# Official Journal C 452/8 No

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 452 |
| | |
| English edition | Information and Notices | Volume 648 November 2021 |

ISSN 1977-091X

Official Journal

of the European Union

C 452

English edition

Information and Notices

Volume 648 November 2021

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| Contents | page |
| --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Court of Justice of the European Union |
| 2021/C 452/01 | 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

2021/C 452/01

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 |
| 2021/C 452/02 | Case C-331/21: Request for a preliminary ruling from the Tribunal da Relação de Lisboa (Portugal) lodged on 26 May 2021 — Autoridade da Concorrência EDP — Energias de Portugal, S.A. and Others | 2 |
| 2021/C 452/03 | Case C-411/21: Request for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 5 July 2021 — Instituto do Cinema e do Audiovisual, I.P. v NOWO Communications, S.A. | 4 |
| 2021/C 452/04 | Case C-427/21: Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 14 July 2021 — LD v ALB FILS KLINIKEN GmbH | 5 |
| 2021/C 452/05 | Case C-432/21: Action brought on 15 July 2021 — European Commission v Republic of Poland | 5 |
| 2021/C 452/06 | Case C-436/21: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 15 July 2021 — flightright GmbH v American Airlines, Inc. | 6 |
| 2021/C 452/07 | Case C-443/21: Request for a preliminary ruling from the Curtea de Apel Pitești (Romania) lodged on 19 July 2021 — SC Avicarvil Farms SRL v Ministerul Agriculturii și Dezvoltării Rurale, Agenția pentru Finanțarea Investițiilor Rurale, Agenția de Plăti și Intervenție în Agricultură, Agenția de Plăți și Intervenție în Agricultură — Centrul Județean Vâlcea | 7 |
| 2021/C 452/08 | Case C-448/21: Request for a preliminary ruling from the Tribunal Judicial da Comarca do Porto — Juízo Central Cível (Portugal) lodged on 21 July 2021 — Portugália — Administração de Patrimónios, SGPS, S.A. v Banco BPI | 8 |
| 2021/C 452/09 | Case C-449/21: Request for a preliminary ruling from the Cour d’appel de Paris (France) lodged on 21 July 2021 — Towercast v Autorité de la concurrence, Ministère de l’Économie | 9 |
| 2021/C 452/10 | Case C-455/21: Request for a preliminary ruling from the Tribunalul Olt (Romania) lodged on 23 July 2021 — OZ v Lyoness Europe AG | 9 |
| 2021/C 452/11 | Case C-457/21 P: Appeal brought on 22 July 2021 by the European Commission against the judgment of the General Court (Seventh Chamber, Extended Composition) delivered on 12 May 2021 in Joined Cases T-816/17 and T-318/18, Luxembourg and Amazon v Commission | 10 |
| 2021/C 452/12 | Case C-461/21: Request for a preliminary ruling from the Tribunalul Prahova (Romania) lodged on 27 July 2021 — SC Cartrans Preda SRL v Direcția Generală Regională a Finanțelor Publice Ploiești — Administrația Județeană a Finanțelor Publice Prahova | 12 |
| 2021/C 452/13 | Case C-501/21 P: Appeal brought on 13 August 2021 by Harry Shindler and Others against the order of the General Court (Tenth Chamber, Extended Composition) made on 8 June 2021 in Case T-198/20, Shindler and Others v Council | 13 |
| 2021/C 452/14 | Case C-502/21 P: Appeal brought on 13 August 2021 by David Price against the order of the General Court (Tenth Chamber, Extended Composition) delivered on 8 June 2021 in Case T-231/20, Price v Council | 14 |
| 2021/C 452/15 | Case C-545/21: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 31 August 2021 — ANAS SpA v Ministero delle Infrastrutture e dei Trasporti | 16 |
| | General Court |
| 2021/C 452/16 | Case T-364/15: Judgment of the General Court of 15 September 2021 — ADR Center v Commission (Financial aid — General Programme ‘Fundamental Rights and Justice’ for the period 2007-2013 — Specific Programme ‘Civil Justice’ — Action for annulment — Enforceable decision — Grant agreements — Recovery of part of the financial contribution paid — Action for a declaratory judgment — Arbitration clause — Force majeure — Eligible costs — Proportionality — Obligation to state reasons) | 18 |
| 2021/C 452/17 | Joined Cases T-337/18 and T-347/18: Judgment of the General Court of 15 September 2021 — Laboratoire Pareva and Biotech3D v Commission (Biocidal products — Active substance PHMB (1415; 4.7) — Refusal of approval for product-types 1, 5 and 6 — Conditional approval for product-types 2 and 4 — Risks to human health and the environment — Regulation (EU) No 528/2012 — Article 6(7)(a) and (b) of Delegated Regulation (EU) No 1062/2014 — Harmonised classification of the active substance under Regulation (EC) No 1272/2008 — Prior consultation of the ECHA — Manifest error of assessment — Read-across — Right to be heard) | 18 |
