ddrg/super_eurlex huggingface dataset:
Official Journal of the European Union

Judgment of the General Court of 28 November 2019 — Mélin v Parliament

(Case T-726/18) ( (1))

(Law governing the institutions - Rules governing expenses and allowances payable to Members of the European Parliament - Parliamentary assistance allowance - Recovery of sums unduly paid - Obligation to state reasons - Failure to provide the annex to the decision ordering recovery)

(2020/C 27/40)

Language of the case: French

Parties

Applicant: Joëlle Melin (Aubagne, France) (represented by: F. Wagner, lawyer)

Defendant: European Parliament (represented by: S. Seyr and M. Ecker, acting as Agents)

Re:

Action based on Article 263 TFEU seeking annulment of the Decision of the Secretary General of the Parliament of 4 October 2018 concerning the recovery from the applicant of a sum of EUR 130 339,35 unduly paid as parliamentary assistance and the corresponding debit note of 10 October 2018.

Operative part of the judgment

The Court:

1) Annuls the decision of the Secretary General of the European Parliament of 4 October 2018 concerning the recovery from Joëlle Mélin of a sum of EUR 130 339,35 unduly paid as parliamentary assistance and of the corresponding debit note of 10 October 2018;

2) Orders the Parliament to pay the costs.

(1) (1) OJ C 65, 18.2.2019.
Judgment of the General Court of 21 November 2019 — Bruno v Commission

(Case T-241/18) (1)

(Civil service - Members of the temporary staff - Pension scheme - Severance grant - Payments to a national or private pension scheme since taking up duties - Pension rights acquired previously under a national scheme - Article 11(1) and Article 12(2) of Annex VIII to the Staff Regulations - Plea of illegality - Equal treatment)

(2020/C 10/41)

Language of the case: French

Parties

Applicant: Luigi Bruno (Woluwe-Saint-Pierre, Belgium) (represented by: N. de Montigny, lawyer)

Defendant: European Commission (represented by: B. Mongin and R. Strian, acting as Agents)

Interveners in support of the defendant: European Parliament (represented by: C. Gonzalez Argüelles, T. Lazian and J. Van Pottelberge, acting as Agents), Council of the European Union (represented by: M. Bauer and R. Meyer, acting as Agents)

Re:

Application under Article 270 TFEU seeking annulment of the decision of the Office for Administration and Payment of Individual Entitlements (PMO) of 4 July 2017 dismissing the request made by the applicant to pay him the severance grant provided for in Article 12(2) of Annex VIII to the Staff Regulations of Officials of the European Union and, alternatively, of the subsequent decision of 18 January 2018 dismissing the complaint lodged by the applicant against that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Luigi Bruno to pay the costs;

3. Orders the European Parliament and the Council of the European Union to bear their own costs.

(1) OJ C 231, 2.7.2018.
Official Journal of the European Union

Judgment of the General Court of 19 December 2019 — Probelte v Commission

(Case T-67/18) (1)

(Plant protection products - Active substance 8-hydroxyquinoline - Request for amendment of the conditions of approval - Procedure for harmonised classification and labelling - Right to be heard - Legitimate expectations - Manifest error of assessment)

(2020/C 61/29)

Language of the case: English

Parties

Applicant: Probelte, SA (Murcia, Spain) (represented by: C. Mereu and S. Saez Moreno, lawyers)

Defendant: European Commission (represented by: A. Lewis, G. Koleva and I. Naglis, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of Commission Implementing Regulation (EU) 2017/2065 of 13 November 2017 confirming the conditions of approval of the active substance 8-hydroxyquinoline, as set out in Implementing Regulation (EU) No 540/2011 and modifying Implementing Regulation (EU) 2015/408 as regards the inclusion of the active substance 8-hydroxyquinoline in the list of candidates for substitution (OJ 2017 L 295, p. 40).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Probelte, SA to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 112, 26.3.2018.
Official Journal of the European Union

Judgment of the General Court of 19 December 2019 — Sta*Ware EDV Beratung v EUIPO — Accelerate IT Consulting (businessNavi)

(Case T-383/18) (1)

