# Official Journal C 82/4 Ma

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 82 |
| | |
| English edition | Information and Notices | Volume 624 March 2019 |

ISSN 1977-091X

Official Journal

of the European Union

C 82

English edition

Information and Notices

Volume 624 March 2019

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| Contents | page |
| --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Court of Justice of the European Union |
| 2019/C 82/01 | Last publications of the Court of Justice of the European Union in the Official Journal of the European Union | 1 |

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Court of Justice of the European Union

2019/C 82/01

Last publications of the Court of Justice of the European Union in the Official Journal of the European Union

Official Journal of the European Union

1

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| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | Court of Justice |
| 2019/C 82/02 | Case C-415/18 P: Appeal brought on 22 June 2018 by CBA Spielapparate- und Restaurantbetriebs GmbH against the order of the General Court (Third Chamber) made on 19 April 2018 in Case T-606/17, CBA Spielapparate- und Restaurantbetriebs GmbH v European Commission | 2 |
| 2019/C 82/03 | Case C-682/18: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 6 November 2018 — LF v Google LLC, YouTube Inc., YouTube LLC, Google Germany GmbH | 2 |
| 2019/C 82/04 | Case C-683/18: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 6 November 2018 — Elsevier Inc. v Cyando AG | 4 |
| 2019/C 82/05 | Case C-693/18: Request for a preliminary ruling from the Juge d’instruction du tribunal de grande instance de Paris (France) lodged on 29 October 2018 — Procureur de la République v X | 5 |
| 2019/C 82/06 | Case C-702/18 P: Appeal brought on 9 November 2018 by Przedsiębiorstwo Produkcyjno-Handlowe ‘Primart’ Marek Łukasiewicz against the judgment of the General Court (Third Chamber) delivered on 12 September 2018 in Case T-584/17: Primart v EUIPO | 6 |
| 2019/C 82/07 | Case C-714/18 P: Appeal brought on 14 November 2018 by ACTC GmbH against the judgment of the General Court (Ninth Chamber) delivered on 13 September 2018 in Case T-94/17: ACTC v EUIPO | 8 |
| 2019/C 82/08 | Case C-715/18: Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 15 November 2018 — Segler-Vereinigung Cuxhaven e.V. v Finanzamt Cuxhaven | 9 |
| 2019/C 82/09 | Case C-751/18: Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD) (Portugal) lodged on 3 December 2018 — Totalmédia — Marketing Directo e Publicidade S.A. v Autoridade Tributária e Aduaneira | 10 |
| 2019/C 82/10 | Case C-761/18 P: Appeal brought on 3 December 2018 by Päivi Leino-Sandberg against the order of the General Court (Seventh Chamber) delivered on 20 September 2018 in Case T-421/17: Leino-Sandberg v Parliament | 10 |
| 2019/C 82/11 | Case C-766/18 P: Appeal brought on 5 December 2018 by the Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi against the judgment of the General Court (Second Chamber) delivered on 25 September 2018 in Case T-328/17: Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO | 11 |
| 2019/C 82/12 | Case C-767/18 P: Appeal brought on 5 December 2018 by the Republic of Cyprus against the judgment of the General Court (Second Chamber) delivered on 25 September 2018 in Case T-384/17: Cyprus v EUIPO | 12 |
| 2019/C 82/13 | Case C-776/18: Request for a preliminary ruling from the Amtsgericht Erding (Germany) lodged on 10 December 2018 — U.B. and T.V. v Eurowings GmbH | 13 |
| 2019/C 82/14 | Case C-801/18: Request for a preliminary ruling from the Conseil supérieur de la Sécurité sociale (Luxembourg) lodged on 19 December 2018 — EU v Caisse pour l’avenir des enfants | 14 |
| 2019/C 82/15 | Case C-802/18: Request for a preliminary ruling from the Conseil supérieur de la Sécurité sociale (Luxembourg) lodged on 19 December 2018 — Caisse pour l’avenir des enfants v FV, GW | 15 |
| 2019/C 82/16 | Case C-803/18: Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas (Lithuania) lodged on 20 December 2018 — AAS BALTA v UAB GRIFS AG | 15 |
| 2019/C 82/17 | Case C-810/18: Request for a preliminary ruling from the Krajský súd v Trnave (Slovakia) lodged on 21 December 2018 — DHL Logistics (Slovakia), spol. s r.o. v Finančné riaditeľstvo Slovenskej republiky | 16 |
| 2019/C 82/18 | Case C-817/18 P: Appeal brought on 21 December 2018 by Vereniging tot Behoud van Natuurmonumenten in Nederland and Others against the judgment of the General Court (Second Chamber) of 15 October 2018 in Case T-79/16, Vereniging Gelijkberechtiging Grondbezitters and Others v Commission | 17 |
| 2019/C 82/19 | Case C-828/18: Request for a preliminary ruling from the tribunal de commerce de Paris (France) lodged on 24 December 2018 — Trendsetteuse SARL v DCA SARL | 18 |
| 2019/C 82/20 | Case C-829/18: Request for a preliminary ruling from the Tribunal de grande instance de Paris (France) lodged on 27 December 2018 — Crédit Logement SA v OE | 18 |
| 2019/C 82/21 | Case C-833/18: Request for a preliminary ruling from the tribunal de l’entreprise de Liège (Belgium) lodged on 31 December 2018 — SI, Brompton Bicycle Ltd v Chedech / Get2Get | 19 |
| 2019/C 82/22 | Case C-12/19 P: Appeal brought on 7 January 2019 by Mylène Troszczynski against the judgment of the General Court (Sixth Chamber) delivered on 8 November 2018 in Case T-550/17, Troszczynski v Parliament | 20 |
| 2019/C 82/23 | Case C-38/19 P: Appeal brought on 21 January 2019 by Marion Le Pen against the judgment of the General Court (Sixth Chamber) of 28 November 2018 in Case T-161/17, Le Pen v Parliament | 21 |
| | General Court |
| 2019/C 82/24 | Case T-167/13: Judgment of the General Court of 13 December 2018 — Comune di Milano v Commission (State aid — Ground-handling services — Capital injections provided by SEA in favour of SEA Handling — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Concept of aid — Imputability to the State — Private investor test — Principle of the right to be heard — Rights of the defence — Right to good administration — Legitimate expectations) | 23 |
| 2019/C 82/25 | Case T-498/14: Judgment of the General Court of 12 December 2018 — Deutsche Umwelthilfe v Commission (Access to documents — Documents related to correspondence between the European Commission and car manufacturers concerning refrigerant R1234yf used in motor vehicles — Documents not included — New plea put forward in the course of the proceedings — Inadmissibility — Measure of inquiry ordering the production of the contested documents in accordance with Article 104 of the Rules of Procedure — Derogation to the principle of adversarial proceedings — Regulation (EC) No 1049/2001 — Exception relating to the protection of commercial interests — Public interest in disclosure — Balance — Regulation (EC) No 1367/2006 — Article 6(1) — Overriding public interest justifying disclosure of the environmental information or relating to emissions into the environment — General proposition — Partial refusal to grant access — No need to adjudicate) | 23 |
| 2019/C 82/26 | Case T-677/14: Judgment of the General Court of 12 December 2018 — Biogaran v Commission (Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Articles 101 TFEU and 102 TFEU — Agreements intended to delay, or even prevent, the market entry of generic versions of perindopril — Participation of a subsidiary in the infringement committed by its parent company — Imputation of the infringement — Joint and several liability — Ceiling of the fine) | 24 |
