ddrg/super_eurlex huggingface dataset:
Judgment of the General Court of 16 December 2020 — Tokai erftcarbon v Commission

(Case T-636/18) (1)

(Non-contractual liability - Environment - Classification, labelling and packaging of certain substances and mixtures - Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance - Sufficiently serious breach of a rule of law intended to confer rights on individuals)

(2021/C 44/66)

Language of the case: English

Parties

Applicant: Tokai erftcarbon GmbH (Grevenbroich, Germany) (represented by: K. Van Maldegem, M. Grunchard, S. Saez Moreno and P. Sellar, lawyers)

Defendant: European Commission (represented by: M. Wilderspin, R. Lindenthal and K. Talabér-Ritz, acting as Agents)

Interveners in support of the defendant: Kingdom of Spain (represented by: L. Aguilera Ruiz, acting as Agent), European Chemicals Agency (represented by: M. Heikkilä and W. Broere, acting as Agents)

Re:

Action under Article 268 TFEU seeking compensation for the damage which the applicant claims to have suffered as a result of the adoption of Commission Regulation (EU) No 944/2013 of 2 October 2013 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (OJ 2013 L 261, p. 5), in so far as that regulation classified pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) and Aquatic Chronic 1 (H410) substance.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Tokai erftcarbon GmbH to bear its own costs and to pay those incurred by the European Commission;

3. Orders the Kingdom of Spain and the European Chemicals Agency (ECHA) to bear their own costs.

(1) OJ C 16, 14.1.2019.
Official Journal of the European Union

Judgment of the General Court of 12 May 2021 — Luxembourg and Others v Commission

(Cases T-516/18 and T-525/18) (1)

(State aid - Aid implemented by Luxembourg in favour of ENGIE - Decision declaring the aid incompatible with the internal market and unlawful and ordering its recovery - Tax rulings - State resources - Advantage - Combined effect of two tax measures - Participation exemption regime - Taxation of profit distributions - Abuse of law - Selectivity - Reference framework - Finding of a derogation - Comparability of situations - Parent-subsidiary arrangement - Group of companies - Recovery - Indirect harmonisation - Procedural rights - Obligation to state reasons)

(2021/C 263/21)

Language of the case: French

Parties

Applicant in Case T-516/18: Grand Duchy of Luxembourg (represented by: T. Uri, acting as Agent, and D. Waelbroeck, lawyer)

Applicants in Case T-525/18: Engie Global LNG Holding Sàrl (Luxembourg, Luxembourg), Engie Invest International SA (Luxembourg), and Engie (Courbevoie, France) (represented by: B. Le Bret, M. Struys and C. Rydzynski, lawyers)

Defendant: European Commission (represented by: B. Stromsky and S. Noë, acting as Agents)

Intervener in support of the applicant in Case T-516/18: Ireland (represented by: J. Quaney, M. Browne and A. Joyce, acting as Agents, assisted by P. Gallagher and S. Kingston, Senior Counsel, as well as B. Doherty, Barrister)

Re:

Application under Article 263 TFEU seeking annulment of Commission Decision (EU) 2019/421 of 20 June 2018 on State aid SA.44888 (2016/C) (ex 2016/NN) implemented by Luxembourg in favour of ENGIE (OJ 2019 L 78, p. 1).

Operative part of the judgment

The Court:

1. Joins Cases T-516/18 and T-525/18 for the purposes of the judgment;

2. Dismisses the actions;

3. Orders the Grand Duchy of Luxembourg to bear its own costs and to pay those incurred by the European Commission in Case T-516/18;

4. Orders Engie Global LNG Holding Sàrl, Engie Invest International SA and Engie to bear their own costs and to pay those incurred by the Commission in Case T-525/18;

5. Orders Ireland to bear its own costs.

(1) OJ C 399, 5.11.2018.
Judgment of the General Court of 3 March 2021 — Barata v Parliament

(Case T-723/18) (1)