(EU trade mark - Revocation proceedings - EU figurative mark businessNavi - Genuine use of the mark - Partial revocation - Article 51(1)(a) and (2) of Regulation (EC) No 207/2009 (now Article 58(1)(a) and (2) of Regulation (EU) 2017/1001))

(2020/C 54/54)

Language of the case: German

Parties

Applicant: Sta*Ware EDV Beratung GmbH (Starnberg, Germany) (represented by: M. Bölling and M. Graf, lawyers)

Defendant: European Union Intellectual Property Office (represented by: S. Hanne, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Accelerate IT Consulting GmbH (Ahlen, Germany) (represented by: H. Hofmann, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 2 May 2018 (Case R 434/2017-5), relating to revocation proceedings between Sta*Ware EDV Beratung and Accelerate IT Consulting.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sta*Ware EDV Beratung GmbH to pay the costs.

(1) OJ C 294, 20.8.2018.
Official Journal of the European Union

Judgment of the General Court of 13 February 2020 — Delta-Sport v EUIPO — Delta Enterprise (DELTA SPORT)

(Case T-387/18) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark DELTA SPORT - Earlier Spanish word mark COLCHON DELTA - Earlier EU figurative mark DELTA - Relative ground for refusal - Similarity of the goods - Similarity of the signs - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2020/C 103/39)

Language of the case: English

Parties

Applicant: Delta-Sport Handelskontor GmbH (Hamburg, Germany) (represented by: M. Krogmann, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Delta Enterprise Corp. (New York, New York, United States) (represented by: M. Decker, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 17 April 2018 (Case R 1894/2017-5) relating to opposition proceedings between Delta Enterprise and Delta-Sport Handelskontor.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Delta-Sport Handelskontor GmbH to pay the costs incurred by EUIPO and Delta Enterprise Corp. in the present proceedings.

(1) OJ C 285, 13.8.2018.
Judgment of the General Court of 29 January 2020 — Aquino and Others v Parliament

(Case T-402/18) (1)

(Civil service - Strike action by interpreters - Measures for the requisition of interpreters adopted by the European Parliament - No legal basis - Liability - Non-material damage)

(2020/C 77/62)

Language of the case: French

Parties

Applicants: Roberto Aquino (Brussels, Belgium) and the 25 and the other applicants whose names are set out in the annex to the judgment (represented by: L. Levi, lawyer)

Defendant: European Parliament (represented by: O. Caisou-Rousseau, T. Lazian and E. Taneva, acting as Agents)

Intervener in support of the defendant: Council of the European Union (represented by: M. Bauer and R. Meyer, acting as Agents)

Re:

Action under Article 270 TFEU seeking, first, annulment of the decision of 2 July 2018 of the Parliament’s Director-General for Personnel requisitioning interpreters and conference interpreters for 3 July 2018 and of the subsequent decisions of the Parliament’s Director-General for Personnel requisitioning interpreters and conference interpreters for 4, 5, 10 and 11 July 2018 and, secondly, compensation for the non-material damage, assessed on an equitable basis at EUR 1 000 per person, which the applicants allegedly suffered as a result of those decisions.

Operative part of the judgment

The Court:

1. Annuls the decision of 2 July 2018 of the Director-General for Personnel of the European Parliament requisitioning interpreters and conference interpreters for 3 July 2018;

2. Orders the Parliament to pay the sum of EUR 500 each to Barbara Carli-Ganotis, Claudine de Seze, Maria Corina Diaconu Olszewski, Maria Provata, Irène Sevastikoglou and Benedetta Tissi;

3. Dismisses the action as to the remainder;

4. Orders the Parliament to bear its own costs and to pay those incurred by the applicants requisitioned by the decision of 2 July 2018, including the costs relating to the interim measures proceedings and those relating to the intervention of the Council of the European Union;

5. Orders the applicants requisitioned by the decisions adopted after the action was brought to bear their own costs;

6. Orders the Council to bear its own costs.

(1) OJ C 364, 8.10.2018.
Official Journal of the European Union

Judgment of the General Court of 12 March 2020 — LL-Carpenter v Commission

(Case T-531/18) (1)

