ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 462/23

Order of the General Court of 19 October 2016 — E-Control v ACER

(Case T-671/15) (1)

((Action for annulment - Energy - Regulation (EC) No 713/2009 - Regulation (EC) No 714/2009 - Opinion of ACER - National regulatory authorities’ decisions approving the methods of allocation of cross-border electricity transmission capacity - Central-East Europe region - Compatibility - Act not open to challenge - Inadmissibility))

(2016/C 462/30)

Language of the case: English

Parties

Applicant: Energie-Control Austria für die Regulierung der Elektrizitäts- und Erdgaswirtschaft (E-Control) (Vienna, Austria) (represented by: F. Schuhmacher, lawyer)

Defendant: Agency for the Cooperation of Energy Regulators (ACER) (represented by: E. Tremmel, acting as Agent)

Re:

Application under Article 263 TFEU for annulment of Opinion No 09/2015 of ACER of 23 September 2015 on the compliance of national regulatory authorities’ decisions approving the methods of allocation of cross-border transmission capacity in the Central-East Europe region with Regulation (EC) No 714/2009 and the Guidelines on the management and allocation of available transfer capacity of interconnections between national systems contained in Annex I thereto.

Operative part of the order

1. The action is dismissed as inadmissible.

2. There is no longer any need to rule on the applications to intervene of the Republic of Austria, the Republic of Poland, Wirtschaftskammer Österreich, Verbund AG and Polskie Sieci Elektroenergetyczne S.A.

3. Energie-Control Austria für die Regulierung der Elektrizitäts- und Erdgaswirtschaft (E-Control) shall bear its own costs and shall pay those incurred by the Agency for the Cooperation of Energy Regulators (ACER), including those relating to the interim proceedings.

4. The Republic of Austria, the Republic of Poland, Wirtschaftskammer Österreich, Verbund AG and Polskie Sieci Elektroenergetyczne S.A. shall bear their own costs relating to the applications to intervene.

(1) OJ C 38, 1.2.2016.
EN Official Journal of the European Union C 410/34

Order of the General Court of 14 September 2016 — Makhlouf v Council

(Case T-466/15) (1)

(2016/C 410/52)

Language of the case: French

The President of the Seventh Chamber has ordered that the case be removed from the register.

(1) OJ C 337, 12.10.2015.
EN Official Journal of the European Union C 178/18

Order of the General Court of 28 March 2017 — LG Electronics v EUIPO — Cyrus Wellness Consulting (VIEWTY PRO)

(Case T-500/15) (1)

((EU trade mark - Opposition proceedings - Withdrawal of the application for registration - No need to adjudicate))

(2017/C 178/23)

Language of the case: English

Parties

Applicant: LG Electronics, Inc. (Seoul, Republic of Korea) (represented by: M. Graf, 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 intervening before the General Court: Cyrus Wellness Consulting GmbH (Berlin, Germany) (represented by: A. Wulff and U. Hildebrandt, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 11 June 2015 (Case R 1940/2014-2), relating to opposition proceedings between Cyrus Wellness Consulting GmbH and LG Electronics, Inc.

Operative part of the order

1. There is no longer any need to adjudicate on the action.

2. LG Electronics, Inc., is ordered to bear its own costs and those incurred by the European Union Intellectual Property Office (EUIPO) and Cyrus Wellness Consulting GmbH.

(1) OJ C 354, 26.10.2015.
EN Official Journal of the European Union C 78/31

Order of the General Court of 20 January 2017 — Papapanagiotou v Parliament

(Case T-351/15) (1)

((Public supply contracts - Tendering procedure - Office furniture - Rejection of the tender submitted by a tenderer - Award criteria - Decision to cancel the tendering procedure - No need to adjudicate))

(2017/C 078/42)

Language of the case: English

Parties

Applicant: Papapanagiotou AVEEA (Serres, Greece) (represented by: S. Pappas and I. Ioannidis, lawyers)

Defendant: European Parliament (represented by: P. Biström and S. Toliušis, Agents)

Re:

Application pursuant to Article 263 TFEU seeking the annulment of Decision D(2015)12887 of the Parliament of 27 April 2015, adopted in the context of tendering procedure INLO.AO-2012-017-LUX-UAGBI-02 regarding the supply of office furniture (OJ 2013/S 138-239094) and rejecting the tender submitted by Papapanagiotou.