| 2019/C 82/27 | Case T-679/14: Judgment of the General Court of 12 December 2018 — Teva UK and Others v Commission (Competition — Agreements, decisions and concerted practices — Perindopril market, medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Principle of impartiality — Consultation of the Advisory Committee on Restrictive Practices and Dominant Positions — Patent dispute settlement and exclusive purchasing agreement — Potential competition — Restriction of competition by object — Balance between competition law and patent law — Conditions for exemption under Article 101(3) TFEU — Fines) | 25 |
| 2019/C 82/28 | Case T-680/14: Judgment of the General Court of 12 December 2018 — Lupin v Commission (Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Technology acquisition agreement — Restriction of competition by object — Balance between competition law and patent law — Fines) | 26 |
| 2019/C 82/29 | Case T-682/14: Judgment of the General Court of 12 December 2018 — Mylan Laboratories and Mylan v Commission (Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Potential competition — Restriction of competition by object — Balance between competition law and patent law — Imputation of the unlawful conduct — Fines) | 26 |
| 2019/C 82/30 | Case T-684/14: Judgment of the General Court of 12 December 2018 — Krka v Commission (Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Licensing agreement — Technology acquisition agreement — Restriction of competition by object — Restriction of competition by effect — Balance between competition law and patent law) | 27 |
| 2019/C 82/31 | Case T-691/14: Judgment of the General Court of 12 December 2018 — Servier and Others v Commission (Competition — Agreements, decisions and concerted practices — Abuse of a dominant position — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Articles 101 and 102 TFEU — Principle of impartiality — Consultation of the Advisory Committee on Restrictive Practices and Dominant Positions — Right to an effective remedy — Shortness of the period for lodging an action in view of the length of the contested decision — Patent dispute settlement agreements — Licence agreements — Technology acquisition agreements — Exclusive purchasing agreement — Potential competition — Restriction of competition by object — Restriction of competition by effect — Balance between competition law and patent law — Classification as separate infringements or as a single infringement — Definition of the relevant market at the level of the molecule of the medicinal product concerned — Fines — Cumulation of fines imposed under Articles 101 and 102 TFEU — Principle that offences and penalties must have a proper legal basis — Value of sales — Methods of calculation in the event of overlapping infringements on the same markets) | 28 |
| 2019/C 82/32 | Case T-701/14: Judgment of the General Court of 12 December 2018 — Niche Generics v Commission (Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Administrative procedure — Legal professional privilege protecting communications between lawyers and their clients — Potential competition — Restriction of competition by object — Objective necessity of the restriction — Balance between competition law and patent law — Conditions for exemption under Article 101(3) TFEU — Fines — 10 % cap — Imputation of the unlawful conduct) | 29 |
| 2019/C 82/33 | Case T-705/14: Judgment of the General Court of 12 December 2018 — Unichem Laboratories v Commission (Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Commission’s territorial jurisdiction — Imputation of the unlawful conduct — Administrative procedure — Legal professional privilege protecting communications between lawyers and their clients — Potential competition — Restriction of competition by object — Objective necessity of the restriction — Balance between competition law and patent law — Conditions for exemption under Article 101(3) TFEU — Fines) | 30 |
| 2019/C 82/34 | Case T-827/14: Judgment of the General Court of 13 December 2018 — Deutsche Telekom v Commission (Competition — Abuse of a dominant position — Slovak market for broadband telecommunications services — Access by third-party undertakings to the ‘local loop’ of the incumbent operator on that market — Decision finding an infringement of Article 102 TFEU and of Article 54 of the EEA Agreement — Single and continuous infringement — Definition of ‘abuse’ — Refusal to grant access — Margin squeeze — Calculation of margin squeeze — Equally efficient competitor test — Rights of defence — Imputation to a parent company of an infringement committed by its subsidiary — Decisive influence of the parent company over the subsidiary’s commercial policy — Actual exercise of such influence — Burden of proof — Calculation of the amount of the fine — 2006 Guidelines on the method of setting fines — Separate fine imposed solely on the parent company for repeated infringement and application of a multiplier for the purpose of deterrence) | 30 |
| 2019/C 82/35 | Case T-851/14: Judgment of the General Court of 13 December 2018 — Slovak Telekom v Commission (Competition — Abuse of dominant position — Slovakian market for broadband telecommunications services — Access by third-party undertakings to the ‘local loop’ of the incumbent operator on that market — Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement — Single and continuous infringement — Definition of ‘abuse’ — Refusal to grant access — Margin squeeze — Calculation of margin squeeze — Equally efficient competitor test — Rights of defence — Imputation of an infringement committed by a subsidiary to its parent company — Decisive influence of the parent company over the subsidiary’s commercial policy — Actual exercise of such influence — Burden of proof — Calculation of the fine — 2006 Guidelines on the method of setting fines) | 32 |
| 2019/C 82/36 | Case T-111/15: Judgment of the General Court of 13 December 2018 — Ryanair and Airport Marketing Services v Commission (State aid — Agreements between the Syndicat mixte des aéroports de Charente and Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Notion of State aid — Imputability to the State — Chamber of Commerce and Industry — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights — Right of access to the file — Right to be heard) | 33 |
| 2019/C 82/37 | Case T-165/15: Judgment of the General Court of 13 December 2018 — Ryanair and Airport Marketing Services v Commission (State aid — Agreements between the Chamber of Commerce and Industry of Pau-Béarn and Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Notion of State aid — Imputability to the State — Chamber of Commerce and Industry — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights — Right of access to the file — Right to be heard) | 34 |
| 2019/C 82/38 | Case T-284/15: Judgment of the General Court of 13 December 2018 — AlzChem v Commission (State aid — Chemical industry — Decision to continue the operation of an undertaking during insolvency proceedings — Decision finding no State aid — Action for annulment — Individual concern — Admissibility — Concept of State aid — Advantage — Private creditor test — Whether attributable to the State — Duty to state reasons) | 34 |
| 2019/C 82/39 | Case T-558/15: Judgment of the General Court of 13 December 2018 — Iran Insurance v Council (Non-contractual liability — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds — Inclusion and maintenance of the applicant’s name on the lists of persons and entities subject to restrictive measures — Material damage — Non-material damage) | 35 |