| 2021/C 452/18 | Case T-24/19: Judgment of the General Court of 15 September 2021 — INC and Consorzio Stabile Sis v Commission (State aid — Italian motorways — Prolongation of concessions for the execution of works — Services of general economic interest — Cap on toll charges — Decision not to raise any objections — Article 106(2) TFEU — Actions brought by competitors of the beneficiary — Abandonment by the Member State of the plan to grant aid — Plan not capable of being implemented as approved — Annulment not procuring any advantage to the applicants — No longer any legal interest in bringing proceedings — No need to adjudicate) | 19 |
| 2021/C 452/19 | Case T-193/19: Judgment of the General Court of 8 September 2021 — Achema and Achema Gas Trade v Commission (State aid — Aid to Litgas for the supply of a minimum quantity of LNG to the LNG terminal at the sea port of Klaipėda — Decision not to raise objections — Safeguarding procedural rights — EU framework for State aid in the form of public service compensation — Service of general economic interest — Compensation for a service of general economic interest — Boil-off costs — Balancing costs — Security of supply — Article 14 of Directive 2004/18/EC — Body of consistent evidence) | 20 |
| 2021/C 452/20 | Case T-359/19: Judgment of the General Court of 15 September 2021 — Daimler v Commission (Environment — Regulation (EC) No 443/2009 — Implementing Regulation (EU) No 725/2011 — Implementing Decision (EU) 2015/158 — Implementing Decision (EU) 2019/583 — Carbon dioxide emissions — Test method — Passenger cars) | 21 |
| 2021/C 452/21 | Case T-700/19: Judgment of the General Court of 15 September 2021 — Ghaoud v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Libya — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Restrictions on entry into and transit through the territory of the European Union — List of persons subject to restrictions on entry into and transit through the territory of the European Union — Retention of the applicant’s name on the lists — Obligation to state reasons — Error of assessment — Death of the applicant) | 21 |
| 2021/C 452/22 | Joined Cases T-720/19 to T-725/19: Judgment of the General Court of 15 September 2021 — Ashworth and Others v Parliament (Law governing the institutions — Rules governing the payment of expenses and allowances to Members of the Parliament — Amendment of the additional voluntary pension scheme — Notice fixing additional voluntary pension rights — Plea of illegality — Competence of the Bureau of the Parliament — Rights acquired or in the process of being acquired — Proportionality — Equal treatment — Legal certainty) | 22 |
| 2021/C 452/23 | Case T-852/19: Judgment of the General Court of 15 September 2021 — Albéa Services v EUIPO — dm-drogerie markt (ALBÉA) (EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark ALBÉA — Earlier international registration designating the European Union — Word mark Balea — Relative ground for refusal — Likelihood of confusion — Distinctiveness of the earlier international registration designating the European Union — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)) | 23 |
| 2021/C 452/24 | Case T-85/20: Judgment of the General Court of 8 September 2021 — Qx World v EUIPO — Mandelay (EDUCTOR) (EU trade mark — Invalidity proceedings — EU word mark EDUCTOR — Earlier non-registered mark EDUCTOR — Article 53(1)(b) of Regulation (EC) No 207/2009 (now Article 60(1)(b) of Regulation (EU) 2017/1001) — Article 8(3) of Regulation No 207/2009 (now Article 8(3) of Regulation 2017/1001) — Article 71(1) of Regulation 2017/1001 — Article 72(1) of Regulation 2017/1001 — Article 95(1) of Regulation 2017/1001 — Article 16(1) of Delegated Regulation (EU) 2018/625 — Article 6bis of the Paris Convention) | 24 |
| 2021/C 452/25 | Case T-86/20: Judgment of the General Court of 8 September 2021 — Qx World v EUIPO — Mandelay (SCIO) (EU trade mark — Invalidity proceedings — EU word mark SCIO — Earlier non-registered mark SCIO — Article 53(1)(b) of Regulation (EC) No 207/2009 (now Article 60(1)(b) of Regulation (EU) 2017/1001) — Article 8(3) of Regulation No 207/2009 (now Article 8(3) of Regulation 2017/1001) — Article 71(1) of Regulation 2017/1001 — Article 72(1) of Regulation 2017/1001 — Article 95(1) of Regulation 2017/1001 — Article 16(1) of Delegated Regulation (EU) 2018/625 — Article 6bis of the Paris Convention) | 24 |
| 2021/C 452/26 | Case T-95/20: Judgment of the General Court of 15 September 2021 — Kazembe Musonda v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality) | 25 |
