilio De Capitani, seeks the annulment, first, of Decision SGS
23/002579 of the Council of the European Union of 14 July 2023, in so far as it refused
him access, on the basis of the exception relating to the protection of the decisionmaking process, to two working documents drawn up by the General Secretariat of
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the Council in the context of two legislative procedures in progress at the time of the
request for access, which were part of the pact on migration and asylum.
Secondly, Mr De Capitani asks for the annulment of the Council’s ‘continuing implicit or
explicit decision’ not to publish directly in the register it keeps of legislative documents
to which access has been granted following a request under Regulation (EC) No
1049/2001 regarding public access to European Parliament, Council and Commission
documents.
Background Documents T-590/23
While the judgment will be uploaded on the CVRIA website following delivery,
you may request to receive a copy directly that will be sent once the judgment is
delivered.
Wednesday 29th October
All times are 9:30
(CET) unless
otherwise stated.
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General Court
Judgment in Case T-375/24 European Lotto and Betting v EUIPO – Multi-State
Lottery Association (Powerball)
on our website
Communications Directorate
Press and Information Unit
curia.europa.eu
Newsletter
Weeks XLIV – XLV: 27th October – 07th November 2025
for details of
(Intellectual, industrial and commercial property – Trade marks)
other cases.
European Lotto and Betting ltd., requests the partial annulment of the Decision of the
First Board of Appeal of EUIPO of May 23, 2024 in Case R 1915/2022-1.
The trade mark at issue: European Union word mark Powerball – European Union
Multi-State Lottery Association, the intervener in this case, filed an application with
EUIPO for a declaration of invalidity of the European Union trade mark registered
following an application filed by Mr Tobias Roth on May 7, 2014 for the word sign
Powerball. That trade mark was subsequently transferred to one of the subsidiaries of
the Lottoland group, Cavour Limited, and then to European Lotto and Betting ltd.,
another subsidiary of that group.
The services covered by the contested mark for which invalidity was sought fell within
classes 35 (Business analysis, research and information services), 41 (Education,
leisure and sports) and 42 (Design services; information technology services) within
the meaning of the Nice Agreement concerning the International Classification of
Goods and Services for the Purposes of the Registration of Marks.
Background Documents T-375/24
While the judgment will be uploaded on the CVRIA website following delivery,
you may request to receive a copy directly that will be sent once the judgment is
delivered.
Thursday 30th October
Opinion in Case C-198/24 Mr Green
(Judicial cooperation – Freedom to provide services – Gaming)
This case concerns a request for a preliminary ruling from the Landesgericht für
Zivilrechtssachen Wien (Austria) on the interpretation of the European Account
Preservation Order — EAPO Regulation.
In the main proceedings, an Austrian resident (TQ) brought an action against Mr Green
Limited, a company licensed in Malta to operate online gambling services, but lacking
a licence under Austria’s Glücksspielgesetz (Gambling Act). Between January 3, 2017
and April 25, 2019, the claimant incurred losses amounting to € 62,878 in gambling.
By judgment of the Vienna Regional Court of December 2, 2021 and by a final decision
on appeal of February 21, 2022, the claimant was awarded that amount plus costs.
The judgment has been final and enforceable since at least April 13, 2022.
Newsletter
Weeks XLIV – XLV: 27th October – 07th November 2025
The debtor, Mr Green Limited, had engaged an Austrian payment-service provider
(Dimoco Europe GmbH) which it terminated in early 2021, limiting access by creditors
to its assets.
On February 13, 2024 the claimant applied for an EAPO in respect of a Maltese
account and further accounts in Sweden, Luxembourg and Ireland, alleging a risk of
asset dissipation as enforcement was obstructed by the debtor’s reorganised payment
channels and by legislative developments in Malta (notably the amendment to the
Maltese Gaming Act, Act No XXI of 2023, introducing Article 56A which provides for
refusal of recognition/enforcement of foreign judgments against Malta-licensed
gaming operators on public-policy grounds).
The Austrian court of first instance rejected the EAPO application on the basis that the
judgment was over three years old and urgency could not be inferred from the facts.
The appeal against that refusal led to the referral to the CJEU.
The referring court asks the CJEU to interpret whether Article 7(1) of the EAPO
Regulation must be read as meaning that conduct by the debtor which predates the
application by three or more years and/or the existence of obstacles to enforcement
of the judgment in the debtor’s Member State may not be taken into account when
assessing the existence of a “risk of dissipation” of assets justifying the issuing court’s
accounting-order.
Background Documents C-198/24
There will be an Info Rapide for this case.
Week XLV: 03rd to 07th November
The Court is in All Saints recess from Monday 3rd to Sunday 9th
November.
HEARINGS OF NOTE*
Court of Justice
Tuesday 28th October 2025: 09:00 – Case C-802/24 Reibel (Common foreign and security
policy) (streamed on Curia)
General Court
Tuesday 28th October 2025: 09:30 – Case T-601/24 Ignatova v Council (Restrictive
Newsletter
Weeks XLIV – XLV: 27th October – 07th November 2025
measures – Ukraine)
Tuesday 28th October 2025: 15:00 – Case T-689/24 Dyrektor Krajowej Informacji
Skarbowej (Taxation)
* This is a non-exhaustive list and does not include all the hearings over the next two
weeks.