| 2019/C 82/40 | Case T-559/15: Judgment of the General Court of 13 December 2018 — Post Bank Iran v Council (Non-contractual liability — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds — Inclusion and maintenance of the applicant’s name on the lists of persons and entities subject to restrictive measures — Non-material damage) | 36 |
| 2019/C 82/41 | Case T-591/15: Judgment of the General Court of 13 December 2018 — Transavia Airlines v Commission (State aid — Airport and marketing services agreement — Agreement between the Chamber of Commerce and Industry of Pau-Béarn and Transavia — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Concept of State aid — Whether attributable to the State — Chamber of Commerce and Industry — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights — Right of access to the file — Right to be heard) | 37 |
| 2019/C 82/42 | Case T-630/15: Judgment of the General Court of 13 December 2018 — Scandlines Danmark and Scandlines Deutschland v Commission (State aid — Public financing of the Fehmarn Belt fixed link rail-road project — Individual aid — Decision not to raise any objections — Decision finding no State aid and declaring the aid compatible with the internal market — Definition of State aid — Adverse effect on competition and effect on trade between Member States — Conditions governing compatibility — Aid to promote the execution of an important project of common European interest — Necessity of the aid — Incentive effect — Proportionality of the aid — Serious difficulties justifying the initiation of the formal investigation procedure — Obligation to state reasons — Communication on State aid to promote the execution of important projects of common European interest) | 37 |
| 2019/C 82/43 | Case T-631/15: Judgment of the General Court of 13 December 2018 — Stena Line Scandinavia v Commission (State aid — Public financing of the Fehmarn Belt fixed link rail-road project — Individual aid — Decision not to raise any objections — Decision finding no State aid and declaring the aid compatible with the internal market — Definition of State aid — Adverse effect on competition and effect on trade between Member States — Conditions governing compatibility — Aid to promote the execution of an important project of common European interest — Necessity of the aid — Incentive effect — Proportionality of the aid — Serious difficulties justifying the initiation of the formal investigation procedure — Obligation to state reasons — Communication on State aid to promote the execution of important projects of common European interest) | 38 |
| 2019/C 82/44 | Case T-53/16: Judgment of the General Court of 13 December 2018 — Ryanair and Airport Marketing Services v Commission (State aid — Agreements between the Chamber of Commerce and Industry of Nîmes-Uzès-Le Vigan and Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Notion of State aid — Imputability to the State — Chamber of Commerce and Industry — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights — Right of access to the file — Right to be heard) | 39 |
| 2019/C 82/45 | Case T-77/16: Judgment of the General Court of 13 December 2018 — Ryanair and Airport Marketing Services v Commission (State aid — Agreements concluded with the airline Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Notion of State aid — Advantage — Private investor test — Recovery — Selectivity) | 40 |
| 2019/C 82/46 | Case T-165/16: Judgment of the General Court of 13 December 2018 — Ryanair and Airport Marketing Services v Commission (State aid — Agreements concluded with the airline Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Notion of State aid — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights of the European Union — Access to the file — Right to be heard) | 41 |
| 2019/C 82/47 | Case T-290/16: Judgment of the General Court of 13 December 2018 — Fruits de Ponent v Commission (Non-contractual liability — Agriculture — Peach and nectarine markets — Disruption during the 2014 season — Russian embargo — Temporary exceptional support measures for producers — Delegated Regulations (EU) Nos 913/2014 and 923/2014 — Rules of law intended to confer rights upon individuals — Duty of diligence and the principle of sound administration — Sufficiently serious breach — Causal link) | 42 |
| 2019/C 82/48 | Joined Cases T-339/16, T-352/16 and T-391/16: Judgment of the General Court of 13 December 2018 — Ville de Paris, Ville de Bruxelles and Ayuntamiento de Madrid v Commission (Environment — Regulation (EU) 2016/646 — Pollutant emissions from light passenger and commercial vehicles (Euro 6) — Fixing, in respect of nitrogen oxide emissions, of not-to-exceed (NTE) values, during tests in real driving conditions (RDE) — Actions for annulment — Powers of a municipal authority concerning environmental protection to restrict the circulation of certain vehicles — Whether directly concerned — Admissibility — Lack of competence of the Commission — Compliance with higher legal norms — Temporal adjustment of the effects of an annulment — Non-contractual liability — Compensation for alleged harm to image and reputation) | 42 |
| 2019/C 82/49 | Case T-530/16: Judgment of the General Court of 13 December 2018 — Schubert and Others v Commission (Civil service — Remuneration — Annual adjustment of the remuneration and pensions of officials and other members of staff — Regulations (EU) No 422/2014 and No 423/2014 — Adjustments of remuneration and pensions for 2011 and 2012 — Duty to state reasons — Proportionality — Legitimate expectations — Rules on dialogue between management and workers) | 43 |
| 2019/C 82/50 | Joined Cases T-543/16 and T-544/16: Judgment of the General Court of 13 December 2018 — Carpenito and Others v Council (Civil service — Remuneration — Annual adjustment of the remuneration and pensions of officials and other EU staff — Regulations (EU) No 422/2014 and No 423/2014 — Adjustments of salaries and pensions for the years 2011 and 2012 — Duty to state reasons — Proportionality — Legitimate expectations — Rules on social dialogue) | 44 |
| 2019/C 82/51 | Case T-591/16: Judgment of the General Court of 13 December 2018 –Wahlström v Frontex (Civil service — Members of the temporary staff — Frontex — Non-renewal of a fixed-term contract — Article 8 of the CEOS — Duty of care — Use of an annulled appraisal report — Manifest error of assessment — Liability — Costs — Equity — Article 135(1) of the Rules of Procedure) | 45 |
| 2019/C 82/52 | Case T-632/16: Judgment of the General Court of 13 December 2018 — Haeberlen v ENISA (Civil service — Remuneration — Annual adjustment of remunerations and pensions of officials and other agents — Regulations (EU) Nos 422/2014 and 423/2014 — Adjustments of salaries and pensions for 2011 and 2012 — Obligation to state reasons — Proportionality — Legitimate expectations — Rules on social dialogue) | 46 |
| 2019/C 82/53 | Case T-672/16: Judgment of the General Court of 13 December 2018 — C=Holdings v EUIPO — Trademarkers (C=commodore) (EU trade mark — Revocation proceedings — International registration designating the European Union — Figurative mark C=commodore — Application for invalidation of the effects of the international registration — Article 158(2) of Regulation (EC) No 207/2009 (now Article 198(2) of Regulation (EU) 2017/1001) — Article 51(1)(a) of Regulation No 207/2009 (now Article 58(1)(a) of Regulation 2017/1001) — No genuine use concerning certain goods and services covered by the international registration — Presence of proper reasons for non-use) | 47 |