| 2021/C 452/27 | Case T-97/20: Judgment of the General Court of 15 September 2021 — Kande Mumpompa v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality) | 26 |
| 2021/C 452/28 | Case T-101/20: Judgment of the General Court of 15 September 2021 –Ilunga Luyoyo v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality) | 26 |
| 2021/C 452/29 | Case T-102/20: Judgment of the General Court of 15 September 2021 –Kampete v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality) | 27 |
| 2021/C 452/30 | Case T-103/20: Judgment of the General Court of 15 September 2021 –Mutondo v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality) | 28 |
| 2021/C 452/31 | Case T-104/20: Judgment of the General Court of 15 September 2021 — Ramazani Shadary v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality) | 28 |
| 2021/C 452/32 | Case T-105/20: Judgment of the General Court of 15 September 2021 — Ruhorimbere v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality) | 29 |
| 2021/C 452/33 | Case T-106/20: Judgment of the General Court of 15 September 2021 –Amisi Kumba v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality) | 30 |
| 2021/C 452/34 | Case T-107/20: Judgment of the General Court of 15 September 2021 — Boshab v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality) | 30 |
| 2021/C 452/35 | Case T-109/20: Judgment of the General Court 15 September 2021 — Numbi v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality) | 31 |
| 2021/C 452/36 | Case T-110/20: Judgment of the General Court of 15 September 2021 — Kanyama v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality) | 32 |
| 2021/C 452/37 | Case T-127/20: Judgment of the General Court of 15 September 2021 — France v ECHA (REACH — Substance evaluation — Aluminium chloride — Aluminium chloride, basic — Aluminium sulphate — ECHA decisions requesting further information — Article 46(1) of Regulation (EC) No 1907/2006 — Appeal brought before the Board of Appeal — Multiple grounds for the decision of the Board of Appeal — Grounds capable of justifying the decision — Inoperative nature of the pleas directed against the other grounds) | 32 |
| 2021/C 452/38 | Case T-207/20: Judgment of the General Court of 15 September 2021 — Residencial Palladium v EUIPO — Palladium Gestión (PALLADIUM HOTELS & RESORTS) (EU trade mark — Invalidity proceedings — EU figurative mark PALLADIUM HOTELS & RESORTS — Admissibility criteria for an application for a declaration of invalidity — Article 53(4) of Regulation (EC) No 207/2009 (now Article 60(4) of Regulation (EU) 2017/1001) — Article 56(3) of Regulation No 207/2009 (now Article 63(3) of Regulation 2017/1001)) | 33 |
| 2021/C 452/39 | Case T-240/20 to T-245/20: Judgment of the General Court of 15 September 2021 — Arnaoutakis and Others v Parliament (Law governing the institutions — Rules governing the payment of expenses and allowances to Members of the European Parliament — Amendment of the voluntary additional pension scheme — Refusal to grant a voluntary additional pension — Plea of illegality — Competence of the Bureau of the Parliament — Rights acquired and future entitlements — Proportionality — Equal treatment — Legal certainty) | 34 |
| 2021/C 452/40 | Case T-274/20: Judgment of the General Court of 15 September 2021 — MHCS v EUIPO — Lidl Stiftung (Shade of the colour orange) (EU trade mark — Invalidity proceedings — Figurative EU mark depicting a shade of the colour orange — Absolute ground for refusal — Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Examination of the facts of the EUIPO’s own motion — Article 95(1) of Regulation 2017/1001 — Nature of the mark — Colour mark — Right to be heard — Article 94 of Regulation 2017/1001) | 34 |
| 2021/C 452/41 | Case T-331/20: Judgment of the General Court of 15 September 2021 — Laboratorios Ern v EUIPO — Le-Vel Brands (Le-Vel) (EU trade mark — Opposition proceedings — Application for the EU word mark Le-Vel — Earlier national word mark LEVEL — Relative ground for refusal — No likelihood of confusion — No similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)) | 35 |
| 2021/C 452/42 | Case T-377/20: Judgment of the General Court of 1 September 2021 — KN v EESC (Law governing the institutions — Member of the EESC — OLAF investigation into allegations of psychological harassment — Decision to discharge a member from his or her supervisory and personnel management activities — Action for annulment — Challengeable act — Admissibility — Measure taken in the interest of the service — Legal basis — Rights of the defence — Refusal to grant access to the annnexes to the OLAF report — Disclosure of the substance of the witness statements in the form of a summary — Liability) | 36 |
