# Official Journal C 5/8 Ja

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 5 |
| | |
| English edition | Information and Notices | Volume 618 January 2018 |

ISSN 1977-091X

Official Journal

of the European Union

C 5

English edition

Information and Notices

Volume 618 January 2018

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| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Court of Justice of the European Union |
| 2018/C 5/01 | Last publications of the Court of Justice of the European Union in the Official Journal of the European Union | 1 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Court of Justice of the European Union

2018/C 5/01

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 |
| 2018/C 5/02 | Case C-98/15: Judgment of the Court (Fifth Chamber) of 9 November 2017 (request for a preliminary ruling from the Juzgado de lo Social No 33 de Barcelona (Spain)) — María Begoña Espadas Recio v Servicio Público de Empleo Estatal (SPEE) (Reference for a preliminary ruling — Directive 97/81/EC — Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC — Clause 4 — Male and female workers — Equal treatment in matters of social security — Directive 79/7/EEC — Article 4 — ‘Vertical’ part-time worker — Unemployment benefit — National legislation excluding days not worked from the contribution period for the purpose of establishing the duration of the benefit) | 2 |
| 2018/C 5/03 | Case C-489/15: Judgment of the Court (Fifth Chamber) of 9 November 2017 (request for a preliminary ruling from the Landgericht Berlin (Germany)) — CTL Logistics GmbH v DB Netz AG (Reference for a preliminary ruling — Rail transport — Directive 2001/14/EC — Infrastructure charges — Pricing — National regulatory body monitoring the conformity of those infrastructure charges with that directive — Contract for use of infrastructure concluded between a railway infrastructure manager and a railway undertaking — Principle of non-discrimination — Reimbursement of the charges without intervention by that body and outside the claims procedures involving it — National legislation enabling the civil courts to set a fair amount in the case of unfair charges) | 3 |
| 2018/C 5/04 | Case C-649/15 P: Judgment of the Court (First Chamber) of 9 November 2017 — TV2/Danmark A/S v European Commission, Kingdom of Denmark, Viasat Broadcasting UK Ltd (Appeal — State aid — Article 107(1) TFEU — Public broadcasting service — Measures implemented by the Danish authorities in favour of the Danish broadcaster TV2/Danmark — Concept of ‘aid granted by a Member State or through State resources’ — Judgment in Altmark) | 3 |
| 2018/C 5/05 | Case C-656/15 P: Judgment of the Court (First Chamber) of 9 November 2017 — European Commission v TV2/Danmark A/S, Kingdom of Denmark, Viasat Broadcasting UK Ltd (Appeal — State aid — Article 107(1) TFEU — Public broadcasting service — Measures implemented by the Danish authorities in favour of the Danish broadcaster TV2/Danmark — Concept of ‘aid granted by a Member State or through State resources’s) | 4 |
| 2018/C 5/06 | Case C-657/15 P: Judgment of the Court (First Chamber) of 9 November 2017 — Viasat Broadcasting UK Ltd v TV2/Danmark A/S (Appeal — State aid — Article 107(1) TFEU — Public broadcasting service — Measures implemented by the Danish authorities in favour of the Danish broadcaster TV2/Danmark — Concept of ‘aid granted by a Member State or through State resources’ — Judgment in Altmark) | 5 |
| 2018/C 5/07 | Case C-46/16: Judgment of the Court (Fifth Chamber) of 9 November 2017 (request for a preliminary ruling from the Augstākā tiesa — Latvia) — Valsts ieņēmumu dienests v ‘LS Customs Services’ SIA (Reference for a preliminary ruling — Customs union — Regulation (EEC) No 2913/92 — Community Customs Code — Non-Community goods — External Community customs transit procedure — Unlawful removal from customs supervision of goods liable to import duties — Determination of the customs value — Article 29(1) — Conditions for the application of the transaction value method — Articles 30 and 31 — Choice of the method for determining the customs value — Obligation imposed upon the customs authorities to state reasons for the chosen method) | 6 |
| 2018/C 5/08 | Case C-204/16 P: Judgment of the Court (Ninth Chamber) of 9 November 2017 — SolarWorld AG v Brandoni solare SpA, Solaria Energia y Medio Ambiente, SA, Council of the European Union, European Commission, China Chamber of Commerce for Import and Export of Machinery and Electronic Products (CCCME) (Appeal — Dumping — Implementing Regulation (EU) No 1238/2013 — Article 3 — Imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China — Definitive anti-dumping duty — Exemption of imports covered by an accepted undertaking — Severability) | 7 |
| 2018/C 5/09 | Case C-205/16 P: Judgment of the Court (Ninth Chamber) of 9 November 2017 — SolarWorld AG v Brandoni solare SpA, Solaria Energia y Medio Ambiente, SA, Council of the European Union, European Commission, China Chamber of Commerce for Import and Export of Machinery and Electronic Products (CCCME) (Appeal — Subsidies — Implementing Regulation (EU) No 1239/2013 — Article 2 — Imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China — Definitive countervailing duty — Exemption of imports covered by an accepted undertaking — Severability) | 7 |
| 2018/C 5/10 | Case C-217/16: Judgment of the Court (Third Chamber) of 9 November 2017 (request for a preliminary ruling from the Efeteio Athinon (Greece)) — European Commission v Dimos Zagoriou (Reference for a preliminary ruling — Enforceable decision of the European Commission ordering the recovery of sums paid — Article 299 TFEU — Enforcement — Implementing measures — Identification of the competent national court to hear disputes regarding enforcement — Identification of the person on whom the pecuniary obligation rests — Conditions for application of the national procedural rules — Procedural autonomy of the Member States — Principles of equivalence and effectiveness) | 8 |
| 2018/C 5/11 | Case C-227/16: Judgment of the Court (Tenth Chamber) of 9 November 2017 (reference for a preliminary ruling from the Gerechtshof Arnhem-Leeuwaarden — Netherlands) — Jan Theodorus Arts v Veevoederbedrijf Alpuro BV (Reference for a preliminary ruling — Agriculture — Common agricultural policy — Regulation (EC) No 73/2009 — Single payment scheme — Veal farmer who concluded an integration contract — Contractual term under which the single payment is payable to the integration undertaking — Whether permissible) | 9 |
| 2018/C 5/12 | Case C-298/16: Judgment of the Court (Third Chamber) of 9 November 2017 (request for a preliminary ruling from the Curtea de Apel Cluj — Romania) — Teodor Ispas, Anduţa Ispas v Direcţia Generală a Finanţelor Publice Cluj (Reference for a preliminary ruling — General principles of EU law — Right to good administration and rights of the defence — National tax rules providing for the right to be heard and the right to be informed during an administrative tax procedure — Decision to levy value added tax issued by the national tax authorities without giving the taxpayer access to the information and the documents upon which that decision was based) | 10 |