| 2019/C 82/54 | Case T-689/16: Judgment of the General Court of 13 December 2018 — Pipiliagkas v Commission (Civil service — Officials — Assignment — Decision with retroactive effect — Article 22a of the Staff Regulations — Authority lacking competence — Liability — Compensation in respect of material and non-material harm) | 47 |
| 2019/C 82/55 | Case T-743/16 RENV: Judgment of the General Court of 13 December 2018 — CX v Commission (Civil service — Officials — Disciplinary measure — Removal from post — Rights of the defence — Duty to have regard for the welfare of officials — Article 22(1) of Annex IX to the Staff Regulations — Articles 41 and 52 of the Charter of Fundamental Rights — Liability — Actual damage — Causal link) | 48 |
| 2019/C 82/56 | Case T-830/16: Judgment of the General Court of 13 December 2018 — Monolith Frost v EUIPO — Dovgan (PLOMBIR) (EU trade mark — Invalidity proceedings — EU word mark PLOMBIR — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Examination of the facts — Article 76(1) of Regulation No 207/2009 (now Article 95(1) of Regulation 2017/1001) — Evidence submitted for the first time before the General Court) | 49 |
| 2019/C 82/57 | Case T-247/17: Judgment of the General Court of 13 December 2018 — Azarov v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and of economic resources — Maintenance of the applicant’s name on the list — Right to property — Right to pursue an economic activity — Manifest error of assessment) | 50 |
| 2019/C 82/58 | Case T-274/17: Judgment of the General Court of 13 December 2018 — Monster Energy v EUIPO — Bösel (MONSTER DIP) (EU trade mark — Opposition proceedings — Application for EU figurative mark MONSTER DIP — Earlier EU word and figurative marks and unregistered sign used in the course of trade, all including the word element ‘monster’ — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — No likelihood of misleading association — Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) — No likelihood of dilution of the reputation of the earlier mark — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)) | 50 |
| 2019/C 82/59 | Case T-537/17: Judgment of the General Court of 13 December 2018 — De Loecker v EEAS (Civil service — EEAS — Temporary agents — Psychological harassment — Request for assistance — Rejection of the request — Right to be heard — Liability) | 51 |
| 2019/C 82/60 | Case T-609/17: Judgment of the General Court of 12 December 2018 — France v Commission (EAGF — Expenditure excluded from financing — Expenditure incurred by France — Export refunds on poultry meat — Flat-rate financial correction — Regulations (EC) No 1290/2005 and (EU) No 1306/2013 — Sound, fair and merchantable quality — Checks — Proportionality) | 52 |
| 2019/C 82/61 | Case T-706/17: Judgment of the General Court of 13 December 2018 — UP v Commission (Civil service — Officials — Serious illness — Application f for part-time work on medical grounds — Rejection of the application — Principle of non-discrimination on grounds of disability — Right to be heard — Principle of sound administration — Duty of care — Liability) | 52 |
| 2019/C 82/62 | Case T-743/17: Judgment of the General Court of 12 December 2018 — Bischoff v EUIPO — Miroglio Fashion (CARACTÈRE) (EU trade mark — Invalidity proceedings — EU word mark CARACTÈRE — Absolute grounds for refusal — No descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)) | 53 |
| 2019/C 82/63 | Case T-821/17: Judgment of the General Court of 12 December 2018 — Vitromed v EUIPO — Vitromed Healthcare (VITROMED Germany) (EU trade mark — Opposition proceedings — Application for EU figurative mark VITROMED Germany — Earlier EU word mark Vitromed — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)) | 53 |
| 2019/C 82/64 | Case T-76/18: Judgment of the General Court 13 December 2018 — CN v Parliament (Civil service — Accredited parliamentary assistants — Article 24 of the Staff Regulations — Request for assistance — Article 12a of the Staff Regulations — Psychological harassment — Advisory Committee dealing with harassment complaints between Accredited Parliamentary Assistants and Members of the European Parliament and its prevention at the workplace — Decision rejecting the request for assistance — Right to be heard — Principle of audi alteram partem — Refusal to disclose the opinion of the Advisory Committee and the minutes of the hearing of witnesses — Refusal of the defendant institution to comply with a measure of inquiry of the General Court) | 54 |
| 2019/C 82/65 | Case T-83/18: Judgment of the General Court of 13 December 2018 — CH v Parliament (Civil service — Accredited parliamentary assistants — Article 24 of the Staff Regulations — Request for assistance — Article 12a of the Staff Regulations — Psychological harassment — Advisory Committee dealing with harassment complaints between Accredited Parliamentary Assistants and Members of the European Parliament and its prevention at the workplace — Decision rejecting the request for assistance — Right to be heard — Principle of audi alteram partem — Refusal to disclose the opinion of the Advisory Committee and the minutes of the hearing of witnesses — Refusal of the defendant institution to comply with a measure of inquiry of the General Court) | 55 |
| 2019/C 82/66 | Case T-94/18: Judgment of the General Court of 13 December 2018 — Multifit v EUIPO (fit+fun) (EU trade mark — Application for EU word mark fit+fun — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EU) 2017/1001) | 55 |
| 2019/C 82/67 | Case T-98/18: Judgment of the General Court of 13 December 2018 — Multifit v EUIPO (MULTIFIT) (EU trade mark — Application for EU word mark MULTIFIT — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EU) 2017/1001) | 56 |
| 2019/C 82/68 | Case T-102/18: Judgment of the General Court of 13 December 2018 — Knauf v EUIPO (upgrade your personality) (EU trade mark — Application for EU word mark upgrade your personality — Absolute ground for refusal — Lack of distinctive character — Advertising slogan — Article 7(1)(b) of Regulation (EU) 2017/1001) | 56 |
| 2019/C 82/69 | Case T-745/18: Action brought on 20 December 2018 — Covestro Deutschland v Commission | 57 |
| 2019/C 82/70 | Case T-750/18: Action brought on 21 December 2018 — Briois v Parliament | 58 |
| 2019/C 82/71 | Case T-758/18: Action brought on 21 December 2018 — ABLV Bank v SRB | 59 |
| 2019/C 82/72 | Case T-2/19: Action brought on 4 January 2019 — Algebris (UK) and Anchorage Capital Group v SRB | 60 |
| 2019/C 82/73 | Case T-5/19: Action brought on 4 January 2019 — Clatronic International/EUIPO (PROFI CARE) | 61 |
| 2019/C 82/74 | Case T-19/19: Action brought on 11 January 2019 — Fastweb v Commission | 61 |
| 2019/C 82/75 | Case T-20/19: Action brought on 11 January 2019 — Pablosky v EUIPO — docPrice (mediFLEX easystep) | 64 |
| 2019/C 82/76 | Case T-21/19: Action brought on 11 January 2019 — Pablosky v EUIPO — docPrice (mediFLEX easystep) | 64 |
| 2019/C 82/77 | Case T-22/19: Action brought on 11 January 2019 — Noguer Enríquez and Others v Commission | 65 |
| 2019/C 82/78 | Case T-28/19: Action brought on 15 January 2019 — Karlovarské minerální vody v EUIPO — Aguas de San Martín de Veri (VERITEA) | 67 |
| 2019/C 82/79 | Case T-30/19: Action brought on 15 January 2019 — CRIA and CCCMC v Commission | 67 |
| 2019/C 82/80 | Case T-37/19: Action brought on 21 January 2019 — Cimpress Schweiz v EUIPO — Impress Media (CIMPRESS) | 69 |
| 2019/C 82/81 | Case T-42/19: Action brought on 23 January 2019 — Volkswagen v EUIPO (CROSS) | 69 |