| 2021/C 452/43 | Case T-466/20: Judgment of the General Court of 15 September 2021 — LF v Commission (Civil service — Members of the contract staff — Remuneration — Expatriation allowance — Article 4(1)(b) of Annex VII to the Staff Regulations — Refusal to grant the expatriation allowance — Habitual residence — Duties performed in an international organisation established in the State of employment) | 36 |
| 2021/C 452/44 | Case T-673/20: Judgment of the General Court of 15 September 2021 — Celler Lagravera v EUIPO — Cyclic Beer Farm (Cíclic) (EU trade mark — Opposition proceedings — Application for EU figurative mark Cíclic — Earlier EU word mark CYCLIC — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001) | 37 |
| 2021/C 452/45 | Case T-688/20: Judgment of the General Court of 15 September 2021 — Freshly Cosmetics v EUIPO — Misiego Blázquez (IDENTY BEAUTY) (EU trade mark — Opposition proceedings — Application for EU figurative mark IDENTY BEAUTY — Earlier national figurative mark IDENTITY THE IMAGE CLUB — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001) | 37 |
| 2021/C 452/46 | Case T-702/20: Judgment of the General Court of 15 September 2021 — Beelow v EUIPO (made of wood) (EU trade mark — Application for EU word mark made of wood — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — No distinctive character — Article 7(1)(b) of Regulation 2017/1001) | 38 |
| 2021/C 452/47 | Case T-881/19: Order of the General Court of 9 September 2021 — GABO:mi v Commission (Arbitration clause — Sixth and Seventh Framework Programmes for research, technological development and demonstration activities (2002-2006 and 2007-2013) — ‘Horizon 2020’ Framework Programme for Research and Innovation (2014-2020) — Grant agreements — Set-off of claims — Identification of the defendant — Failure to comply with procedural requirements — Article 76(d) of the Rules of Procedure — Manifest inadmissibility) | 38 |
| 2021/C 452/48 | Case T-277/20: Order of the General Court of 6 September 2021 — MKB Multifunds v Commission (Action for annulment — State aid — Private equity fund — Complaint — Measures allegedly constituting State aid related to Dutch Venture Initiative — Decision adopted at the end of the preliminary procedure for reviewing aid — Decision finding that there is no State aid — Status as an interested party — Safeguarding of procedural rights — Inadmissibility) | 39 |
| 2021/C 452/49 | Case T-387/20: Order of the General Court of 5 August 2021 — DK Company v EUIPO — Hunter Boot (DENIM HUNTER) (EU trade mark — Opposition proceedings — Withdrawal of the application for registration — No need to adjudicate) | 40 |
| 2021/C 452/50 | Case T-691/20: Order of the General Court of 10 September 2021 — Kühne v Parliament (Action for annulment — Civil service — Officials — Mobility regime — Request concerning the mobility obligation — Act not open to challenge — Inadmissibility) | 40 |
| 2021/C 452/51 | Case T-187/21 R: Order of the President of the General Court of 17 September 2021 — Firearms United Network and Others v Commission (Application for interim relief — REACH — Amendment of Annex XVII to Regulation (EC) No 1907/2006 — Restriction on lead and lead compounds — Use of lead shot — Protection of wetlands — Application for suspension of operation of a measure — No urgency) | 41 |
| 2021/C 452/52 | Case T-427/21: Action brought on 13 July 2021 — Trasta Komercbanka v ECB | 41 |
| 2021/C 452/53 | Case T-428/21: Action brought on 13 July 2021 — Fursin and Others v ECB | 42 |
| 2021/C 452/54 | Case T-493/21: Action brought on 6 August 2021 — Equinoccio-Compañía de Comercio Exterior v Commission | 43 |
| 2021/C 452/55 | Case T-558/21: Action brought on 7 September 2021 — Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO — Papouis Dairies (fino) | 44 |
| 2021/C 452/56 | Case T-565/21: Action brought on 8 September 2021 — Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO — Papouis Dairies (Papouis Halloumi) | 44 |
| 2021/C 452/57 | Case T-598/21: Action brought on 20 September 2021 — Euranimi v Commission | 45 |
| 2021/C 452/58 | Case T-599/21: Action brought on 20 September 2021 — bett1.de v EUIPO — XXXLutz Marken (Body-Star) | 46 |
| 2021/C 452/59 | Case T-604/21: Action brought on 21 September 2021 — WP and Others v Commission | 46 |
| 2021/C 452/60 | Case T-475/19: Order of the General Court of 7 September 2021 — Bunzl and Others v Commission | 47 |
| 2021/C 452/61 | Case T-482/19: Order of the General Court of 7 September 2021 — BT Group and Communications Global Network Services v Commission | 47 |
| 2021/C 452/62 | Case T-754/19: Order of the General Court of 7 September 2021 — Stagecoach Group v Commission | 47 |