| 2018/C 5/13 | Case C-306/16: Judgment of the Court (Second Chamber) of 9 November 2017 (reference for a preliminary ruling from the Tribunal da Relação do Porto — Portugal) — António Fernando Maio Marques da Rosa v Varzim Sol — Turismo, Jogo e Animação, SA (Reference for a preliminary ruling — Protection of the safety and health of workers — Directive 2003/88/EC — Article 5 — Weekly rest period — National legislation providing for at least one rest day per seven-day period — Periods of more than six consecutive working days) | 10 |
| 2018/C 5/14 | Case C-423/16 P: Judgment of the Court (First Chamber) of 9 November 2017 — HX v Council of the European Union (Appeal — Common foreign and security policy — Restrictive measures against the Syrian Arab Republic — Restrictive measures against a person listed in an annex to a decision — Extension of the validity of that decision during proceedings before the General Court of the European Union — Request to modify the application in the course of the hearing and not by a separate document — Article 86 of the Rules of Procedure of the General Court — Bulgarian language version — Annulment by the General Court of the original decision placing the person concerned on the list of persons subject to restrictive measures — Expiry of the extension decision — Continuation of the interest in bringing legal proceedings in relation to the modification of the application) | 11 |
| 2018/C 5/15 | Case C-481/16: Judgment of the Court (Sixth Chamber) of 9 November 2017 — European Commission v Hellenic Republic (Failure of a Member State to fulfil obligations — State aid — Aid declared unlawful and incompatible with the internal market — Obligation to recover — Obligation to provide information — Non-implementation — Pleas in defence — Absolute impossibility of implementation) | 12 |
| 2018/C 5/16 | Case C-499/16: Judgment of the Court (Sixth Chamber) of 9 November 2017 (reference for a preliminary ruling from the Naczelny Sąd Administracyjny — Poland) — AZ v Minister Finansów (Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 98 — Discretion of the Member States to apply a reduced rate to certain supplies of goods and services — Annexe III, point 1 — Foodstuffs — Pastry goods and cakes — Best-before date or use-by date — Principle of fiscal neutrality) | 12 |
| 2018/C 5/17 | Case C-552/16: Judgment of the Court (Sixth Chamber) of 9 November 2017 (reference for a preliminary ruling from the Administrativen sad Sofia-grad — Bulgaria) — ‘Wind Inovation 1’ EOOD, in liquidation v Direktor na Direktsia ‘Obzhalvane i danachno-osiguritelna praktika’ — Sofia (Reference for a preliminary ruling — Taxation — Common system of value added tax — Directive 2006/112/EC — Dissolution of a company resulting in its removal from the value added tax (VAT) register — Obligation to calculate VAT on available assets and to pay the VAT calculated to the State — Maintenance or amendment of the law existing on the date of accession to the European Union — Second paragraph of Article 176 — Effect on the right to deduct — Article 168) | 13 |
| 2018/C 5/18 | Case C-641/16: Judgment of the Court (First Chamber) of 9 November 2017 (request for a preliminary ruling from the Cour de cassation — France) — Tünkers France, Tünkers Maschinenbau GmbH v Expert France (Reference for a preliminary ruling — Insolvency proceedings — Regulation (EC) No 1346/2000 — Court having jurisdiction — Action for unfair competition brought in the context of insolvency proceedings — Action brought by a company having its registered office in another Member State against the assignee of part of the business of a company subject to insolvency proceedings — Action not part of the proceedings or action deriving directly from those proceedings and closely connected with them) | 14 |
| 2018/C 5/19 | Case C-356/16: Order of the Court (Third Chamber) of 26 October 2017 — (request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel — Belgium) — Criminal proceedings against Wamo BVBA, Luc Cecile Jozef Van Mol (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Directive 2005/29/EC — Unfair commercial practices — National legislation prohibiting the advertising of procedures relating to plastic surgery or non-surgical plastic medicine) | 14 |
| 2018/C 5/20 | Case C-474/16: Order of the Court (Sixth Chamber) of 24 October 2017 — (request for a preliminary ruling from the Cour d’appel de Colmar — France) — Criminal proceedings against Belu Dienstleistung GmbH & Co KG and Stefan Nikless (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Identical questions referred for a preliminary ruling — Coordination of social security systems — Regulation (EC) No 883/2004 — Applicable legislation — A1 certificate — Probative value) | 15 |
| 2018/C 5/21 | Joined Cases C-655/16 and C-656/16: Order of the Court (Eighth Chamber) of 24 October 2017 (requests for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio — Italy) — Hitachi Rail Italy Investments Srl (C-655/16), Finmeccanica SpA (C-656/16) v Commissione Nazionale per le Società e la Borsa (Consob) (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Company law — Directive 2004/25/EC — Takeover bids — Second subparagraph of Article 5(4) — Possibility of changing the price of the offer in specific circumstances and in line with clearly determined criteria — National legislation providing an option for the supervisory authority to increase a takeover bid in the event of collusion between the offeror and the seller) | 16 |
| 2018/C 5/22 | Case C-333/17: Order of the Court (Eighth Chamber) of 26 October 2017 (request for a preliminary ruling from the Tribunal Judicial da Comarca de Braga — Portugal) — Caixa Económica Montepio Geral v Carlos Samuel Pimenta Marinho and Others (Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Articles 21 and 38 — Non-discrimination — Consumer protection — Contract for a bank loan — Question which does not concern a rule of EU law other than those contained in the Charter of Fundamental Rights — Manifest lack of jurisdiction of the Court) | 16 |
| 2018/C 5/23 | Case C-500/17: Request for a preliminary ruling from the Landgericht Frankfurt am Main (Germany) lodged on 18 August 2017 — Thomas Krauss v TUIfly GmbH | 17 |
| 2018/C 5/24 | Case C-515/17 P: Appeal brought on 24 August 2017 by Uniwersytet Wrocławski against the order of the General Court (Eighth Chamber) made on 13 June 2017 in Case T-137/16, Uniwersytet Wrocławski v Research Executive Agency (REA) | 17 |
| 2018/C 5/25 | Case C-556/17: Request for a preliminary ruling from the Pécsi Közigazgatási és Munkaügyi Bíróság (Hungary) lodged on 22 September 2017 — Alekszij Torubarov v Bevándorlási és Menekültügyi Hivatal | 18 |