Operative part of the order

1. There is no longer any need to adjudicate on the present action.

2. The European Parliament shall bear its own costs and shall pay those incurred by Papapanagiotou AVEEA.

(1) OJ C 311, 21.9.2015.
Case T-354/15: Order of the General Court of 19 April 2018 — Allergopharma v Commission (Action for annulment — State aid — Aid scheme providing for the grant of an exemption from the mandatory rebate on certain pharmaceutical products — Decision declaring the aid scheme compatible with the internal market — No individual concern — Act entailing implementing measures — Inadmissibility)

Order of the General Court of 19 April 2018 — Allergopharma v Commission

(Case T-354/15) ( 1 )

‛(Action for annulment — State aid — Aid scheme providing for the grant of an exemption from the mandatory rebate on certain pharmaceutical products — Decision declaring the aid scheme compatible with the internal market — No individual concern — Act entailing implementing measures — Inadmissibility)’

Parties

Applicant: Allergopharma GmbH & Co. KG (Reinbek, Germany) (represented by: T. Müller-Ibold, and F.-C. Laprévote, lawyers)

Defendant: European Commission (represented by: K. Herrmann and T. Maxian Rusche, acting as Agents)

Intervener in support of the defendant: Bencard Allergie GmbH (Munich, Germany) (represented by: J. Fiegler, lawyer)

Re:

Application based on Article 263 TFEU and seeking annulment of Commission Decision (EU) 2015/1300 of 27 March 2015 on the aid scheme — aid to German pharmaceutical companies in financial difficulties through the exemptions from mandatory rebates SA.34881 (2013/C) (ex 2013/NN) (ex 2012/CP) (OJ 2015 L 199, p. 27).

Operative part of the order

1. The action is dismissed as being inadmissible.

2. Allergopharma GmbH & Co. KG shall bear its own costs and pay those incurred by the European Commission.

3. Bencard Allergie GmbH shall bear its own costs.

( 1 ) OJ C 328, 5.10.2015.
EN Official Journal of the European Union C 300/38

Order of the General Court of 18 July 2017 — Gauff v EUIPO — H.P. Gauff Ingenieure (Gauff)

(Case T-748/15) (1)

(2017/C 300/48)

Language of the case: German

The President of the Fourth Chamber has ordered that the case be removed from the register.

(1) OJ C 78, 29.2.2016.
Official Journal of the European Union

Order of the General Court of 5 September 2019 — Italy v Commission

(Case T-313/15 and T-317/15) (1)

(Rules on the use of languages - Notices of open competition for the recruitment of administrators - Choice of second language from three languages - Regulation No 1 - Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations - Principle of non-discrimination - Proportionality - Manifestly well-founded action)

(2019/C 363/19)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent, and P. Gentili, avvocato dello Stato)

Defendant: European Commission (represented initially by: J. Currall and G. Gattinara, and subsequently by G. Gattinara, F. Simonetti and D. Milanowska, acting as Agents)

Intervener in support of the applicant: Kingdom of Spain (represented by: J. García-Valdecasas Dorrego, acting as Agent)

Re:

In Case T-313/15, application based on Article 263 TFEU and asking for annulment of the notice of open competition EPSO/AD/301/15 to draw up a reserve list of administrators (AD 5) (OJ 2015 C 92 A, p.1), and, in Case T-317/15, application based on Article 263 TFEU and asking for annulment of the notice of open competition EPSO/AD/3012/15 to draw up a reserve list of administrators in the field of audit (AD 5) (OJ 2015 C 99 A, p.1).

Operative part of the order

1. Cases T-313/15 and T-317/15 are joined for the purpose of the present order.

2. The notice of open competition EPSO/AD/301/15 to draw up a reserve list of administrators (AD 5) and the notice of open competition EPSO/AD/3012/15 to draw up a reserve list of administrators in the field of audit (AD 5) are annulled.