(Competition - Agreements, decisions and concerted practices - Motor vehicle market in the Czech Republic - Decision rejecting a complaint - Article 7 of Regulation (EC) No 773/2004 - Article 13(2) of Regulation (EC) No 1/2003 - Obligation to state reasons)

(2020/C 175/18)

Language of the case: Czech

Parties

Applicant: LL-CARPENTER s. r. o. (Prague, Czech Republic) (represented by: M. Nedelka, lawyer)

Defendant: European Commission (represented by: A. Dawes, M. Farley and K. Walkerová, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2018) 4138 final of 26 June 2018, rejecting the complaint lodged by the applicant regarding infringements of Articles 101 and 102 TFEU allegedly committed by undertakings within the Subaru group in the motor vehicle distribution sector (Case AT.40037 — Carpenter/Subaru).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders LL-CARPENTER s. r. o. to pay the costs.

(1) OJ C 399, 5.11.2018.
Judgment of the General Court of 12 February 2020 — Kazembe Musonda v Council

(Case T-177/18) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Renewal of the listing of the applicant’s name on the list of persons concerned - Obligation to state reasons - Rights of the defence - Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures - Error of law - Manifest error of assessment - Proportionality - Article 76(d) of the Rules of Procedure - Plea of illegality)

(2020/C 103/38)

Language of the case: French

Parties

Applicant: Jean-Claude Kazembe Musonda (Lubumbashi, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, M. Forgeois and A. Guillerme, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix, S. Lejeune and H. Marcos Fraile, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of Council Decision (CFSP) 2017/2282 of 11 December 2017 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2017 L 328, p. 19), in so far as it concerns the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Jean-Claude Kazembe Musonda to pay the costs.

(1) OJ C 161, 7.5.2018.
Judgment of the General Court of 29 April 2020 — Intercontact Budapest v CdT

(Case T-640/18) (1)

(Public service contracts - Tendering procedure - Provision of translation services of texts in the financial and banking fields from English into Hungarian - Ranking of a tenderer - Article 113(2) and (3) of Regulation (EU, Euratom) No 966/2012 - Obligation to state reasons - Tender price of the highest ranked tenderers - Refusal of disclosure)

(2020/C 215/41)

Language of the case: Hungarian

Parties

Applicant: Intercontact Budapest Fordító és Pénzügyi Tanácsadó Kft. (Intercontact Budapest Kft.) (Budapest, Hungary) (represented by: É. Subasicz, lawyer)

Defendant: Translation Centre for the Bodies of the European Union (CdT) (represented by: M. Garnier, acting as Agent)

Re:

Application based on Article 263 TFEU seeking, in essence, the annulment of the decision of the CdT of 29 August 2018 ranking the applicant’s bid in fifth position in the ranking of successful tenderers according to the cascade mechanism concerning Lot No 12 of contract notice FL/FIN 17.

Operative part of the judgment

The Court:

1. Annuls the decision of the Translation Centre for the Bodies of the European Union (CdT) of 29 August 2018 classifying the tender of Intercontact Budapest Fordító és Pénzügyi Tanácsadó Kft. (Intercontact Budapest Kft.) in fifth place in the ranking of successful tenderers according to the cascade mechanism concerning Lot No 12 of contract notice FL/FIN 17.

2. Dismisses the remaining heads of claim in the application.

3. Orders the CdT to pay the costs.

(1) OJ C 4, 7.1.2019.
Judgment of the General Court of 29 April 2020 — Tilly-Sabco v Council and Commission

(Case T-707/18) (1)

(Agriculture - Export refunds - Poultrymeat - Regulation (EU) 2018/1277 adopted following the annulment of Implementing Regulation (EU) No 689/2013 by a judgment of the Court of Justice - Competence of the author of the act - Abuse of process - Obligation to state reasons - Non-contractual liability - Sufficiently serious breach of a rule of law conferring rights on individuals - Damage)

(2020/C 209/30)

Language of the case: French

Parties

Applicant: Tilly-Sabco (Guerlesquin, France) (represented by: R. Milchior and S. Charbonnel, lawyers)