| 2018/C 5/26 | Case C-561/17 P: Appeal brought on 22 September 2017 by the Republic of Poland against the order of the General Court (Eighth Chamber) of 13 June 2017 in Case T-137/16, Uniwersytet Wrocławski v Research Executive Agency (REA) | 18 |
| 2018/C 5/27 | Case C-584/17 P: Appeal brought on 4 October 2017 by ADR Center SpA against the judgment of the General Court (First Chamber, Extended Composition) delivered on 20 July 2017 in Case T-644/14: ADR Center SpA v European Commission | 20 |
| 2018/C 5/28 | Case C-586/17: Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 6 October 2017 — Staatssecretaris van Veiligheid en Justitie, I., D. | 21 |
| 2018/C 5/29 | Case C-588/17 P: Appeal brought on 9 October 2017 by the Kingdom of Spain against the judgment of the General Court (Sixth Chamber) delivered on 20 July 2017 in Case T-143/15 Kingdom of Spain v European Commission | 21 |
| 2018/C 5/30 | Case C-599/17: Action brought on 16 October 2017 — European Commission v Kingdom of Spain | 23 |
| 2018/C 5/31 | Case C-607/17: Request for a preliminary ruling from the Högsta förvaltningsdomstolen (Sweden) lodged on 24 October 2017 — Skatteverket v Memira Holding AB | 23 |
| 2018/C 5/32 | Case C-608/17: Request for a preliminary ruling from the Högsta förvaltningsdomstolen (Sweden) lodged on 24 October 2017 — Skatteverket v Holmen AB | 24 |
| | General Court |
| 2018/C 5/33 | Case T-75/14: Judgment of the General Court of 16 November 2017 — USFSPEI v Parliament and Council (Action for annulment — Time limit for bringing proceedings — Inadmissibility — Non-contractual liability — Reform of the Staff Regulations and of the CEOS — Regulation (EU, Euratom) No 1023/2013 — Irregularities during the procedure for the adoption of the acts — Failure to consult the Staff Regulations Committee and the staff unions — Sufficiently serious breach of a rule of law intended to confer rights on individuals) | 25 |
| 2018/C 5/34 | Case T-831/14: Judgment of the General Court of 14 November 2017 — Alfamicro v Commission (Arbitration clause — Grant agreement concluded under the Competitiveness and Innovation Framework Programme (CIP) (2007-2013) — Audit report — Eligible costs — Reimbursement of amounts paid — Proportionality — Legitimate expectations — Legal certainty — Principle of good administration — Obligation to state reasons — Amendment of the form of order sought in the course of the proceedings — Set-off of claims — Counterclaim — Default interest) | 26 |
| 2018/C 5/35 | Case T-180/15: Judgment of the General Court of 10 November 2017 — Icap and Others v Commission (Competition — Agreements, decisions and concerted practices — Yen interest rate derivatives sector — Decision finding six infringements of Article 101 TFEU and Article 53 of the EEA Agreement — Manipulation of the JPY LIBOR and Euroyen TIBOR interbank reference rates — Restriction of competition by object — Participation of a broker in the infringements — ‘Hybrid’ settlement procedure — Principle of the presumption of innocence — Principle of sound administration — Fines — Basic amount — Exceptional adjustment — Article 23(2) of Regulation (EC) No 1/2003 — Obligation to state reasons) | 26 |
| 2018/C 5/36 | Case T-229/15: Judgment of the General Court of 16 November 2017 — European Dynamics Luxembourg and Others v EBA (Public service contracts — Tendering procedure — Provision of interim staff for IT services — Rejection of a tenderer’s bid — Obligation to state reasons — Manifest error of assessment) | 27 |
| 2018/C 5/37 | Case T-245/15: Order of the General Court of 8 November 2017 — Klymenko 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 economic resources — Maintenance of the applicant’s name on the list — Duty to state reasons — Legal basis — Manifest error of assessment — Rights of defence — Right to property — Right to reputation — Proportionality — Protection of fundamental rights equivalent to that guaranteed in the European Union — Plea of illegality) | 28 |
| 2018/C 5/38 | Case T-246/15: Judgment of the General Court of 8 November 2017 — Ivanyushchenko 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 economic resources — Maintenance of the applicant’s name on the list — Manifest error of assessment) | 29 |
| 2018/C 5/39 | Case T-263/15: Judgment of the General Court of of 17 November 2017 — Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v Commission (State aid — Airport infrastructure — Public finance granted by the municipalities of Gdynia and Kosakowo in favour of the Gdynia-Kosakowo airport — Decision declaring the aid incompatible with the internal market and ordering its recovery — Withdrawal of a decision — Failure to re-open the formal investigation procedure — Change in the legal regime — Procedural rights of interested parties — Infringement of essential procedural requirements) | 30 |
| 2018/C 5/40 | Case T-668/15: Judgment of the General Court of 10 November 2017 — Jema Energy v Joint Undertaking Fusion for Energy (Public supply contracts — Call for tenders — Supply of the Acceleration Grid Power Supply Conversion System — Rejection of a submitted tender — Transparency — Legal certainty — Equal treatment — Proportionality) | 31 |
| 2018/C 5/41 | Case T-129/16: Judgment of the General Court of 14 November 2017 — Claranet Europe v EUIPO — Claro (claranet) (EU trade mark — Opposition proceedings — Application for the EU figurative mark claranet — Earlier Benelux word mark CLARO — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)) | 31 |
| 2018/C 5/42 | Case T-271/16: Judgment of the General Court of 8 November 2017 — Pempe v EUIPO — Marshall Amplification (THOMAS MARSHALL GARMENTS OF LEGENDS) (EU trade mark — Opposition proceedings — Application for the EU figurative mark THOMAS MARSHALL GARMENTS OF LEGENDS — Earlier EU word and figurative marks MARSHALL and Marshall AMPLIFICATION — Article 42(2) and (3) of Regulation (EC) No 207/2009 (now Article 47(2) and (3) of Regulation (EU) 2017/1001) — Admissibility of the request for proof of the earlier marks’ genuine use — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)) | 32 |
| 2018/C 5/43 | Case T-419/16: Judgment of the General Court of 16 November 2017 — Carrera Brands v EUIPO — Autec (Carrera) (EU trade mark — Revocation proceedings — EU word mark Carrera — Article 56(1)(a) of Regulation (EC) No 207/2009 (now Article 63(1)(a) of Regulation (EU) 2017/1001) — Admissibility of the application for revocation — Non-challenge agreement — Decisions of the national courts — Abuse of rights — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1)(a) of Delegated Regulation (EU) 2017/1430) — Application for suspension of the proceedings before EUIPO) | 33 |