V   Announcements

COURT PROCEEDINGS

Court of Justice

2021/C 452/02

Case C-331/21: Request for a preliminary ruling from the Tribunal da Relação de Lisboa (Portugal) lodged on 26 May 2021 — Autoridade da Concorrência EDP — Energias de Portugal, S.A. and Others

2

2021/C 452/03

Case C-411/21: Request for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 5 July 2021 — Instituto do Cinema e do Audiovisual, I.P. v NOWO Communications, S.A.

4

2021/C 452/04

Case C-427/21: Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 14 July 2021 — LD v ALB FILS KLINIKEN GmbH

5

2021/C 452/05

Case C-432/21: Action brought on 15 July 2021 — European Commission v Republic of Poland

5

2021/C 452/06

Case C-436/21: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 15 July 2021 — flightright GmbH v American Airlines, Inc.

6

2021/C 452/07

Case C-443/21: Request for a preliminary ruling from the Curtea de Apel Pitești (Romania) lodged on 19 July 2021 — SC Avicarvil Farms SRL v Ministerul Agriculturii și Dezvoltării Rurale, Agenția pentru Finanțarea Investițiilor Rurale, Agenția de Plăti și Intervenție în Agricultură, Agenția de Plăți și Intervenție în Agricultură — Centrul Județean Vâlcea

7

2021/C 452/08

Case C-448/21: Request for a preliminary ruling from the Tribunal Judicial da Comarca do Porto — Juízo Central Cível (Portugal) lodged on 21 July 2021 — Portugália — Administração de Patrimónios, SGPS, S.A. v Banco BPI

8

2021/C 452/09

Case C-449/21: Request for a preliminary ruling from the Cour d’appel de Paris (France) lodged on 21 July 2021 — Towercast v Autorité de la concurrence, Ministère de l’Économie

9

2021/C 452/10

Case C-455/21: Request for a preliminary ruling from the Tribunalul Olt (Romania) lodged on 23 July 2021 — OZ v Lyoness Europe AG

9

2021/C 452/11

Case C-457/21 P: Appeal brought on 22 July 2021 by the European Commission against the judgment of the General Court (Seventh Chamber, Extended Composition) delivered on 12 May 2021 in Joined Cases T-816/17 and T-318/18, Luxembourg and Amazon v Commission

10

2021/C 452/12

Case C-461/21: Request for a preliminary ruling from the Tribunalul Prahova (Romania) lodged on 27 July 2021 — SC Cartrans Preda SRL v Direcția Generală Regională a Finanțelor Publice Ploiești — Administrația Județeană a Finanțelor Publice Prahova

12

2021/C 452/13

Case C-501/21 P: Appeal brought on 13 August 2021 by Harry Shindler and Others against the order of the General Court (Tenth Chamber, Extended Composition) made on 8 June 2021 in Case T-198/20, Shindler and Others v Council

Shindler and Others

Council

13

2021/C 452/14

Case C-502/21 P: Appeal brought on 13 August 2021 by David Price against the order of the General Court (Tenth Chamber, Extended Composition) delivered on 8 June 2021 in Case T-231/20, Price v Council

14

2021/C 452/15

Case C-545/21: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 31 August 2021 — ANAS SpA v Ministero delle Infrastrutture e dei Trasporti

16

General Court

2021/C 452/16

Case T-364/15: Judgment of the General Court of 15 September 2021 — ADR Center v Commission (Financial aid — General Programme ‘Fundamental Rights and Justice’ for the period 2007-2013 — Specific Programme ‘Civil Justice’ — Action for annulment — Enforceable decision — Grant agreements — Recovery of part of the financial contribution paid — Action for a declaratory judgment — Arbitration clause — Force majeure — Eligible costs — Proportionality — Obligation to state reasons)

18

2021/C 452/17

Joined Cases T-337/18 and T-347/18: Judgment of the General Court of 15 September 2021 — Laboratoire Pareva and Biotech3D v Commission (Biocidal products — Active substance PHMB (1415; 4.7) — Refusal of approval for product-types 1, 5 and 6 — Conditional approval for product-types 2 and 4 — Risks to human health and the environment — Regulation (EU) No 528/2012 — Article 6(7)(a) and (b) of Delegated Regulation (EU) No 1062/2014 — Harmonised classification of the active substance under Regulation (EC) No 1272/2008 — Prior consultation of the ECHA — Manifest error of assessment — Read-across — Right to be heard)