Defendants: Council of the European Union (represented by: D. Komilaki and M. Alver, acting as Agents), European Commission (represented by: A. Lewis and B. Hofstötter, acting as Agents)

Re:

First, application based on Article 263 TFEU seeking annulment of Council Regulation (EU) 2018/1277 of 18 September 2018 on fixing the export refunds on poultrymeat (OJ 2018 L 239, p. 1), and, second, application based on Article 268 TFEU seeking compensation for the damage allegedly suffered by the applicant as a result of fixing those export refunds at zero for the period 19 July to 31 December 2013.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Tilly-Sabco to pay the costs.

(1) OJ C 54, 11.2.2019.
Judgment of the General Court of 8 July 2020 –Neda Industrial Group v Council

(Case T-490/18) (1)

(Common foreign and security policy - Restrictive measures taken against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Retention of the applicant’s name on the lists of persons, entities and bodies subject to the freezing of funds and economic resources - Obligation to state reasons - Error of law - Error of assessment - Temporal adjustment of the effects of an annulment)

(2020/C 339/13)

Language of the case: English

Parties

Applicant: Neda Industrial Group (Tehran, Iran) (represented by: L. Vidal, lawyer)

Defendant: Council of the European Union (represented by: V. Piessevaux and M. Bishop, acting as Agents)

Re:

Application pursuant to Article 263 TFEU for annulment, first, of Council Decision (CFSP) 2018/833 of 4 June 2018 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2018 L 140, p. 87), and of Council Implementing Regulation (EU) 2018/827 of 4 June 2018 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2018 L 140, p. 3), in so far as those acts concern the applicant, and, second, of the letter of 6 June 2018 from the Council to the applicant.

Operative part of the judgment

The Court:

1. Annuls Council Decision (CFSP) 2018/833 of 4 June 2018 amending Decision 2010/413/CFSP concerning restrictive measures against Iran, and Council Implementing Regulation (EU) 2018/827 of 4 June 2018 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran, in so far as they concern Neda Industrial Group;

2. Orders that the effects of Decision 2018/833 be maintained as regards Neda Industrial Group until the annulment of Implementing Regulation 2018/827 takes effect;

3. Dismisses the action as to the remainder;

4. Orders the Council of the European Union to pay the costs.

(1) OJ C 399, 5.11.2018.
Judgment of the General Court of 10 June 2020 — Sammut v Parliament

(Case T-608/18) (1)

(Civil service - Officials - Rights and obligations of officials - Publication of a matter dealing with the work of the European Union - Obligation to provide information in advance - Article 17a of the Staff Regulations - Staff report - Liability)

(2020/C 247/13)

Language of the case: Maltese

Parties

Applicant: Mark Anthony Sammut (Foetz, Luxembourg) (represented by: P. Borg Olivier, lawyer)

Defendant: European Parliament (represented by: M. Sammut and I. Lázaro Betancor, acting as Agents)

Re:

Application based on Article 270 TFEU seeking, in essence, (i) annulment of the decision of the Parliament of 4 January 2018 in so far as it did not grant the applicant’s request that an assessment made in his staff report for 2016 be removed and (ii) compensation for the material and non-material damage that he allegedly suffered as a result of that decision.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Mark Anthony Sammut to pay the costs.

(1) OJ C 4, 7.1.2019.
Official Journal of the European Union

Judgment of the General Court of 15 October 2020 — První novinová společnost v Commission

(Case T-316/18) (1)

(State aid - Postal sector - Universal service obligation - Decision not to raise any objections - Safeguarding procedural rights - Duration of the procedure - Complete and sufficient examination of the case by the Commission - Compensation for the discharge of the universal service obligation - Service of general economic interest - Directive 97/67/EC - Net avoided cost methodology - Obligation to state reasons)

(2020/C 433/51)

Language of the case: English

Parties

Applicant: První novinová společnost a.s., successor in law to Mediaservis s.r.o. (Prague, Czech Republic) (represented by: D. Vosol and C. Schneider, lawyers)