V   Announcements

COURT PROCEEDINGS

Court of Justice

2019/C 82/02

Case C-415/18 P: Appeal brought on 22 June 2018 by CBA Spielapparate- und Restaurantbetriebs GmbH against the order of the General Court (Third Chamber) made on 19 April 2018 in Case T-606/17, CBA Spielapparate- und Restaurantbetriebs GmbH v European Commission

CBA Spielapparate- und Restaurantbetriebs GmbH

European Commission

2

2019/C 82/03

Case C-682/18: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 6 November 2018 — LF v Google LLC, YouTube Inc., YouTube LLC, Google Germany GmbH

2

2019/C 82/04

Case C-683/18: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 6 November 2018 — Elsevier Inc. v Cyando AG

4

2019/C 82/05

Case C-693/18: Request for a preliminary ruling from the Juge d’instruction du tribunal de grande instance de Paris (France) lodged on 29 October 2018 — Procureur de la République v X

5

2019/C 82/06

Case C-702/18 P: Appeal brought on 9 November 2018 by Przedsiębiorstwo Produkcyjno-Handlowe ‘Primart’ Marek Łukasiewicz against the judgment of the General Court (Third Chamber) delivered on 12 September 2018 in Case T-584/17: Primart v EUIPO

6

2019/C 82/07

Case C-714/18 P: Appeal brought on 14 November 2018 by ACTC GmbH against the judgment of the General Court (Ninth Chamber) delivered on 13 September 2018 in Case T-94/17: ACTC v EUIPO

8

2019/C 82/08

Case C-715/18: Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 15 November 2018 — Segler-Vereinigung Cuxhaven e.V. v Finanzamt Cuxhaven

9

2019/C 82/09

Case C-751/18: Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD) (Portugal) lodged on 3 December 2018 — Totalmédia — Marketing Directo e Publicidade S.A. v Autoridade Tributária e Aduaneira

10

2019/C 82/10

Case C-761/18 P: Appeal brought on 3 December 2018 by Päivi Leino-Sandberg against the order of the General Court (Seventh Chamber) delivered on 20 September 2018 in Case T-421/17: Leino-Sandberg v Parliament

10

2019/C 82/11

Case C-766/18 P: Appeal brought on 5 December 2018 by the Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi against the judgment of the General Court (Second Chamber) delivered on 25 September 2018 in Case T-328/17: Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO

11

2019/C 82/12

Case C-767/18 P: Appeal brought on 5 December 2018 by the Republic of Cyprus against the judgment of the General Court (Second Chamber) delivered on 25 September 2018 in Case T-384/17: Cyprus v EUIPO

12

2019/C 82/13

Case C-776/18: Request for a preliminary ruling from the Amtsgericht Erding (Germany) lodged on 10 December 2018 — U.B. and T.V. v Eurowings GmbH

13

2019/C 82/14

Case C-801/18: Request for a preliminary ruling from the Conseil supérieur de la Sécurité sociale (Luxembourg) lodged on 19 December 2018 — EU v Caisse pour l’avenir des enfants

14

2019/C 82/15

Case C-802/18: Request for a preliminary ruling from the Conseil supérieur de la Sécurité sociale (Luxembourg) lodged on 19 December 2018 — Caisse pour l’avenir des enfants v FV, GW

15

2019/C 82/16

Case C-803/18: Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas (Lithuania) lodged on 20 December 2018 — AAS BALTA v UAB GRIFS AG

15

2019/C 82/17

Case C-810/18: Request for a preliminary ruling from the Krajský súd v Trnave (Slovakia) lodged on 21 December 2018 — DHL Logistics (Slovakia), spol. s r.o. v Finančné riaditeľstvo Slovenskej republiky

16

2019/C 82/18

Case C-817/18 P: Appeal brought on 21 December 2018 by Vereniging tot Behoud van Natuurmonumenten in Nederland and Others against the judgment of the General Court (Second Chamber) of 15 October 2018 in Case T-79/16, Vereniging Gelijkberechtiging Grondbezitters and Others v Commission

17

2019/C 82/19

Case C-828/18: Request for a preliminary ruling from the tribunal de commerce de Paris (France) lodged on 24 December 2018 — Trendsetteuse SARL v DCA SARL

18

2019/C 82/20

Case C-829/18: Request for a preliminary ruling from the Tribunal de grande instance de Paris (France) lodged on 27 December 2018 — Crédit Logement SA v OE

18

2019/C 82/21

Case C-833/18: Request for a preliminary ruling from the tribunal de l’entreprise de Liège (Belgium) lodged on 31 December 2018 — SI, Brompton Bicycle Ltd v Chedech / Get2Get

19

2019/C 82/22

Case C-12/19 P: Appeal brought on 7 January 2019 by Mylène Troszczynski against the judgment of the General Court (Sixth Chamber) delivered on 8 November 2018 in Case T-550/17, Troszczynski v Parliament

Troszczynski

Parliament

20

2019/C 82/23

Case C-38/19 P: Appeal brought on 21 January 2019 by Marion Le Pen against the judgment of the General Court (Sixth Chamber) of 28 November 2018 in Case T-161/17, Le Pen v Parliament

Le Pen

Parliament

21

General Court

2019/C 82/24

Case T-167/13: Judgment of the General Court of 13 December 2018 — Comune di Milano v Commission (State aid — Ground-handling services — Capital injections provided by SEA in favour of SEA Handling — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Concept of aid — Imputability to the State — Private investor test — Principle of the right to be heard — Rights of the defence — Right to good administration — Legitimate expectations)

23

2019/C 82/25

Case T-498/14: Judgment of the General Court of 12 December 2018 — Deutsche Umwelthilfe v Commission (Access to documents — Documents related to correspondence between the European Commission and car manufacturers concerning refrigerant R1234yf used in motor vehicles — Documents not included — New plea put forward in the course of the proceedings — Inadmissibility — Measure of inquiry ordering the production of the contested documents in accordance with Article 104 of the Rules of Procedure — Derogation to the principle of adversarial proceedings — Regulation (EC) No 1049/2001 — Exception relating to the protection of commercial interests — Public interest in disclosure — Balance — Regulation (EC) No 1367/2006 — Article 6(1) — Overriding public interest justifying disclosure of the environmental information or relating to emissions into the environment — General proposition — Partial refusal to grant access — No need to adjudicate)