| 2018/C 5/44 | Case T-456/16: Judgment of the General Court of 16 November 2017 — Galletas Gullón v EUIPO — HUG (GULLON DARVIDA) (EU trade mark — Opposition proceedings — Application for the EU word mark GULLON DARVIDA — Earlier international and national word marks DAR VIDA — Documents produced for the first time before the Board of Appeal — Discretion granted by Article 76(2) of Regulation (EC) No 207/2009 (now Article 95(2) of Regulation (EU) 2017/1001) — Rule 19(1) and Rule 20(1) of Regulation (EC) No 2868/95 (now Article 7(1) and Article 8(1) and (7) of Delegated Regulation (EU) 2017/1430) — Rule 50(1) of Regulation No 2868/95 — Relative ground for refusal — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001) — Likelihood of confusion) | 33 |
| 2018/C 5/45 | Case T-458/16: Judgment of the General Court of 16 November 2017 — Acquafarm v Commission (Non-contractual liability — Fisheries — Operational programme financed by the European Union — EU rules prohibiting imports of crustaceans from Australia — Sufficiently serious breach of a rule of law conferring rights on individuals — Omission to act — Legitimate expectations) | 34 |
| 2018/C 5/46 | Case T-555/16: Judgment of the General Court of 17 November 2017 — Teeäär v ECB (Civil service — ECB Staff — Career transition Support — Lack of competence of the author of an act adversely affecting a party — Rules of sound administration in the management of staff — Material and non-material damage) | 35 |
| 2018/C 5/47 | Case T-586/16: Judgment of the General Court of 14 November 2017 — Vincenti v EUIPO (Civil service — Officials — Promotion — 2015 promotion exercise — Lack of staff reports as a result of sick leave — General provisions for implementing Article 45 of the Staff Regulations) | 35 |
| 2018/C 5/48 | Case T-667/16 P: Judgment of the General Court of 14 November 2017 — De Meyer and Others v Commission (Appeal — Civil service — Officials — Promotion — 2014 promotion exercise — List of officials proposed for promotion by the Directors-General and heads of service — Omission of the appellants’ names — Obligation to state reasons — No error of law — No distortion of the evidence — Application for the recusal of a judge) | 36 |
| 2018/C 5/49 | Case T-668/16 P: Judgment of the General Court of 14 November 2017 — HL v Commission (Appeal — Civil service — Officials — Promotion — 2014 promotion exercise — List of officials proposed for promotion by the Directors-General and heads of service — Omission of the appellant’s name — Obligation to state reasons — No error of law — No distortion of the evidence — Application for the recusal of a judge) | 37 |
| 2018/C 5/50 | Case T-684/16: Judgment of the General Court of 17 November 2017 — Ciarko v EUIPO — Maan (cooker hood) (Community design — Invalidity proceedings — Registered Community design representing a cooker hood — Earlier Community design — Ground for invalidity — Lack of individual character — Informed user — Degree of freedom of the designer — No different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002) | 37 |
| 2018/C 5/51 | Case T-722/16: Judgment of the General Court of 16 November 2017 — Mapei v EUIPO — Steenfabrieken Vandersanden (zerø) (EU trademark — Opposition proceedings — Application for the EU figurative mark zerø — Earlier EU word mark ZERO — 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)) | 38 |
| 2018/C 5/52 | Case T-723/16: Judgment of the General Court of 16 November 2017 — Mapei v EUIPO — Steenfabrieken Vandersanden (RE-CONzerø) (EU trade mark — Opposition proceedings — Application for EU figurative mark RE-CONzerø — Earlier EU word mark ZERO — 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) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001)) | 39 |
| 2018/C 5/53 | Case T-767/16: Judgment of the General Court of 16 November 2017 — Nanogate v EUIPO (metals) (European Union trade mark — Application for EU figurative mark metals — 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)) | 39 |
| 2018/C 5/54 | Case T-802/16: Judgment of the General Court of 17 November 2017 — Endoceutics v EUIPO — Merck (FEMIBION) (EU trade mark — Revocation proceedings — EU word mark FEMIBION — Partial revocation — Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) — Proof of genuine use of the mark — Classification of the goods in respect of which genuine use has been shown) | 40 |
| 2018/C 5/55 | Case T-194/13 OST: Order of the General Court of 18 October 2017 — United Parcel Service v Commission (Article 165 of the Rules of Procedure — Failure to adjudicate — Intervention in support of the unsuccessful party — Costs associated with the intervention — Amendment of the form of order sought in the course of proceeding) | 41 |
| 2018/C 5/56 | Case T-511/14: Order of the General Court of 25 October 2017 — Novartis Europharm v Commission (Medicinal products for human use — Marketing authorisation for the medicinal product Zoledronic acid Teva Generics — Zoledronic acid — Period of protection of the medicinal product Aclasta containing the active substance zoledronic acid — Withdrawal of the contested measure — No need to adjudicate) | 42 |
| 2018/C 5/57 | Case T-570/15: Order of the General Court of 26 October 2017 — Federcaccia della Regione Liguria and Others v Commission (Environment — Conservation of wild birds — Species which may be hunted — Conditions to be complied with by national laws on hunting — Harmonisation of the criteria for the application of Article 7(4) of Directive 2009/147/EC — Closed period of hunting in Liguria) | 42 |
| 2018/C 5/58 | Case T-833/16: Order of the General Court of 23 October 2017 — Karp v Parliament (Action for annulment and for damages — Civil service — Members of the contract staff — Classification — Article 90(2) of the Staff Regulations — Act not open to challenge — Preparatory act — Premature complaint — Failure to follow the pre-litigation procedure — Inadmissibility) | 43 |
| 2018/C 5/59 | Case T-619/17: Action brought on 9 September 2017 — de la Fuente Martín and Others v SRB | 44 |
| 2018/C 5/60 | Case T-653/17: Action brought on 26 September 2017 — Relea Álvarez and Others v SRB | 44 |
| 2018/C 5/61 | Case T-666/17: Action brought on 29 September 2017 — NeoCell v EUIPO (BIOACTIVE NEOCELL COLLAGEN) | 45 |
| 2018/C 5/62 | Case T-687/17: Action brought on 5 October 2017 — Vendrell Marti v SRB | 46 |
| 2018/C 5/63 | Case T-690/17: Action brought on 5 October 2017 — Uluru and Others v Commission and SRB | 46 |
| 2018/C 5/64 | Case T-697/17: Action brought on 4 October 2017 — De Longhi Benelux v EUIPO (COOKING CHEF GOURMET) | 47 |
| 2018/C 5/65 | Case T-700/17: Action brought on 5 October 2017 — Traviacar and Others v SRB | 48 |
| 2018/C 5/66 | Case T-701/17: Action brought on 5 October 2017 — OCU v SRB | 48 |
| 2018/C 5/67 | Case T-706/17: Action brought on 11 October 2017 — UP v Commission | 49 |
| 2018/C 5/68 | Case T-739/17: Action brought on 7 November 2017 — Euracoal and Others v Commission | 50 |
| 2018/C 5/69 | Case T-307/15: Order of the General Court of 23 October 2017 — 1&1 Telecom v Commission | 51 |
| 2018/C 5/70 | Case T-595/16: Order of the General Court of 7 November 2017 — HO v EEAS | 52 |