Defendant: European Commission (represented by: L. Flynn, D. Recchia and K. Blanck, acting as Agents)

Interveners in support of the defendant: Czech Republic (represented by: M. Smolek, J. Vláčil, T. Müller and I. Gavrilová, acting as Agents), Česká pošta s. p. (Prague) (represented by: P. Kadlec, lawyer)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2018) 753 final of 19 February 2018, State aid SA.45281 (2017/N) and State aid SA. 44859 (2016/FC), declaring that the compensations granted by the Czech Republic to Česká pošta for the performance of its postal activities under a universal service obligation for the period 2013 to 2017 constitute State aid compatible with the internal market, pursuant to Article 106(2) TFEU.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders První novinová společnost a.s., successor in law to Mediaservis s. r. o., to bear its own costs and to pay those incurred by the European Commission;

3. Orders the Czech Republic and Česká pošta s. p. to bear their own costs.

(1) OJ C 276, 6.8.2018.
Official Journal of the European Union

Judgment of the General Court of 9 September 2020 — Arkéa Direct Bank and Others v ECB

(Case T-149/18) (1)

(Economic and monetary policy - Prudential supervision of credit institutions - Contribution to the deposit guarantee system or to the single resolution fund by means of irrevocable payment commitments - Tasks entrusted to the ECB - Specific supervision powers of the ECB - Article 4(1)(f) and Article 16(1)(c) and (2)(d) of Regulation (EU) No 1024/2013 - Measure requiring the deduction of the cumulative amount of irrevocable payment commitments outstanding from Tier 1 capital - Absence of individual examination)

(2020/C 399/38)

Language of the case: French

Parties

Applicants: Arkéa Direct Bank (Puteaux, France) and the nine other applicants whose names are listed in the annex to the judgment (represented by: A. Gosset-Grainville, M. Trabucchi and M. Dalon, lawyers)

Defendant: European Central Bank (represented by: E. Koupepidou, R. Bax and F. Bonnard, acting as Agents)

Re:

Application based on Article 263 TFEU for partial annulment, first, of ECB Decision ECB/SSM/2017-9695000CG7B84NLR5984/207 of 19 December 2017, and, second, of ECB Decision ECB-SSM-2019-FRCMU-4 of 14 February 2019.

Operative part of the judgment

The Court:

1. Annuls paragraph 8 of Decision ECB/SSM/2017-9695000CG7B84NLR5984/207 of the European Central Bank (ECB) of 19 December 2017 and paragraph 5 of Decision ECB-SSM-2019-FRCMU-4 of the ECB of 14 February 2019;

2. Orders the ECB to pay the costs.

(1) OJ C 161, 7.5.2018.
Official Journal of the European Union

Judgment of the General Court of 16 December 2020 — Fakro v Commission

(Case T-515/18) (1)

(Competition - Abuse of dominant position - Market for roof windows and flashings - Decision rejecting a complaint - Article 7 of Regulation (EC) No 773/2004 - Access to the file - Principle of sound administration - Reasonable period - Manifest error of assessment - Obligation to state reasons - No EU interest - Probability of being able to establish the existence of an infringement - Predatory pricing - ‘Fighting brands’ - Rebates - Exclusivity)

(2021/C 62/30)

Language of the case: Polish

Parties

Applicant: Fakro sp. z o.o. (Nowy Sącz, Poland) (represented by: A. Radkowiak-Macuda and Z. Kiedacz, lawyers)

Defendant: European Commission (represented by: M. Farley, I. Rogalski and J. Szczodrowski, acting as Agents)

Intervener in support of the applicant: Republic of Poland (represented by: B. Majczyna, M. Wiącek and M. Rzotkiewicz, acting as Agents)

Re:

Action under Article 263 TFEU for the annulment of Commission Decision C(2018) 3864 final of 14 June 2018 rejecting the complaint lodged by the applicant alleging infringements of Article 102 TFEU in the market for roof windows and flashings (Case AT.40026 — Velux).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Fakro sp. z o.o., the European Commission and the Republic of Poland to each bear their own costs.

(1) OJ C 427, 26.11.2018.