23

2019/C 82/26

Case T-677/14: Judgment of the General Court of 12 December 2018 — Biogaran v Commission (Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Articles 101 TFEU and 102 TFEU — Agreements intended to delay, or even prevent, the market entry of generic versions of perindopril — Participation of a subsidiary in the infringement committed by its parent company — Imputation of the infringement — Joint and several liability — Ceiling of the fine)

24

2019/C 82/27

Case T-679/14: Judgment of the General Court of 12 December 2018 — Teva UK and Others v Commission (Competition — Agreements, decisions and concerted practices — Perindopril market, medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Principle of impartiality — Consultation of the Advisory Committee on Restrictive Practices and Dominant Positions — Patent dispute settlement and exclusive purchasing agreement — Potential competition — Restriction of competition by object — Balance between competition law and patent law — Conditions for exemption under Article 101(3) TFEU — Fines)

25

2019/C 82/28

Case T-680/14: Judgment of the General Court of 12 December 2018 — Lupin v Commission (Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Technology acquisition agreement — Restriction of competition by object — Balance between competition law and patent law — Fines)

26

2019/C 82/29

Case T-682/14: Judgment of the General Court of 12 December 2018 — Mylan Laboratories and Mylan v Commission (Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Potential competition — Restriction of competition by object — Balance between competition law and patent law — Imputation of the unlawful conduct — Fines)

26

2019/C 82/30

Case T-684/14: Judgment of the General Court of 12 December 2018 — Krka v Commission (Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Licensing agreement — Technology acquisition agreement — Restriction of competition by object — Restriction of competition by effect — Balance between competition law and patent law)

27

2019/C 82/31

Case T-691/14: Judgment of the General Court of 12 December 2018 — Servier and Others v Commission (Competition — Agreements, decisions and concerted practices — Abuse of a dominant position — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Articles 101 and 102 TFEU — Principle of impartiality — Consultation of the Advisory Committee on Restrictive Practices and Dominant Positions — Right to an effective remedy — Shortness of the period for lodging an action in view of the length of the contested decision — Patent dispute settlement agreements — Licence agreements — Technology acquisition agreements — Exclusive purchasing agreement — Potential competition — Restriction of competition by object — Restriction of competition by effect — Balance between competition law and patent law — Classification as separate infringements or as a single infringement — Definition of the relevant market at the level of the molecule of the medicinal product concerned — Fines — Cumulation of fines imposed under Articles 101 and 102 TFEU — Principle that offences and penalties must have a proper legal basis — Value of sales — Methods of calculation in the event of overlapping infringements on the same markets)

28

2019/C 82/32

Case T-701/14: Judgment of the General Court of 12 December 2018 — Niche Generics v Commission (Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Administrative procedure — Legal professional privilege protecting communications between lawyers and their clients — Potential competition — Restriction of competition by object — Objective necessity of the restriction — Balance between competition law and patent law — Conditions for exemption under Article 101(3) TFEU — Fines — 10 % cap — Imputation of the unlawful conduct)

29

2019/C 82/33

Case T-705/14: Judgment of the General Court of 12 December 2018 — Unichem Laboratories v Commission (Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Commission’s territorial jurisdiction — Imputation of the unlawful conduct — Administrative procedure — Legal professional privilege protecting communications between lawyers and their clients — Potential competition — Restriction of competition by object — Objective necessity of the restriction — Balance between competition law and patent law — Conditions for exemption under Article 101(3) TFEU — Fines)

30

2019/C 82/34

Case T-827/14: Judgment of the General Court of 13 December 2018 — Deutsche Telekom v Commission (Competition — Abuse of a dominant position — Slovak market for broadband telecommunications services — Access by third-party undertakings to the ‘local loop’ of the incumbent operator on that market — Decision finding an infringement of Article 102 TFEU and of Article 54 of the EEA Agreement — Single and continuous infringement — Definition of ‘abuse’ — Refusal to grant access — Margin squeeze — Calculation of margin squeeze — Equally efficient competitor test — Rights of defence — Imputation to a parent company of an infringement committed by its subsidiary — Decisive influence of the parent company over the subsidiary’s commercial policy — Actual exercise of such influence — Burden of proof — Calculation of the amount of the fine — 2006 Guidelines on the method of setting fines — Separate fine imposed solely on the parent company for repeated infringement and application of a multiplier for the purpose of deterrence)

30

2019/C 82/35

Case T-851/14: Judgment of the General Court of 13 December 2018 — Slovak Telekom v Commission (Competition — Abuse of dominant position — Slovakian market for broadband telecommunications services — Access by third-party undertakings to the ‘local loop’ of the incumbent operator on that market — Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement — Single and continuous infringement — Definition of ‘abuse’ — Refusal to grant access — Margin squeeze — Calculation of margin squeeze — Equally efficient competitor test — Rights of defence — Imputation of an infringement committed by a subsidiary to its parent company — Decisive influence of the parent company over the subsidiary’s commercial policy — Actual exercise of such influence — Burden of proof — Calculation of the fine — 2006 Guidelines on the method of setting fines)

32

2019/C 82/36

Case T-111/15: Judgment of the General Court of 13 December 2018 — Ryanair and Airport Marketing Services v Commission (State aid — Agreements between the Syndicat mixte des aéroports de Charente and Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Notion of State aid — Imputability to the State — Chamber of Commerce and Industry — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights — Right of access to the file — Right to be heard)

33

2019/C 82/37

Case T-165/15: Judgment of the General Court of 13 December 2018 — Ryanair and Airport Marketing Services v Commission (State aid — Agreements between the Chamber of Commerce and Industry of Pau-Béarn and Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Notion of State aid — Imputability to the State — Chamber of Commerce and Industry — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights — Right of access to the file — Right to be heard)

34

2019/C 82/38

Case T-284/15: Judgment of the General Court of 13 December 2018 — AlzChem v Commission (State aid — Chemical industry — Decision to continue the operation of an undertaking during insolvency proceedings — Decision finding no State aid — Action for annulment — Individual concern — Admissibility — Concept of State aid — Advantage — Private creditor test — Whether attributable to the State — Duty to state reasons)

34

2019/C 82/39

Case T-558/15: Judgment of the General Court of 13 December 2018 — Iran Insurance v Council (Non-contractual liability — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds — Inclusion and maintenance of the applicant’s name on the lists of persons and entities subject to restrictive measures — Material damage — Non-material damage)

35

2019/C 82/40

Case T-559/15: Judgment of the General Court of 13 December 2018 — Post Bank Iran v Council (Non-contractual liability — Common foreign and security policy — Restrictive measures against Iran — Freezing of funds — Inclusion and maintenance of the applicant’s name on the lists of persons and entities subject to restrictive measures — Non-material damage)