18

2021/C 452/18

Case T-24/19: Judgment of the General Court of 15 September 2021 — INC and Consorzio Stabile Sis v Commission (State aid — Italian motorways — Prolongation of concessions for the execution of works — Services of general economic interest — Cap on toll charges — Decision not to raise any objections — Article 106(2) TFEU — Actions brought by competitors of the beneficiary — Abandonment by the Member State of the plan to grant aid — Plan not capable of being implemented as approved — Annulment not procuring any advantage to the applicants — No longer any legal interest in bringing proceedings — No need to adjudicate)

19

2021/C 452/19

Case T-193/19: Judgment of the General Court of 8 September 2021 — Achema and Achema Gas Trade v Commission (State aid — Aid to Litgas for the supply of a minimum quantity of LNG to the LNG terminal at the sea port of Klaipėda — Decision not to raise objections — Safeguarding procedural rights — EU framework for State aid in the form of public service compensation — Service of general economic interest — Compensation for a service of general economic interest — Boil-off costs — Balancing costs — Security of supply — Article 14 of Directive 2004/18/EC — Body of consistent evidence)

20

2021/C 452/20

Case T-359/19: Judgment of the General Court of 15 September 2021 — Daimler v Commission (Environment — Regulation (EC) No 443/2009 — Implementing Regulation (EU) No 725/2011 — Implementing Decision (EU) 2015/158 — Implementing Decision (EU) 2019/583 — Carbon dioxide emissions — Test method — Passenger cars)

21

2021/C 452/21

Case T-700/19: Judgment of the General Court of 15 September 2021 — Ghaoud v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Libya — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and economic resources — Restrictions on entry into and transit through the territory of the European Union — List of persons subject to restrictions on entry into and transit through the territory of the European Union — Retention of the applicant’s name on the lists — Obligation to state reasons — Error of assessment — Death of the applicant)

21

2021/C 452/22

Joined Cases T-720/19 to T-725/19: Judgment of the General Court of 15 September 2021 — Ashworth and Others v Parliament (Law governing the institutions — Rules governing the payment of expenses and allowances to Members of the Parliament — Amendment of the additional voluntary pension scheme — Notice fixing additional voluntary pension rights — Plea of illegality — Competence of the Bureau of the Parliament — Rights acquired or in the process of being acquired — Proportionality — Equal treatment — Legal certainty)

22

2021/C 452/23

Case T-852/19: Judgment of the General Court of 15 September 2021 — Albéa Services v EUIPO — dm-drogerie markt (ALBÉA) (EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark ALBÉA — Earlier international registration designating the European Union — Word mark Balea — Relative ground for refusal — Likelihood of confusion — Distinctiveness of the earlier international registration designating the European Union — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

23

2021/C 452/24

Case T-85/20: Judgment of the General Court of 8 September 2021 — Qx World v EUIPO — Mandelay (EDUCTOR) (EU trade mark — Invalidity proceedings — EU word mark EDUCTOR — Earlier non-registered mark EDUCTOR — Article 53(1)(b) of Regulation (EC) No 207/2009 (now Article 60(1)(b) of Regulation (EU) 2017/1001) — Article 8(3) of Regulation No 207/2009 (now Article 8(3) of Regulation 2017/1001) — Article 71(1) of Regulation 2017/1001 — Article 72(1) of Regulation 2017/1001 — Article 95(1) of Regulation 2017/1001 — Article 16(1) of Delegated Regulation (EU) 2018/625 — Article 6bis of the Paris Convention)

24

2021/C 452/25

Case T-86/20: Judgment of the General Court of 8 September 2021 — Qx World v EUIPO — Mandelay (SCIO) (EU trade mark — Invalidity proceedings — EU word mark SCIO — Earlier non-registered mark SCIO — Article 53(1)(b) of Regulation (EC) No 207/2009 (now Article 60(1)(b) of Regulation (EU) 2017/1001) — Article 8(3) of Regulation No 207/2009 (now Article 8(3) of Regulation 2017/1001) — Article 71(1) of Regulation 2017/1001 — Article 72(1) of Regulation 2017/1001 — Article 95(1) of Regulation 2017/1001 — Article 16(1) of Delegated Regulation (EU) 2018/625 — Article 6bis of the Paris Convention)

24

2021/C 452/26

Case T-95/20: Judgment of the General Court of 15 September 2021 — Kazembe Musonda v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality)