(Civil service - Officials - Promotion - Certification procedure - Exclusion of the applicant from the final list of officials entitled to take part in the training programme - Article 45a of the Staff Regulations - Action for annulment - Communication by registered letter - Article 26 of the Staff Regulations - Registered letter not collected by the person to whom it was addressed - Starting point of the period prescribed for instituting proceedings - Admissibility - Obligation to state reasons - Right to be heard - Principle of sound administration - Proportionality - Rules on the use of languages)

(2021/C 148/20)

Language of the case: English

Parties

Applicant: João Miguel Barata (Evere, Belgium) (represented by: G. Pandey, D. Rovetta and V. Villante, lawyers)

Defendant: European Parliament (represented by: J. Steele and I. Terwinghe, acting as Agents)

Re:

Application under Article 270 TFEU seeking annulment of the decision of 23 July 2018, the act of 7 December 2017, the act of 21 December 2017, the letter of 1 March 2018, the letter of 22 March 2018 concerning the applicant’s candidacy in the 2017 certification procedure and the notice of internal competition of 22 September 2017.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders João Miguel Barata to pay the costs.

(1) OJ C 72, 25.2.2019.
Judgment of the General Court of 29 September 2021 — TUIfly v Commission

(Case T-447/18) (1)

(State aid - Agreements concluded by Kärntner Flughafen Betriebsgesellschaft with airlines Hapag Lloyd Express and TUIfly - Airport services - Marketing services - Decision declaring the aid incompatible with the internal market and ordering its recovery - Advantage - Private investor test - Article 41 of the Charter of Fundamental Rights - Right of access to the file - Right to be heard)

(2021/C 471/51)

Language of the case: German

Parties

Applicant: TUIfly GmbH (Langenhagen, Germany) (represented by: L. Giesberts and M. Gayger, lawyers)

Defendant: European Commission (represented by: K. Blanck, A. Bouchagiar and S. Noë, acting as Agents)

Re:

Application under Article 263 TFEU seeking partial annulment of Commission Decision (EU) 2018/628 of 11 November 2016 on State aid SA.24221(2011/C) (ex 2011/NN) implemented by Austria for the Klagenfurt airport, Ryanair and other airlines using the airport (OJ 2018 L 107, p. 1), in so far as it concerns the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders TUIfly GmbH to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 301, 27.8.2018.
Judgment of the General Court of 14 July 2021 — Moreno Pérez v Council

(Case T-246/18) (1)

(Common foreign and security policy - Restrictive measures taken with regard to the situation in Venezuela - Freezing of funds - Lists of persons, entities and bodies covered by the freezing of funds and economic resources - Inclusion of the applicant’s name on the lists - Retention of the applicant’s name on the lists - Obligation to state reasons - Rights of the defence - Principle of sound administration - Right to effective judicial protection - Error of assessment)

(2021/C 349/32)

Language of the case: English

Parties

Applicant: Maikel José Moreno Pérez (Caracas, Venezuela) (represented by: L. Giuliano and F. Di Gianni, lawyers)

Defendant: Council of the European Union (represented by: S. Kyriakopoulou, P. Mahnič and A. Antoniadis, acting as Agents)

Re:

Application based on Article 263 TFEU and seeking annulment, first, of Council Decision (CFSP) 2018/90 of 22 January 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 16 I, p. 14) and of Council Decision (CFSP) 2018/1656 of 6 November 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 276, p. 10) and, second, of Council Implementing Regulation (EU) 2018/88 of 22 January 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 16 I, p. 6), and of Council Implementing Regulation (EU) 2018/1653 of 6 November 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 276, p. 1), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Maikel José Moreno Pérez to pay the costs.