36

2019/C 82/41

Case T-591/15: Judgment of the General Court of 13 December 2018 — Transavia Airlines v Commission (State aid — Airport and marketing services agreement — Agreement between the Chamber of Commerce and Industry of Pau-Béarn and Transavia — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Concept of State aid — Whether attributable to the State — Chamber of Commerce and Industry — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights — Right of access to the file — Right to be heard)

37

2019/C 82/42

Case T-630/15: Judgment of the General Court of 13 December 2018 — Scandlines Danmark and Scandlines Deutschland v Commission (State aid — Public financing of the Fehmarn Belt fixed link rail-road project — Individual aid — Decision not to raise any objections — Decision finding no State aid and declaring the aid compatible with the internal market — Definition of State aid — Adverse effect on competition and effect on trade between Member States — Conditions governing compatibility — Aid to promote the execution of an important project of common European interest — Necessity of the aid — Incentive effect — Proportionality of the aid — Serious difficulties justifying the initiation of the formal investigation procedure — Obligation to state reasons — Communication on State aid to promote the execution of important projects of common European interest)

37

2019/C 82/43

Case T-631/15: Judgment of the General Court of 13 December 2018 — Stena Line Scandinavia v Commission (State aid — Public financing of the Fehmarn Belt fixed link rail-road project — Individual aid — Decision not to raise any objections — Decision finding no State aid and declaring the aid compatible with the internal market — Definition of State aid — Adverse effect on competition and effect on trade between Member States — Conditions governing compatibility — Aid to promote the execution of an important project of common European interest — Necessity of the aid — Incentive effect — Proportionality of the aid — Serious difficulties justifying the initiation of the formal investigation procedure — Obligation to state reasons — Communication on State aid to promote the execution of important projects of common European interest)

38

2019/C 82/44

Case T-53/16: Judgment of the General Court of 13 December 2018 — Ryanair and Airport Marketing Services v Commission (State aid — Agreements between the Chamber of Commerce and Industry of Nîmes-Uzès-Le Vigan and Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Notion of State aid — Imputability to the State — Chamber of Commerce and Industry — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights — Right of access to the file — Right to be heard)

39

2019/C 82/45

Case T-77/16: Judgment of the General Court of 13 December 2018 — Ryanair and Airport Marketing Services v Commission (State aid — Agreements concluded with the airline Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Notion of State aid — Advantage — Private investor test — Recovery — Selectivity)

40

2019/C 82/46

Case T-165/16: Judgment of the General Court of 13 December 2018 — Ryanair and Airport Marketing Services v Commission (State aid — Agreements concluded with the airline Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Notion of State aid — Advantage — Private investor test — Recovery — Article 41 of the Charter of Fundamental Rights of the European Union — Access to the file — Right to be heard)

41

2019/C 82/47

Case T-290/16: Judgment of the General Court of 13 December 2018 — Fruits de Ponent v Commission (Non-contractual liability — Agriculture — Peach and nectarine markets — Disruption during the 2014 season — Russian embargo — Temporary exceptional support measures for producers — Delegated Regulations (EU) Nos 913/2014 and 923/2014 — Rules of law intended to confer rights upon individuals — Duty of diligence and the principle of sound administration — Sufficiently serious breach — Causal link)

42

2019/C 82/48

Joined Cases T-339/16, T-352/16 and T-391/16: Judgment of the General Court of 13 December 2018 — Ville de Paris, Ville de Bruxelles and Ayuntamiento de Madrid v Commission (Environment — Regulation (EU) 2016/646 — Pollutant emissions from light passenger and commercial vehicles (Euro 6) — Fixing, in respect of nitrogen oxide emissions, of not-to-exceed (NTE) values, during tests in real driving conditions (RDE) — Actions for annulment — Powers of a municipal authority concerning environmental protection to restrict the circulation of certain vehicles — Whether directly concerned — Admissibility — Lack of competence of the Commission — Compliance with higher legal norms — Temporal adjustment of the effects of an annulment — Non-contractual liability — Compensation for alleged harm to image and reputation)

42

2019/C 82/49

Case T-530/16: Judgment of the General Court of 13 December 2018 — Schubert and Others v Commission (Civil service — Remuneration — Annual adjustment of the remuneration and pensions of officials and other members of staff — Regulations (EU) No 422/2014 and No 423/2014 — Adjustments of remuneration and pensions for 2011 and 2012 — Duty to state reasons — Proportionality — Legitimate expectations — Rules on dialogue between management and workers)

43

2019/C 82/50

Joined Cases T-543/16 and T-544/16: Judgment of the General Court of 13 December 2018 — Carpenito and Others v Council (Civil service — Remuneration — Annual adjustment of the remuneration and pensions of officials and other EU staff — Regulations (EU) No 422/2014 and No 423/2014 — Adjustments of salaries and pensions for the years 2011 and 2012 — Duty to state reasons — Proportionality — Legitimate expectations — Rules on social dialogue)

44

2019/C 82/51

Case T-591/16: Judgment of the General Court of 13 December 2018 –Wahlström v Frontex (Civil service — Members of the temporary staff — Frontex — Non-renewal of a fixed-term contract — Article 8 of the CEOS — Duty of care — Use of an annulled appraisal report — Manifest error of assessment — Liability — Costs — Equity — Article 135(1) of the Rules of Procedure)

45

2019/C 82/52

Case T-632/16: Judgment of the General Court of 13 December 2018 — Haeberlen v ENISA (Civil service — Remuneration — Annual adjustment of remunerations and pensions of officials and other agents — Regulations (EU) Nos 422/2014 and 423/2014 — Adjustments of salaries and pensions for 2011 and 2012 — Obligation to state reasons — Proportionality — Legitimate expectations — Rules on social dialogue)

46

2019/C 82/53

Case T-672/16: Judgment of the General Court of 13 December 2018 — C=Holdings v EUIPO — Trademarkers (C=commodore) (EU trade mark — Revocation proceedings — International registration designating the European Union — Figurative mark C=commodore — Application for invalidation of the effects of the international registration — Article 158(2) of Regulation (EC) No 207/2009 (now Article 198(2) of Regulation (EU) 2017/1001) — Article 51(1)(a) of Regulation No 207/2009 (now Article 58(1)(a) of Regulation 2017/1001) — No genuine use concerning certain goods and services covered by the international registration — Presence of proper reasons for non-use)

47

2019/C 82/54

Case T-689/16: Judgment of the General Court of 13 December 2018 — Pipiliagkas v Commission (Civil service — Officials — Assignment — Decision with retroactive effect — Article 22a of the Staff Regulations — Authority lacking competence — Liability — Compensation in respect of material and non-material harm)

47

2019/C 82/55

Case T-743/16 RENV: Judgment of the General Court of 13 December 2018 — CX v Commission (Civil service — Officials — Disciplinary measure — Removal from post — Rights of the defence — Duty to have regard for the welfare of officials — Article 22(1) of Annex IX to the Staff Regulations — Articles 41 and 52 of the Charter of Fundamental Rights — Liability — Actual damage — Causal link)