25

2021/C 452/27

Case T-97/20: Judgment of the General Court of 15 September 2021 — Kande Mumpompa v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality)

26

2021/C 452/28

Case T-101/20: Judgment of the General Court of 15 September 2021 –Ilunga Luyoyo v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality)

26

2021/C 452/29

Case T-102/20: Judgment of the General Court of 15 September 2021 –Kampete v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality)

27

2021/C 452/30

Case T-103/20: Judgment of the General Court of 15 September 2021 –Mutondo v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality)

28

2021/C 452/31

Case T-104/20: Judgment of the General Court of 15 September 2021 — Ramazani Shadary v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality)

28

2021/C 452/32

Case T-105/20: Judgment of the General Court of 15 September 2021 — Ruhorimbere v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality)

29

2021/C 452/33

Case T-106/20: Judgment of the General Court of 15 September 2021 –Amisi Kumba v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality)

30

2021/C 452/34

Case T-107/20: Judgment of the General Court of 15 September 2021 — Boshab v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality)

30

2021/C 452/35

Case T-109/20: Judgment of the General Court 15 September 2021 — Numbi v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality)

31

2021/C 452/36

Case T-110/20: Judgment of the General Court of 15 September 2021 — Kanyama v Council (Common foreign and security policy — Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo — Freezing of funds — Restriction on admission to the territory of the Member States — Retention of the applicant’s name on the lists of persons subject to restrictive measures — Obligation to state reasons — Right to be heard — Proof that inclusion and retention on the lists is well founded — Manifest error of assessment — Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures — Right to private and family life — Presumption of innocence — Proportionality — Plea of illegality)

32

2021/C 452/37

Case T-127/20: Judgment of the General Court of 15 September 2021 — France v ECHA (REACH — Substance evaluation — Aluminium chloride — Aluminium chloride, basic — Aluminium sulphate — ECHA decisions requesting further information — Article 46(1) of Regulation (EC) No 1907/2006 — Appeal brought before the Board of Appeal — Multiple grounds for the decision of the Board of Appeal — Grounds capable of justifying the decision — Inoperative nature of the pleas directed against the other grounds)

32

2021/C 452/38

Case T-207/20: Judgment of the General Court of 15 September 2021 — Residencial Palladium v EUIPO — Palladium Gestión (PALLADIUM HOTELS & RESORTS) (EU trade mark — Invalidity proceedings — EU figurative mark PALLADIUM HOTELS & RESORTS — Admissibility criteria for an application for a declaration of invalidity — Article 53(4) of Regulation (EC) No 207/2009 (now Article 60(4) of Regulation (EU) 2017/1001) — Article 56(3) of Regulation No 207/2009 (now Article 63(3) of Regulation 2017/1001))

33

2021/C 452/39

Case T-240/20 to T-245/20: Judgment of the General Court of 15 September 2021 — Arnaoutakis and Others v Parliament (Law governing the institutions — Rules governing the payment of expenses and allowances to Members of the European Parliament — Amendment of the voluntary additional pension scheme — Refusal to grant a voluntary additional pension — Plea of illegality — Competence of the Bureau of the Parliament — Rights acquired and future entitlements — Proportionality — Equal treatment — Legal certainty)

34

2021/C 452/40

Case T-274/20: Judgment of the General Court of 15 September 2021 — MHCS v EUIPO — Lidl Stiftung (Shade of the colour orange) (EU trade mark — Invalidity proceedings — Figurative EU mark depicting a shade of the colour orange — Absolute ground for refusal — Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EU) 2017/1001) — Examination of the facts of the EUIPO’s own motion — Article 95(1) of Regulation 2017/1001 — Nature of the mark — Colour mark — Right to be heard — Article 94 of Regulation 2017/1001)

34

2021/C 452/41

Case T-331/20: Judgment of the General Court of 15 September 2021 — Laboratorios Ern v EUIPO — Le-Vel Brands (Le-Vel) (EU trade mark — Opposition proceedings — Application for the EU word mark Le-Vel — Earlier national word mark LEVEL — Relative ground for refusal — No likelihood of confusion — No similarity of the goods and services — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

35

2021/C 452/42

Case T-377/20: Judgment of the General Court of 1 September 2021 — KN v EESC (Law governing the institutions — Member of the EESC — OLAF investigation into allegations of psychological harassment — Decision to discharge a member from his or her supervisory and personnel management activities — Action for annulment — Challengeable act — Admissibility — Measure taken in the interest of the service — Legal basis — Rights of the defence — Refusal to grant access to the annnexes to the OLAF report — Disclosure of the substance of the witness statements in the form of a summary — Liability)