(1) OJ C 200, 11.6.2018.
Judgment of the General Court of 23 February 2022 — ASL Aviation Holdings and ASL Airlines (Ireland) v Commission

(Case T-540/18) (1)

(Non-contractual liability - Competition - Markets for international express small package delivery services in the EEA - Concentration - Decision declaring the concentration incompatible with the internal market - Annulment of the decision by a judgment of the Court - General reference to other documents - Pleas in law or complaints raised by a third party in another case - Evidence submitted in the reply - No justification for the delay - Inadmissibility - Sufficiently serious breach of a rule of law intended to confer rights on individuals)

(2022/C 171/30)

Language of the case: English

Parties

Applicants: ASL Aviation Holdings DAC (Swords, Ireland), ASL Airlines (Ireland) Ltd (Swords) (represented by: N. Travers, Senior Counsel, H. Kelly, K. McKenna and R. Scanlan, Solicitors)

Defendant: European Commission (represented by: N. Khan, P. Berghe, M. Farley and R. Leupold Henning, acting as Agents)

Re:

Application under Article 268 TFEU for compensation for the damage allegedly suffered by the applicants as a result of the unlawfulness of Commission Decision C(2013) 431 of 30 January 2013 declaring a concentration incompatible with the internal market and the functioning of the EEA Agreement (Case COMP/M.6570 — UPS/TNT Express).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders ASL Aviation Holdings DAC and ASL Airlines (Ireland) Ltd to pay the costs.

(1) OJ C 399, 5.11.2018.
Judgment of the General Court of 13 October 2021 — Aupicon and Others v EEAS

(Case T-655/18) (1)

(Civil service - Officials - Members of the temporary staff - Members of the contract staff - Remuneration - EEAS staff posted to a third country - Article 10 of Annex X to the Staff Regulations - Annual assessment of the allowance for living conditions - ‘Guidelines establishing the methodology to fix the living conditions allowances’ - Decision fixing the rate of the allowance for living conditions paid to staff posted to Ghana at 20 % - Failure to draw up the questionnaire required by the guidelines - Procedural irregularity - Manifest error of assessment)

(2021/C 490/30)

Language of the case: French

Parties

Applicants: Delphine Aupicon (Gaborone, Botswana) and the 10 other applicants whose names are listed in the annex to the judgment (represented by: N. de Montigny, lawyer)

Defendant: European External Action Service (represented by: S. Marquardt and R. Spáč, acting as Agents, and M. Troncoso Ferrer, F.-M. Hislaire and C. García Fernández, lawyers)

Re:

Application under Article 270 TFEU seeking annulment, first, of the decision of the EEAS Director-General for Budget and Administration of 19 December 2017 fixing the allowance for living conditions referred to in Article 10 of Annex X to the Staff Regulations of Officials of the European Union for the financial year 2018, inasmuch as that decision fixes the rate of the allowance for living conditions paid to EU staff posted to Ghana at 20 % of the reference amount and, second, in so far as is necessary, of the applicants’ payslips for the month of January 2018, inasmuch as that decision is applied therein for the first time.

Operative part of the judgment

The Court:

1. Annuls the decision of the European External Action Service (EEAS) Director-General for Budget and Administration of 19 December 2017 fixing the allowance for living conditions referred to in Article 10 of Annex X to the Staff Regulations of Officials of the European Union for the financial year 2018, inasmuch as that decision fixes, with effect from 1 January 2018, the rate of the allowance for living conditions paid to EU staff posted to Ghana at 20 % of the reference amount;

2. Annuls the payslips of Ms Delphine Aupicon and of the other applicants whose names are listed in the annex to the judgment, issued by the EEAS for the month of January 2018, inasmuch as the decision of the EEAS of 19 December 2017 fixing, with effect from 1 January 2018, the rate of the allowance for living conditions paid to EU staff posted to Ghana at 20 % of the reference amount is applied to those payslips;

3. Orders the EEAS to pay the costs.

(1) OJ C 25, 21.1.2019.
Official Journal of the European Union

Judgment of the General Court of 29 January 2020 — Vinos de Arganza v EUIPO — Nordbrand Nordhausen (ENCANTO)

(Case T-239/19) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark ENCANTO - Earlier national word mark BELCANTO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2020/C 77/66)

Language of the case: English

Parties

Applicant: Vinos de Arganza, SL (Toral de los Vados, Spain) (represented by: L. Broschat García, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Nordbrand Nordhausen GmbH (Nordhausen, Germany)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 17 January 2019 (Case R 392/2018-1), relating to opposition proceedings between Nordbrand Nordhausen and Vinos de Arganza.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Vinos de Arganza, SL, to pay the costs.