48

2019/C 82/56

Case T-830/16: Judgment of the General Court of 13 December 2018 — Monolith Frost v EUIPO — Dovgan (PLOMBIR) (EU trade mark — Invalidity proceedings — EU word mark PLOMBIR — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Examination of the facts — Article 76(1) of Regulation No 207/2009 (now Article 95(1) of Regulation 2017/1001) — Evidence submitted for the first time before the General Court)

49

2019/C 82/57

Case T-247/17: Judgment of the General Court of 13 December 2018 — Azarov v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and of economic resources — Maintenance of the applicant’s name on the list — Right to property — Right to pursue an economic activity — Manifest error of assessment)

50

2019/C 82/58

Case T-274/17: Judgment of the General Court of 13 December 2018 — Monster Energy v EUIPO — Bösel (MONSTER DIP) (EU trade mark — Opposition proceedings — Application for EU figurative mark MONSTER DIP — Earlier EU word and figurative marks and unregistered sign used in the course of trade, all including the word element ‘monster’ — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — No likelihood of misleading association — Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) — No likelihood of dilution of the reputation of the earlier mark — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001))

50

2019/C 82/59

Case T-537/17: Judgment of the General Court of 13 December 2018 — De Loecker v EEAS (Civil service — EEAS — Temporary agents — Psychological harassment — Request for assistance — Rejection of the request — Right to be heard — Liability)

51

2019/C 82/60

Case T-609/17: Judgment of the General Court of 12 December 2018 — France v Commission (EAGF — Expenditure excluded from financing — Expenditure incurred by France — Export refunds on poultry meat — Flat-rate financial correction — Regulations (EC) No 1290/2005 and (EU) No 1306/2013 — Sound, fair and merchantable quality — Checks — Proportionality)

52

2019/C 82/61

Case T-706/17: Judgment of the General Court of 13 December 2018 — UP v Commission (Civil service — Officials — Serious illness — Application f for part-time work on medical grounds — Rejection of the application — Principle of non-discrimination on grounds of disability — Right to be heard — Principle of sound administration — Duty of care — Liability)

52

2019/C 82/62

Case T-743/17: Judgment of the General Court of 12 December 2018 — Bischoff v EUIPO — Miroglio Fashion (CARACTÈRE) (EU trade mark — Invalidity proceedings — EU word mark CARACTÈRE — Absolute grounds for refusal — No descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001))

53

2019/C 82/63

Case T-821/17: Judgment of the General Court of 12 December 2018 — Vitromed v EUIPO — Vitromed Healthcare (VITROMED Germany) (EU trade mark — Opposition proceedings — Application for EU figurative mark VITROMED Germany — Earlier EU word mark Vitromed — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

53

2019/C 82/64

Case T-76/18: Judgment of the General Court 13 December 2018 — CN v Parliament (Civil service — Accredited parliamentary assistants — Article 24 of the Staff Regulations — Request for assistance — Article 12a of the Staff Regulations — Psychological harassment — Advisory Committee dealing with harassment complaints between Accredited Parliamentary Assistants and Members of the European Parliament and its prevention at the workplace — Decision rejecting the request for assistance — Right to be heard — Principle of audi alteram partem — Refusal to disclose the opinion of the Advisory Committee and the minutes of the hearing of witnesses — Refusal of the defendant institution to comply with a measure of inquiry of the General Court)

54

2019/C 82/65

Case T-83/18: Judgment of the General Court of 13 December 2018 — CH v Parliament (Civil service — Accredited parliamentary assistants — Article 24 of the Staff Regulations — Request for assistance — Article 12a of the Staff Regulations — Psychological harassment — Advisory Committee dealing with harassment complaints between Accredited Parliamentary Assistants and Members of the European Parliament and its prevention at the workplace — Decision rejecting the request for assistance — Right to be heard — Principle of audi alteram partem — Refusal to disclose the opinion of the Advisory Committee and the minutes of the hearing of witnesses — Refusal of the defendant institution to comply with a measure of inquiry of the General Court)

55

2019/C 82/66

Case T-94/18: Judgment of the General Court of 13 December 2018 — Multifit v EUIPO (fit+fun) (EU trade mark — Application for EU word mark fit+fun — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EU) 2017/1001)

55

2019/C 82/67

Case T-98/18: Judgment of the General Court of 13 December 2018 — Multifit v EUIPO (MULTIFIT) (EU trade mark — Application for EU word mark MULTIFIT — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) of Regulation (EU) 2017/1001)

56

2019/C 82/68

Case T-102/18: Judgment of the General Court of 13 December 2018 — Knauf v EUIPO (upgrade your personality) (EU trade mark — Application for EU word mark upgrade your personality — Absolute ground for refusal — Lack of distinctive character — Advertising slogan — Article 7(1)(b) of Regulation (EU) 2017/1001)

56

2019/C 82/69

Case T-745/18: Action brought on 20 December 2018 — Covestro Deutschland v Commission

57

2019/C 82/70

Case T-750/18: Action brought on 21 December 2018 — Briois v Parliament

58

2019/C 82/71

Case T-758/18: Action brought on 21 December 2018 — ABLV Bank v SRB

59

2019/C 82/72

Case T-2/19: Action brought on 4 January 2019 — Algebris (UK) and Anchorage Capital Group v SRB

60

2019/C 82/73

Case T-5/19: Action brought on 4 January 2019 — Clatronic International/EUIPO (PROFI CARE)

61

2019/C 82/74

Case T-19/19: Action brought on 11 January 2019 — Fastweb v Commission

61

2019/C 82/75

Case T-20/19: Action brought on 11 January 2019 — Pablosky v EUIPO — docPrice (mediFLEX easystep)

64

2019/C 82/76

Case T-21/19: Action brought on 11 January 2019 — Pablosky v EUIPO — docPrice (mediFLEX easystep)

64

2019/C 82/77

Case T-22/19: Action brought on 11 January 2019 — Noguer Enríquez and Others v Commission

65

2019/C 82/78

Case T-28/19: Action brought on 15 January 2019 — Karlovarské minerální vody v EUIPO — Aguas de San Martín de Veri (VERITEA)

67

2019/C 82/79

Case T-30/19: Action brought on 15 January 2019 — CRIA and CCCMC v Commission

67

2019/C 82/80

Case T-37/19: Action brought on 21 January 2019 — Cimpress Schweiz v EUIPO — Impress Media (CIMPRESS)

69

2019/C 82/81

Case T-42/19: Action brought on 23 January 2019 — Volkswagen v EUIPO (CROSS)

69

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| EN | For reasons of protection of personal data and/or confidentiality, some information contained in this issue cannot be disclosed anymore and therefore a new authentic version has been published. |
| --- | --- |

EN

For reasons of protection of personal data and/or confidentiality, some information contained in this issue cannot be disclosed anymore and therefore a new authentic version has been published.