V   Announcements

COURT PROCEEDINGS

Court of Justice

2018/C 5/02

Case C-98/15: Judgment of the Court (Fifth Chamber) of 9 November 2017 (request for a preliminary ruling from the Juzgado de lo Social No 33 de Barcelona (Spain)) — María Begoña Espadas Recio v Servicio Público de Empleo Estatal (SPEE) (Reference for a preliminary ruling — Directive 97/81/EC — Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC — Clause 4 — Male and female workers — Equal treatment in matters of social security — Directive 79/7/EEC — Article 4 — ‘Vertical’ part-time worker — Unemployment benefit — National legislation excluding days not worked from the contribution period for the purpose of establishing the duration of the benefit)

2

2018/C 5/03

Case C-489/15: Judgment of the Court (Fifth Chamber) of 9 November 2017 (request for a preliminary ruling from the Landgericht Berlin (Germany)) — CTL Logistics GmbH v DB Netz AG (Reference for a preliminary ruling — Rail transport — Directive 2001/14/EC — Infrastructure charges — Pricing — National regulatory body monitoring the conformity of those infrastructure charges with that directive — Contract for use of infrastructure concluded between a railway infrastructure manager and a railway undertaking — Principle of non-discrimination — Reimbursement of the charges without intervention by that body and outside the claims procedures involving it — National legislation enabling the civil courts to set a fair amount in the case of unfair charges)

3

2018/C 5/04

Case C-649/15 P: Judgment of the Court (First Chamber) of 9 November 2017 — TV2/Danmark A/S v European Commission, Kingdom of Denmark, Viasat Broadcasting UK Ltd (Appeal — State aid — Article 107(1) TFEU — Public broadcasting service — Measures implemented by the Danish authorities in favour of the Danish broadcaster TV2/Danmark — Concept of ‘aid granted by a Member State or through State resources’ — Judgment in Altmark)

3

2018/C 5/05

Case C-656/15 P: Judgment of the Court (First Chamber) of 9 November 2017 — European Commission v TV2/Danmark A/S, Kingdom of Denmark, Viasat Broadcasting UK Ltd (Appeal — State aid — Article 107(1) TFEU — Public broadcasting service — Measures implemented by the Danish authorities in favour of the Danish broadcaster TV2/Danmark — Concept of ‘aid granted by a Member State or through State resources’s)

4

2018/C 5/06

Case C-657/15 P: Judgment of the Court (First Chamber) of 9 November 2017 — Viasat Broadcasting UK Ltd v TV2/Danmark A/S (Appeal — State aid — Article 107(1) TFEU — Public broadcasting service — Measures implemented by the Danish authorities in favour of the Danish broadcaster TV2/Danmark — Concept of ‘aid granted by a Member State or through State resources’ — Judgment in Altmark)

5

2018/C 5/07

Case C-46/16: Judgment of the Court (Fifth Chamber) of 9 November 2017 (request for a preliminary ruling from the Augstākā tiesa — Latvia) — Valsts ieņēmumu dienests v ‘LS Customs Services’ SIA (Reference for a preliminary ruling — Customs union — Regulation (EEC) No 2913/92 — Community Customs Code — Non-Community goods — External Community customs transit procedure — Unlawful removal from customs supervision of goods liable to import duties — Determination of the customs value — Article 29(1) — Conditions for the application of the transaction value method — Articles 30 and 31 — Choice of the method for determining the customs value — Obligation imposed upon the customs authorities to state reasons for the chosen method)

6

2018/C 5/08

Case C-204/16 P: Judgment of the Court (Ninth Chamber) of 9 November 2017 — SolarWorld AG v Brandoni solare SpA, Solaria Energia y Medio Ambiente, SA, Council of the European Union, European Commission, China Chamber of Commerce for Import and Export of Machinery and Electronic Products (CCCME) (Appeal — Dumping — Implementing Regulation (EU) No 1238/2013 — Article 3 — Imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China — Definitive anti-dumping duty — Exemption of imports covered by an accepted undertaking — Severability)

7

2018/C 5/09

Case C-205/16 P: Judgment of the Court (Ninth Chamber) of 9 November 2017 — SolarWorld AG v Brandoni solare SpA, Solaria Energia y Medio Ambiente, SA, Council of the European Union, European Commission, China Chamber of Commerce for Import and Export of Machinery and Electronic Products (CCCME) (Appeal — Subsidies — Implementing Regulation (EU) No 1239/2013 — Article 2 — Imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China — Definitive countervailing duty — Exemption of imports covered by an accepted undertaking — Severability)

7

2018/C 5/10

Case C-217/16: Judgment of the Court (Third Chamber) of 9 November 2017 (request for a preliminary ruling from the Efeteio Athinon (Greece)) — European Commission v Dimos Zagoriou (Reference for a preliminary ruling — Enforceable decision of the European Commission ordering the recovery of sums paid — Article 299 TFEU — Enforcement — Implementing measures — Identification of the competent national court to hear disputes regarding enforcement — Identification of the person on whom the pecuniary obligation rests — Conditions for application of the national procedural rules — Procedural autonomy of the Member States — Principles of equivalence and effectiveness)

8

2018/C 5/11

Case C-227/16: Judgment of the Court (Tenth Chamber) of 9 November 2017 (reference for a preliminary ruling from the Gerechtshof Arnhem-Leeuwaarden — Netherlands) — Jan Theodorus Arts v Veevoederbedrijf Alpuro BV (Reference for a preliminary ruling — Agriculture — Common agricultural policy — Regulation (EC) No 73/2009 — Single payment scheme — Veal farmer who concluded an integration contract — Contractual term under which the single payment is payable to the integration undertaking — Whether permissible)

9

2018/C 5/12

Case C-298/16: Judgment of the Court (Third Chamber) of 9 November 2017 (request for a preliminary ruling from the Curtea de Apel Cluj — Romania) — Teodor Ispas, Anduţa Ispas v Direcţia Generală a Finanţelor Publice Cluj (Reference for a preliminary ruling — General principles of EU law — Right to good administration and rights of the defence — National tax rules providing for the right to be heard and the right to be informed during an administrative tax procedure — Decision to levy value added tax issued by the national tax authorities without giving the taxpayer access to the information and the documents upon which that decision was based)