3. The European Commission shall bear its own costs and pay those incurred by the Italian Republic.

4. The Kingdom of Spain shall bear its own costs.

(1) OJ C 262, 10.8.2015.
Official Journal of the European Union

Order of the General Court of 27 June 2019 — ArcelorMittal Hochfeld v Commission

(Case T-294/15) (1)

(State aid - Aid granted by certain provisions of the amended German law on renewable energy sources - Annulment of the act criticised by the Court - Action which has become devoid of purpose - No need to adjudicate)

(2019/C 295/41)

Language of the case: German

Parties

Applicants: ArcelorMittal Hochfeld GmbH, successor in title to ArcelorMittal Ruhrort GmbH (Duisburg, Germany) (represented by: H. Janssen, et G.–R. Engel, lawyers)

Defendant: European Commission (represented initially by: R. Sauer, and subsequently by: T. Maxian Rusche and K. Herrmann, acting as Agents)

Re:

Application on the basis of Article 263 TFEU seeking the annulment of Commission Decision (EU) 2015/1585 of 25 November 2014 on the aid scheme SA.33995 (2013/C) (ex 2013/NN) (implemented by Germany for the support of renewable electricity and of energy-intensive users) (OJ 2015 L 250, p. 122).

Operative part of the order

1. There is no longer any need to adjudicate in the case.

2. The European Commission shall bear its own costs and pay the costs incurred by ArcelorMittal Hochfeld GmbH, successor in title to ArcelorMittal Ruhrort GmbH.

(1) OJ C 302, 14.9.2015.
EN Official Journal of the European Union C 191/33

Order of the President of the General Court of 6 April 2016 — GABO:mi v Commission

(Case T-10/16 R)

((Application for interim measures - Grants - Sixth and seventh framework programmes of the European Community for research, technological development and demonstration activities (2002-2006 and 2007-2013) - Letters requesting the repayment of part of the grants awarded - Debit note - Application for suspension of operation - Admissibility - Lack of urgency))

(2016/C 191/44)

Language of the case: English

Parties

Applicant: GABO:mi Gesellschaft für Ablauforganisation:milliarium mbH & Co. KG (Munich, Germany) (represented by: M. Ahlhaus and C. Mayer, lawyers)

Defendant: European Commission (represented by: S. Delaude, S. Lejeune and M. Sickierzyńska, acting as Agents)

Re:

Application for suspension of operation of, first, two letters from the Commission dated 2 December 2015 informing the applicant that it would proceed with the recovery of a part of the grants that had been awarded to it in the context of the Commission’s sixth and seventh framework programmes for research, technological development and demonstration activities (2002-2006 and 2007-2013) and, secondly, a Commission debit note ordering it to pay EUR 1 770 417,29 by 15 January 2016 at the latest.

Operative part of the order

1. The application for interim measures is dismissed.

2. The order of 18 January 2016 delivered in Case T-10/16 R is cancelled.
EN Official Journal of the European Union C 6/38

Order of the General Court of 7 October 2016 — Slovenia v Commission

(Case T-12/16) (1)

((EAGF and EAFRD - Expenditure excluded from financing - Expenditure incurred by Slovenia - Adoption of Implementing Decision (EU) 2016/1059 - No need to adjudicate))

(2017/C 006/47)

Language of the case: Slovenian

Parties

Applicant: Republic of Slovenia (represented by: L. Bembič, acting as agent)

Defendant: European Commission (represented by: B. Rous Demiri and D. Triantafyllou, acting as agents)

Re:

Application based on Article 263 TFEU and seeking the annulment of Commission Implementing Decision (EU) 2015/2098 of 13 November 2015 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2015 L 303, p. 35), in so far as that decision concerns the Republic of Slovenia.

Operative part of the order

1. There is no longer any need to adjudicate on the action.

2. The European Commission is ordered to bear its own costs and to pay those incurred by the Republic of Slovenia.

(1) OJ C 98, 14.3.2016.
EN Official Journal of the European Union C 326/28

Order of the President of the General Court of 20 July 2016 — Director-General of OLAF v Commission

(Case T-251/16 R)

((Interim measures - Law governing the institutions - Decision to waive the immunity from legal proceedings of the Director-General of OLAF - Measure liable to call into question the independence of the Director-General - Application for suspension of operation - Lack of urgency))

(2016/C 326/50)

Language of the case: French

Parties

Applicant: Director-General of the European Anti-Fraud Office (represented by: L. Jelínek, Agent, assisted by G.M. Roberti and I. Perego, lawyers)

Defendant: European Commission (represented by: K. Banks, J.-P. Keppenne and J. Baquero Cruz, Agents)

Subject matter

Application based on Articles 278 TFEU and 279 TFEU, seeking to obtain suspension of the operation of Commission Decision C(2016) 1449 final of 2 March 2016 concerning an application for waiver of immunity.