36

2021/C 452/43

Case T-466/20: Judgment of the General Court of 15 September 2021 — LF v Commission (Civil service — Members of the contract staff — Remuneration — Expatriation allowance — Article 4(1)(b) of Annex VII to the Staff Regulations — Refusal to grant the expatriation allowance — Habitual residence — Duties performed in an international organisation established in the State of employment)

36

2021/C 452/44

Case T-673/20: Judgment of the General Court of 15 September 2021 — Celler Lagravera v EUIPO — Cyclic Beer Farm (Cíclic) (EU trade mark — Opposition proceedings — Application for EU figurative mark Cíclic — Earlier EU word mark CYCLIC — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)

37

2021/C 452/45

Case T-688/20: Judgment of the General Court of 15 September 2021 — Freshly Cosmetics v EUIPO — Misiego Blázquez (IDENTY BEAUTY) (EU trade mark — Opposition proceedings — Application for EU figurative mark IDENTY BEAUTY — Earlier national figurative mark IDENTITY THE IMAGE CLUB — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)

37

2021/C 452/46

Case T-702/20: Judgment of the General Court of 15 September 2021 — Beelow v EUIPO (made of wood) (EU trade mark — Application for EU word mark made of wood — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001 — No distinctive character — Article 7(1)(b) of Regulation 2017/1001)

38

2021/C 452/47

Case T-881/19: Order of the General Court of 9 September 2021 — GABO:mi v Commission (Arbitration clause — Sixth and Seventh Framework Programmes for research, technological development and demonstration activities (2002-2006 and 2007-2013) — ‘Horizon 2020’ Framework Programme for Research and Innovation (2014-2020) — Grant agreements — Set-off of claims — Identification of the defendant — Failure to comply with procedural requirements — Article 76(d) of the Rules of Procedure — Manifest inadmissibility)

38

2021/C 452/48

Case T-277/20: Order of the General Court of 6 September 2021 — MKB Multifunds v Commission (Action for annulment — State aid — Private equity fund — Complaint — Measures allegedly constituting State aid related to Dutch Venture Initiative — Decision adopted at the end of the preliminary procedure for reviewing aid — Decision finding that there is no State aid — Status as an interested party — Safeguarding of procedural rights — Inadmissibility)

39

2021/C 452/49

Case T-387/20: Order of the General Court of 5 August 2021 — DK Company v EUIPO — Hunter Boot (DENIM HUNTER) (EU trade mark — Opposition proceedings — Withdrawal of the application for registration — No need to adjudicate)

40

2021/C 452/50

Case T-691/20: Order of the General Court of 10 September 2021 — Kühne v Parliament (Action for annulment — Civil service — Officials — Mobility regime — Request concerning the mobility obligation — Act not open to challenge — Inadmissibility)

40

2021/C 452/51

Case T-187/21 R: Order of the President of the General Court of 17 September 2021 — Firearms United Network and Others v Commission (Application for interim relief — REACH — Amendment of Annex XVII to Regulation (EC) No 1907/2006 — Restriction on lead and lead compounds — Use of lead shot — Protection of wetlands — Application for suspension of operation of a measure — No urgency)

41

2021/C 452/52

Case T-427/21: Action brought on 13 July 2021 — Trasta Komercbanka v ECB

41

2021/C 452/53

Case T-428/21: Action brought on 13 July 2021 — Fursin and Others v ECB

42

2021/C 452/54

Case T-493/21: Action brought on 6 August 2021 — Equinoccio-Compañía de Comercio Exterior v Commission

43

2021/C 452/55

Case T-558/21: Action brought on 7 September 2021 — Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO — Papouis Dairies (fino)

44

2021/C 452/56

Case T-565/21: Action brought on 8 September 2021 — Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO — Papouis Dairies (Papouis Halloumi)

44

2021/C 452/57

Case T-598/21: Action brought on 20 September 2021 — Euranimi v Commission

45

2021/C 452/58

Case T-599/21: Action brought on 20 September 2021 — bett1.de v EUIPO — XXXLutz Marken (Body-Star)

46

2021/C 452/59

Case T-604/21: Action brought on 21 September 2021 — WP and Others v Commission

46

2021/C 452/60

Case T-475/19: Order of the General Court of 7 September 2021 — Bunzl and Others v Commission

47

2021/C 452/61

Case T-482/19: Order of the General Court of 7 September 2021 — BT Group and Communications Global Network Services v Commission

47

2021/C 452/62

Case T-754/19: Order of the General Court of 7 September 2021 — Stagecoach Group v Commission

47

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