(1) OJ C 187, 3.6.2019.
Official Journal of the European Union

Judgment of the General Court of 12 December 2019 — gastivo portal v EUIPO — La Fourchette (Depiction of a fork on a green background)

(Case T-266/19) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark depicting a fork on a green background - Earlier EU figurative mark gastivo - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2020/C 36/39)

Language of the case: English

Parties

Applicant: gastivo portal GmbH (Bremen, Germany) (represented by: O. Spieker, A. Schönfleisch, N. Willich and N. Achilles, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas, Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: La Fourchette SAS (Paris, France)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 20 February 2019 (Case R 1213/2018-4), relating to opposition proceedings between gastivo portal and La Fourchette.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders gastivo portal GmbH to pay the costs.

(1) OJ C 187, 3.6.2019.
Official Journal of the European Union

Judgment of the General Court of 12 March 2020 — Gamma-A v EUIPO — Zivju pārstrādes uzņēmumu serviss (Packaging for foodstuffs)

(Case T-353/19) (1)

(Community design - Invalidity proceedings - Registered Community design representing packaging for foodstuffs - Earlier design - Proof of disclosure - Article 7 of Regulation (EC) No 6/2002 - Ground for invalidity - No individual character - No different overall impression - Article 6(1)(b) and Article 25(1)(b) of Regulation (EC) No 6/2002)

(2020/C 175/28)

Language of the case: English

Parties

Applicant: Gamma-A SIA (Riga, Latvia) (represented by: M. Liguts, lawyer)

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: Zivju pārstrādes uzņēmumu serviss SIA (Riga) (represented by: J. Alfejeva, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 12 February 2019 (Case R 2543/2017-3), relating to invalidity proceedings between Piejūra SIA and Gamma-A.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Gamma-A SIA to pay the costs.

(1) OJ C 255, 29.7.2019.
Official Journal of the European Union

Judgment of the General Court of 27 February 2020 — Knaus Tabbert v EUIPO — Carado (CaraTour)

(Case T-202/19) (1)

(European Union trade mark - Opposition proceedings - Application for European Union word mark CaraTour - Earlier European Union word mark Carado - Relative ground for refusal - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2020/C 114/05)

Language of the case: German

Parties

Applicant: Knaus Tabbert GmbH (Jandelsbrunn, Germany) (represented by: N. Maenz, lawyer)

Defendant: European Union Intellectual Property Office (represented by: D. Walicka, Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Carado GmbH (Leutkirch im Allgäu, Germany (represented by: A. Otto, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 14 January 2019 (Case R 506/2018-5) relating to opposition proceedings between Carado and Knaus Tabbert.

Operative part of the judgment

The Court:

1. dismisses the application;

2. orders Knaus Tabbert GmbH to bear the costs.

(1) OJ C 182, 27. 5. 2019.
Judgment of the General Court of 13 May 2020 — SolNova v EUIPO — Canina Pharma (BIO-INSECT Shocker)

(Case T-86/19) (1)

(EU trade mark - Invalidity proceedings - EU word mark BIO-INSECT Shocker - Absolute ground for refusal - Mark of such a nature as to deceive the public - Article 7(1)(g) of Regulation (EC) No 207/2009)

(2020/C 215/46)

Language of the case: German

Parties

Applicant: SolNova AG (Zollikon, Switzerland) (represented by: P. Lee, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Canina Pharma GmbH (Hamm, Germany) (represented by: O. Bischof, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 11 December 2018 (Case R 276/2018-2), concerning invalidity proceedings between SolNova and Canina Pharma.