Operative part of the order

1. The application for interim measures is dismissed.

2. The order of 6 June 2016 made in Case T-251/16 R is set aside.
EN Official Journal of the European Union C 78/31

Order of the General Court of 26 January 2017 — Topera v EUIPO (RHYTHMVIEW)

(Case T-119/16) (1)

((EU trade mark - Application for the European Union word mark RHYTHMVIEW - Absolute grounds for refusal - No distinctive character - Descriptive character - Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No 207/2009 - Action manifestly lacking any foundation in law))

(2017/C 078/43)

Language of the case: English

Parties

Applicant: Topera, Inc. (Abbott Park, Illinois, United States) (represented by: H. Sheraton, Solicitor)

Defendant: European Union Intellectual Property Office (represented by: H. O’Neill, acting as Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 12 January 2016 (Case R 1368/2015-4), relating to an application for registration of the word sign RHYTHMVIEW as an EU trade mark.

Operative part of the order

1. The action is dismissed.

2. Topera, Inc., shall pay the costs.

(1) OJ C 200, 6.6.2016.
EN Official Journal of the European Union C 22/35

Order of the General Court of 28 November 2016 — SureID v EUIPO (SUREID)

(Case T-128/16) (1)

((EU trade mark - Application for the EU word mark SUREID - Absolute ground for refusal - Lack of descriptive character - Article 7(1)(c) of Regulation No 207/2009 - Descriptive character - Action manifestly lacking any foundation in law))

(2017/C 022/47)

Language of the case: English

Parties

Applicant: SureID, Inc. (Hillsboro, Oregon, United States) (represented by: B. Brandreth, Barrister)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral and S. Crabbe, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 18 January 2016 (Case R 1478/2015-4), relating to the application for registration of the word sign SUREID as an EU trade mark.

Operative part of the order

1. The action is dismissed.

2. SureID, Inc. shall pay the costs.

(1) OJ C 175, 17.5.2016.
EN Official Journal of the European Union C 121/30

Order of the President of the General Court of 16 February 2017 — Le Pen v Parliament

(Case T-140/16 R II)

((Interim measures - Member of the European Parliament - Recovery by offsetting of allowances paid by way of reimbursement of parliamentary assistance expenses - Application for suspension of operation of a measure - Fresh application - New facts - No urgency))

(2017/C 121/43)

Language of the case: French

Parties

Applicant: Jean-Marie Le Pen (Saint-Cloud, France) (represented by: M. Ceccaldi and J.-P. Le Moigne, lawyers)

Defendant: European Parliament (represented by: G. Corstens and S. Alonso de León, acting as Agents)

Re:

Application based on Articles 278 and 279 TFEU, seeking the suspension of operation of the decision of the Secretary-General of the European Parliament of 29 January 2016 ordering the recovery from the applicant of a sum of EUR 320 026,23, and of debit note No 2016-195 of 4 February 2016 adopted pursuant to that decision.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 112/51

Order of the General Court of 9 February 2017 — IPA v Commission

(Case T-635/16) (1)

(2017/C 112/71)

Language of the case: English

The President of the Seventh Chamber has ordered that the case be removed from the register.

(1) OJ C 428, 21.11.2016.
EN Official Journal of the European Union C 178/34

Order of the General Court of 21 March 2017 — La Patrouille v EUIPO — Alpha Industries (AEROBATIX)

(Case T-710/16) (1)

(2017/C 178/53)

Language of the case: French

The President of the Ninth Chamber has ordered that the case be removed from the register.

(1) OJ C 462, 12.12.2016.
EN Official Journal of the European Union C 144/63

Order of the General Court of 17 March 2017 — Tri-Ocean Trading v Council

(Case T-384/16) (1)

(2017/C 144/97)

Language of the case: English

The President of the Fifth Chamber has ordered that the case be removed from the register.

(1) OJ C 326, 5.9.2016.
EN Official Journal of the European Union C 221/28

Order of the General Court of 3 May 2017 — De Nicola v EIB

(Case T-70/16 P) (1)

((Appeal - Civil Service - EIB staff - Psychological harassment - Non-contractual liability - Errors of law - Appeal manifestly unfounded))

(2017/C 221/39)

Language of the case: Italian

Parties

Appellant: Carlo De Nicola (Strassen, Luxembourg) (represented by: G. Ferabecoli, lawyer)

Other party to the proceedings: European Investment Bank (EIB) (represented by: G. Nuvoli and G. Faedo, acting as Agents, and A. Dal Ferro, lawyer)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Single Judge) of 18 December 2015, De Nicola v EIB (F-104/13, EU:F:2015:164) seeking to have that judgment set aside in part.