10

2018/C 5/13

Case C-306/16: Judgment of the Court (Second Chamber) of 9 November 2017 (reference for a preliminary ruling from the Tribunal da Relação do Porto — Portugal) — António Fernando Maio Marques da Rosa v Varzim Sol — Turismo, Jogo e Animação, SA (Reference for a preliminary ruling — Protection of the safety and health of workers — Directive 2003/88/EC — Article 5 — Weekly rest period — National legislation providing for at least one rest day per seven-day period — Periods of more than six consecutive working days)

10

2018/C 5/14

Case C-423/16 P: Judgment of the Court (First Chamber) of 9 November 2017 — HX v Council of the European Union (Appeal — Common foreign and security policy — Restrictive measures against the Syrian Arab Republic — Restrictive measures against a person listed in an annex to a decision — Extension of the validity of that decision during proceedings before the General Court of the European Union — Request to modify the application in the course of the hearing and not by a separate document — Article 86 of the Rules of Procedure of the General Court — Bulgarian language version — Annulment by the General Court of the original decision placing the person concerned on the list of persons subject to restrictive measures — Expiry of the extension decision — Continuation of the interest in bringing legal proceedings in relation to the modification of the application)

11

2018/C 5/15

Case C-481/16: Judgment of the Court (Sixth Chamber) of 9 November 2017 — European Commission v Hellenic Republic (Failure of a Member State to fulfil obligations — State aid — Aid declared unlawful and incompatible with the internal market — Obligation to recover — Obligation to provide information — Non-implementation — Pleas in defence — Absolute impossibility of implementation)

12

2018/C 5/16

Case C-499/16: Judgment of the Court (Sixth Chamber) of 9 November 2017 (reference for a preliminary ruling from the Naczelny Sąd Administracyjny — Poland) — AZ v Minister Finansów (Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 98 — Discretion of the Member States to apply a reduced rate to certain supplies of goods and services — Annexe III, point 1 — Foodstuffs — Pastry goods and cakes — Best-before date or use-by date — Principle of fiscal neutrality)

12

2018/C 5/17

Case C-552/16: Judgment of the Court (Sixth Chamber) of 9 November 2017 (reference for a preliminary ruling from the Administrativen sad Sofia-grad — Bulgaria) — ‘Wind Inovation 1’ EOOD, in liquidation v Direktor na Direktsia ‘Obzhalvane i danachno-osiguritelna praktika’ — Sofia (Reference for a preliminary ruling — Taxation — Common system of value added tax — Directive 2006/112/EC — Dissolution of a company resulting in its removal from the value added tax (VAT) register — Obligation to calculate VAT on available assets and to pay the VAT calculated to the State — Maintenance or amendment of the law existing on the date of accession to the European Union — Second paragraph of Article 176 — Effect on the right to deduct — Article 168)

13

2018/C 5/18

Case C-641/16: Judgment of the Court (First Chamber) of 9 November 2017 (request for a preliminary ruling from the Cour de cassation — France) — Tünkers France, Tünkers Maschinenbau GmbH v Expert France (Reference for a preliminary ruling — Insolvency proceedings — Regulation (EC) No 1346/2000 — Court having jurisdiction — Action for unfair competition brought in the context of insolvency proceedings — Action brought by a company having its registered office in another Member State against the assignee of part of the business of a company subject to insolvency proceedings — Action not part of the proceedings or action deriving directly from those proceedings and closely connected with them)

14

2018/C 5/19

Case C-356/16: Order of the Court (Third Chamber) of 26 October 2017 — (request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel — Belgium) — Criminal proceedings against Wamo BVBA, Luc Cecile Jozef Van Mol (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Directive 2005/29/EC — Unfair commercial practices — National legislation prohibiting the advertising of procedures relating to plastic surgery or non-surgical plastic medicine)

14

2018/C 5/20

Case C-474/16: Order of the Court (Sixth Chamber) of 24 October 2017 — (request for a preliminary ruling from the Cour d’appel de Colmar — France) — Criminal proceedings against Belu Dienstleistung GmbH & Co KG and Stefan Nikless (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Identical questions referred for a preliminary ruling — Coordination of social security systems — Regulation (EC) No 883/2004 — Applicable legislation — A1 certificate — Probative value)

15

2018/C 5/21

Joined Cases C-655/16 and C-656/16: Order of the Court (Eighth Chamber) of 24 October 2017 (requests for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio — Italy) — Hitachi Rail Italy Investments Srl (C-655/16), Finmeccanica SpA (C-656/16) v Commissione Nazionale per le Società e la Borsa (Consob) (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Company law — Directive 2004/25/EC — Takeover bids — Second subparagraph of Article 5(4) — Possibility of changing the price of the offer in specific circumstances and in line with clearly determined criteria — National legislation providing an option for the supervisory authority to increase a takeover bid in the event of collusion between the offeror and the seller)

16

2018/C 5/22

Case C-333/17: Order of the Court (Eighth Chamber) of 26 October 2017 (request for a preliminary ruling from the Tribunal Judicial da Comarca de Braga — Portugal) — Caixa Económica Montepio Geral v Carlos Samuel Pimenta Marinho and Others (Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Articles 21 and 38 — Non-discrimination — Consumer protection — Contract for a bank loan — Question which does not concern a rule of EU law other than those contained in the Charter of Fundamental Rights — Manifest lack of jurisdiction of the Court)

16

2018/C 5/23

Case C-500/17: Request for a preliminary ruling from the Landgericht Frankfurt am Main (Germany) lodged on 18 August 2017 — Thomas Krauss v TUIfly GmbH

17

2018/C 5/24

Case C-515/17 P: Appeal brought on 24 August 2017 by Uniwersytet Wrocławski against the order of the General Court (Eighth Chamber) made on 13 June 2017 in Case T-137/16, Uniwersytet Wrocławski v Research Executive Agency (REA)

17

2018/C 5/25

Case C-556/17: Request for a preliminary ruling from the Pécsi Közigazgatási és Munkaügyi Bíróság (Hungary) lodged on 22 September 2017 — Alekszij Torubarov v Bevándorlási és Menekültügyi Hivatal

18

2018/C 5/26

Case C-561/17 P: Appeal brought on 22 September 2017 by the Republic of Poland against the order of the General Court (Eighth Chamber) of 13 June 2017 in Case T-137/16, Uniwersytet Wrocławski v Research Executive Agency (REA)

18

2018/C 5/27

Case C-584/17 P: Appeal brought on 4 October 2017 by ADR Center SpA against the judgment of the General Court (First Chamber, Extended Composition) delivered on 20 July 2017 in Case T-644/14: ADR Center SpA v European Commission

20

2018/C 5/28

Case C-586/17: Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 6 October 2017 — Staatssecretaris van Veiligheid en Justitie, I., D.