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 December 2018 (Case R 276/2018-2) in so far as it concerns ‘biocidal preparations for use in manufacture; chemical preparations for use in the manufacture of biocides; additives, chemical, to insecticides’, in class 1 and ‘disinfectants; vermin destroying preparations; parasiticides; bacteriological preparations for medical and veterinary use; nutritional supplements; medicinal sprays; antibacterial sprays; anti-inflammatory sprays; insecticides; insect attractants; anti-insect spray; insect repellents; preparations for destroying insects; insect growth regulators; tissues impregnated with insect repellents; powders for killing fleas; flea sprays; flea collars; flea exterminating preparations; animal flea collars; powders for killing fleas on animals; biocides; animal repellent formulations; veterinary preparations; veterinary diagnostic reagents; veterinary vaccines; food supplements for veterinary use; sanitary preparations for veterinary use’, in Class 5;

2. The action is dismissed for the remainder;

3. Orders Canina Pharma GmbH to bear, in addition to its own costs, half of the costs incurred by SolNova AG before the General Court and the costs necessarily incurred by it for the purposes of the proceedings before the Board of Appeal of the EUIPO;

4. Orders SolNova to bear half of its own costs before the General Court;

5. Orders EUIPO to bear its own costs.

(1) OJ C 122, 1.4.2019.
Official Journal of the European Union

Judgment of the General Court of 29 April 2020 — CZ and Others v EEAS

(Case T-497/19) (1)

(Civil service - Officials - Remuneration - Weighting - Fixed entertainment allowance - Accommodation expenses - Obligation to state reasons - Duty of care - Equivalence in purchasing power - Equal treatment)

(2020/C 209/36)

Language of the case: French

Parties

Applicants: CZ, DB, DC, DD (represented by: J.-N. Louis, lawyer)

Defendant: European External Action Service (represented by: S. Marquardt and R. Spac, acting as Agents)

Re:

Application based on Article 270 TFEU seeking annulment of the EEAS’ implicit decision by which the EEAS’ appointing authority and the authority empowered to conclude contracts of employment rejected the applicants’ request for, in essence, an increase, where applicable with retroactive effect, of the weighting applicable to their place of posting, in the present case Paris.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders CZ, DB, DC and DD to pay the costs.

(1) OJ C 305, 9.9.2019.
Official Journal of the European Union

Judgment of the General Court of 25 June 2020 — Malacalza Investimenti v ECB

(Case T-552/19) (1)

(Access to documents - Decision of the ECB to place Banca Carige SpA under temporary administration - Refusal to grant access - Default procedure)

(2020/C 262/31)

Language of the case: Italian

Parties

Applicant: Malacalza Investimenti Srl (Genoa, Italy) (represented by P. Ghiglione, E. De Giorgi and L. Amicarelli, lawyers)

Defendant: European Central Bank (represented by F. von Lindeiner and M. Van Hoecke, acting as Agents, and by D. Sarmiento Ramírez-Escudero, lawyer)

Re:

Application under Article 263 TFEU for annulment of ECB Decision LS/LdG/19/185 of 12 June 2019 refusing access to several documents relating to Decision ECB-SSM-2019-ITCAR-11 of the Governing Council of the ECB of 1 January 2019 placing Banca Carige SpA under temporary administration.

Operative part of the judgment

The Court:

1. Annuls European Central Bank (ECB) Decision LS/LdG/19/185 of 12 June 2019 refusing access to several documents relating to Decision ECB-SSM-2019-ITCAR-11 of the Governing Council of the ECB of 1 January 2019 placing Banca Carige SpA under temporary administration;

2. Orders the ECB to pay the costs.

(1) OJ C 328, 30.9.2019.
Official Journal of the European Union

Judgment of the General Court of 28 May 2020 — Martínez Albainox v EUIPO — Taser International (TASER)

(Case T-342/19) (1)

(EU trade mark - Invalidity proceedings - EU figurative mark TASER - Earlier EU word marks TASER - Relative grounds for refusal - Detriment to reputation - Unfair advantage taken of the distinctive character or the repute of the earlier trade mark - Article 8(5) of Regulation (EU) 2017/1001)

(2020/C 230/42)

Language of the case: English

Parties

Applicant: Martínez Albainox, SL (Albacete, Spain) (represented by: J. Carbonell Callicó, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Taser International, Inc. (Scottsdale, Arizona, United States)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 20 March 2019 (Case R 1576/2018-4), relating to invalidity proceedings between Taser International and Martínez Albainox.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Martínez Albainox, SL to pay the costs.

(1) OJ C 255, 29.7.2019.