21

2018/C 5/29

Case C-588/17 P: Appeal brought on 9 October 2017 by the Kingdom of Spain against the judgment of the General Court (Sixth Chamber) delivered on 20 July 2017 in Case T-143/15 Kingdom of Spain v European Commission

21

2018/C 5/30

Case C-599/17: Action brought on 16 October 2017 — European Commission v Kingdom of Spain

23

2018/C 5/31

Case C-607/17: Request for a preliminary ruling from the Högsta förvaltningsdomstolen (Sweden) lodged on 24 October 2017 — Skatteverket v Memira Holding AB

23

2018/C 5/32

Case C-608/17: Request for a preliminary ruling from the Högsta förvaltningsdomstolen (Sweden) lodged on 24 October 2017 — Skatteverket v Holmen AB

24

General Court

2018/C 5/33

Case T-75/14: Judgment of the General Court of 16 November 2017 — USFSPEI v Parliament and Council (Action for annulment — Time limit for bringing proceedings — Inadmissibility — Non-contractual liability — Reform of the Staff Regulations and of the CEOS — Regulation (EU, Euratom) No 1023/2013 — Irregularities during the procedure for the adoption of the acts — Failure to consult the Staff Regulations Committee and the staff unions — Sufficiently serious breach of a rule of law intended to confer rights on individuals)

25

2018/C 5/34

Case T-831/14: Judgment of the General Court of 14 November 2017 — Alfamicro v Commission (Arbitration clause — Grant agreement concluded under the Competitiveness and Innovation Framework Programme (CIP) (2007-2013) — Audit report — Eligible costs — Reimbursement of amounts paid — Proportionality — Legitimate expectations — Legal certainty — Principle of good administration — Obligation to state reasons — Amendment of the form of order sought in the course of the proceedings — Set-off of claims — Counterclaim — Default interest)

26

2018/C 5/35

Case T-180/15: Judgment of the General Court of 10 November 2017 — Icap and Others v Commission (Competition — Agreements, decisions and concerted practices — Yen interest rate derivatives sector — Decision finding six infringements of Article 101 TFEU and Article 53 of the EEA Agreement — Manipulation of the JPY LIBOR and Euroyen TIBOR interbank reference rates — Restriction of competition by object — Participation of a broker in the infringements — ‘Hybrid’ settlement procedure — Principle of the presumption of innocence — Principle of sound administration — Fines — Basic amount — Exceptional adjustment — Article 23(2) of Regulation (EC) No 1/2003 — Obligation to state reasons)

26

2018/C 5/36

Case T-229/15: Judgment of the General Court of 16 November 2017 — European Dynamics Luxembourg and Others v EBA (Public service contracts — Tendering procedure — Provision of interim staff for IT services — Rejection of a tenderer’s bid — Obligation to state reasons — Manifest error of assessment)

27

2018/C 5/37

Case T-245/15: Order of the General Court of 8 November 2017 — Klymenko 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 economic resources — Maintenance of the applicant’s name on the list — Duty to state reasons — Legal basis — Manifest error of assessment — Rights of defence — Right to property — Right to reputation — Proportionality — Protection of fundamental rights equivalent to that guaranteed in the European Union — Plea of illegality)

28

2018/C 5/38

Case T-246/15: Judgment of the General Court of 8 November 2017 — Ivanyushchenko 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 economic resources — Maintenance of the applicant’s name on the list — Manifest error of assessment)

29

2018/C 5/39

Case T-263/15: Judgment of the General Court of of 17 November 2017 — Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v Commission (State aid — Airport infrastructure — Public finance granted by the municipalities of Gdynia and Kosakowo in favour of the Gdynia-Kosakowo airport — Decision declaring the aid incompatible with the internal market and ordering its recovery — Withdrawal of a decision — Failure to re-open the formal investigation procedure — Change in the legal regime — Procedural rights of interested parties — Infringement of essential procedural requirements)

30

2018/C 5/40

Case T-668/15: Judgment of the General Court of 10 November 2017 — Jema Energy v Joint Undertaking Fusion for Energy (Public supply contracts — Call for tenders — Supply of the Acceleration Grid Power Supply Conversion System — Rejection of a submitted tender — Transparency — Legal certainty — Equal treatment — Proportionality)

31

2018/C 5/41

Case T-129/16: Judgment of the General Court of 14 November 2017 — Claranet Europe v EUIPO — Claro (claranet) (EU trade mark — Opposition proceedings — Application for the EU figurative mark claranet — Earlier Benelux word mark CLARO — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

31

2018/C 5/42

Case T-271/16: Judgment of the General Court of 8 November 2017 — Pempe v EUIPO — Marshall Amplification (THOMAS MARSHALL GARMENTS OF LEGENDS) (EU trade mark — Opposition proceedings — Application for the EU figurative mark THOMAS MARSHALL GARMENTS OF LEGENDS — Earlier EU word and figurative marks MARSHALL and Marshall AMPLIFICATION — Article 42(2) and (3) of Regulation (EC) No 207/2009 (now Article 47(2) and (3) of Regulation (EU) 2017/1001) — Admissibility of the request for proof of the earlier marks’ genuine use — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

32

2018/C 5/43

Case T-419/16: Judgment of the General Court of 16 November 2017 — Carrera Brands v EUIPO — Autec (Carrera) (EU trade mark — Revocation proceedings — EU word mark Carrera — Article 56(1)(a) of Regulation (EC) No 207/2009 (now Article 63(1)(a) of Regulation (EU) 2017/1001) — Admissibility of the application for revocation — Non-challenge agreement — Decisions of the national courts — Abuse of rights — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1)(a) of Delegated Regulation (EU) 2017/1430) — Application for suspension of the proceedings before EUIPO)

33

2018/C 5/44

Case T-456/16: Judgment of the General Court of 16 November 2017 — Galletas Gullón v EUIPO — HUG (GULLON DARVIDA) (EU trade mark — Opposition proceedings — Application for the EU word mark GULLON DARVIDA — Earlier international and national word marks DAR VIDA — Documents produced for the first time before the Board of Appeal — Discretion granted by Article 76(2) of Regulation (EC) No 207/2009 (now Article 95(2) of Regulation (EU) 2017/1001) — Rule 19(1) and Rule 20(1) of Regulation (EC) No 2868/95 (now Article 7(1) and Article 8(1) and (7) of Delegated Regulation (EU) 2017/1430) — Rule 50(1) of Regulation No 2868/95 — Relative ground for refusal — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001) — Likelihood of confusion)

33

2018/C 5/45

Case T-458/16: Judgment of the General Court of 16 November 2017 — Acquafarm v Commission (Non-contractual liability — Fisheries — Operational programme financed by the European Union — EU rules prohibiting imports of crustaceans from Australia — Sufficiently serious breach of a rule of law conferring rights on individuals — Omission to act — Legitimate expectations)

34

2018/C 5/46

Case T-555/16: Judgment of the General Court of 17 November 2017 — Teeäär v ECB (Civil service — ECB Staff — Career transition Support — Lack of competence of the author of an act adversely affecting a party — Rules of sound administration in the management of staff — Material and non-material damage)

35

2018/C 5/47

Case T-586/16: Judgment of the General Court of 14 November 2017 — Vincenti v EUIPO (Civil service — Officials — Promotion — 2015 promotion exercise — Lack of staff reports as a result of sick leave — General provisions for implementing Article 45 of the Staff Regulations)

35

2018/C 5/48

Case T-667/16 P: Judgment of the General Court of 14 November 2017 — De Meyer and Others v Commission (Appeal — Civil service — Officials — Promotion — 2014 promotion exercise — List of officials proposed for promotion by the Directors-General and heads of service — Omission of the appellants’ names — Obligation to state reasons — No error of law — No distortion of the evidence — Application for the recusal of a judge)

36

2018/C 5/49

Case T-668/16 P: Judgment of the General Court of 14 November 2017 — HL v Commission (Appeal — Civil service — Officials — Promotion — 2014 promotion exercise — List of officials proposed for promotion by the Directors-General and heads of service — Omission of the appellant’s name — Obligation to state reasons — No error of law — No distortion of the evidence — Application for the recusal of a judge)

37

2018/C 5/50

Case T-684/16: Judgment of the General Court of 17 November 2017 — Ciarko v EUIPO — Maan (cooker hood) (Community design — Invalidity proceedings — Registered Community design representing a cooker hood — Earlier Community design — Ground for invalidity — Lack of individual character — Informed user — Degree of freedom of the designer — No different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)

37

2018/C 5/51

Case T-722/16: Judgment of the General Court of 16 November 2017 — Mapei v EUIPO — Steenfabrieken Vandersanden (zerø) (EU trademark — Opposition proceedings — Application for the EU figurative mark zerø — Earlier EU word mark ZERO — 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))

38

2018/C 5/52

Case T-723/16: Judgment of the General Court of 16 November 2017 — Mapei v EUIPO — Steenfabrieken Vandersanden (RE-CONzerø) (EU trade mark — Opposition proceedings — Application for EU figurative mark RE-CONzerø — Earlier EU word mark ZERO — 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) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001))

39

2018/C 5/53

Case T-767/16: Judgment of the General Court of 16 November 2017 — Nanogate v EUIPO (metals) (European Union trade mark — Application for EU figurative mark metals — 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))

39

2018/C 5/54

Case T-802/16: Judgment of the General Court of 17 November 2017 — Endoceutics v EUIPO — Merck (FEMIBION) (EU trade mark — Revocation proceedings — EU word mark FEMIBION — Partial revocation — Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001) — Proof of genuine use of the mark — Classification of the goods in respect of which genuine use has been shown)

40

2018/C 5/55

Case T-194/13 OST: Order of the General Court of 18 October 2017 — United Parcel Service v Commission (Article 165 of the Rules of Procedure — Failure to adjudicate — Intervention in support of the unsuccessful party — Costs associated with the intervention — Amendment of the form of order sought in the course of proceeding)

41

2018/C 5/56

Case T-511/14: Order of the General Court of 25 October 2017 — Novartis Europharm v Commission (Medicinal products for human use — Marketing authorisation for the medicinal product Zoledronic acid Teva Generics — Zoledronic acid — Period of protection of the medicinal product Aclasta containing the active substance zoledronic acid — Withdrawal of the contested measure — No need to adjudicate)

42

2018/C 5/57

Case T-570/15: Order of the General Court of 26 October 2017 — Federcaccia della Regione Liguria and Others v Commission (Environment — Conservation of wild birds — Species which may be hunted — Conditions to be complied with by national laws on hunting — Harmonisation of the criteria for the application of Article 7(4) of Directive 2009/147/EC — Closed period of hunting in Liguria)

42

2018/C 5/58

Case T-833/16: Order of the General Court of 23 October 2017 — Karp v Parliament (Action for annulment and for damages — Civil service — Members of the contract staff — Classification — Article 90(2) of the Staff Regulations — Act not open to challenge — Preparatory act — Premature complaint — Failure to follow the pre-litigation procedure — Inadmissibility)

43

2018/C 5/59

Case T-619/17: Action brought on 9 September 2017 — de la Fuente Martín and Others v SRB

44

2018/C 5/60

Case T-653/17: Action brought on 26 September 2017 — Relea Álvarez and Others v SRB

44

2018/C 5/61

Case T-666/17: Action brought on 29 September 2017 — NeoCell v EUIPO (BIOACTIVE NEOCELL COLLAGEN)

45

2018/C 5/62

Case T-687/17: Action brought on 5 October 2017 — Vendrell Marti v SRB

46

2018/C 5/63

Case T-690/17: Action brought on 5 October 2017 — Uluru and Others v Commission and SRB

46

2018/C 5/64

Case T-697/17: Action brought on 4 October 2017 — De Longhi Benelux v EUIPO (COOKING CHEF GOURMET)

47

2018/C 5/65

Case T-700/17: Action brought on 5 October 2017 — Traviacar and Others v SRB

48

2018/C 5/66

Case T-701/17: Action brought on 5 October 2017 — OCU v SRB

48

2018/C 5/67

Case T-706/17: Action brought on 11 October 2017 — UP v Commission

49

2018/C 5/68

Case T-739/17: Action brought on 7 November 2017 — Euracoal and Others v Commission

50

2018/C 5/69

Case T-307/15: Order of the General Court of 23 October 2017 — 1&1 Telecom v Commission

51

2018/C 5/70

Case T-595/16: Order of the General Court of 7 November 2017 — HO v EEAS

52

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| | Corrigenda |
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| 2018/C 5/71 | Corrigendum to the notice to the Official Journal in Case C-448/17 ( OJ C 382, 13.11.2017 ) | 53 |

Corrigenda

2018/C 5/71

Corrigendum to the notice to the Official Journal in Case C-448/17 ( OJ C 382, 13.11.2017 )

53

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