Operative part of the order

1. The appeal is dismissed.

2. Mr Carlo De Nicola shall bear his own costs and pay those incurred by the European Investment Bank (EIB) in the present appeal.

(1) OJ C 111, 29.3.2016.
EN Official Journal of the European Union C 202/19

Order of the General Court of 24 April 2017 — Dreimane v Commission

(Case T-618/16) (1)

((Action for annulment and compensation - Civil service - Officials - Pensions - Transfer of national pension rights - Calculation of years of pensionable service - Article 90(2) of the Staff Regulations - Time-limit - Inadmissibility))

(2017/C 202/33)

Language of the case: English

Parties

Applicant: Sandra Dreimane (Luxembourg, Luxembourg) (represented by: J. Ābiks, lawyer)

Defendant: European Commission (represented by: G. Gattinara and L. Radu Bouyon, acting as Agents)

Re:

Action under Article 270 TFEU seeking, first, annulment of the Commission decision fixing the number of additional pensionable years to be taken into account in the pension scheme of the EU institutions following the applicant’s request to transfer pension rights acquired before she entered the service of the European Union, and, second, compensation for the damage allegedly suffered by the applicant as a result of the Commission’s failure to act within a reasonable period in the processing of that transfer request.

Operative part of the order

1. The action is dismissed as being inadmissible.

2. There is no need to rule on the application to intervene submitted by the Council of the European Union.

3. Ms Sandra Dreimane shall bear her own costs and also pay those incurred by the European Commission.

(1) OJ C 371, 10.10.2016 (case initially registered before the European Union Civil Service Tribunal under Case No F-48/16 and transferred to the General Court of the European Union on 1.9.2016).
EN Official Journal of the European Union C 269/20

Order of the General Court of 21 June 2017 — Inox Mare v Commission

(Case T-289/16) (1)

((Action for annulment - Regulation (EU, Euratom) No 883/2013 - External investigation conducted by OLAF - Report and recommendations - Measures not amenable to challenge - Inadmissible))

(2017/C 269/29)

Language of the case: Italian

Parties

Applicant: Inox Mare Srl (Rimini, Italy) (represented by: R. Holzeisen, lawyer)

Defendant: European Commission (represented by: initially, J. Baquero Cruz, D. Nardi and L. Grønfeldt, and, subsequently, J. Baquero Cruz and D. Nardi, acting as Agents)

Re:

Application based on Article 263 TFEU, seeking annulment of the Final Report of the European Anti-Fraud Office (OLAF) concerning external investigation OF/2013/0086/B1 (THOR(2015) 40189 of 26 November 2015), of the recommendation of the Director-General of OLAF with respect to that report (THOR(2015) 42057 of 9 December 2015) and of the prior and strictly related measures taken by OLAF

Operative part of the order

1. The action is dismissed as being inadmissible.

2. Inox Mare Srl shall bear its own costs and pay those incurred by the European Commission.

(1) OJ C 270, 25.7.2016.
EN Official Journal of the European Union C 249/29

Order of the General Court of 18 May 2017 — Verschuur v Commission

(Case T-877/16) (1)

((Action for annulment - Access to documents - Regulation (EC) No 1049/2001 - Document concerning the administrative procedure relating to State aid SA.38374 (2014/C ex 2014/NN) granted by the Netherlands to Starbucks - Refusal to grant access - Action manifestly lacking any foundation in law))

(2017/C 249/44)

Language of the case: English

Parties

Applicant: Steven Verschuur (Baarn, Netherlands) (represented by: P. Kreijger, lawyer)

Defendant: European Commission (represented by: J. Baquero Cruz, A. Buchet and F. Clotuche-Duvieusart, acting as Agents)

Re:

Action pursuant to Article 263 TFEU seeking the annulment of Commission Decision C(2016) 6455 final of 3 October 2016, rejecting the applicant’s confirmatory application for access to documents under Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43).

Operative part of the order

1. The action is dismissed.

2. Mr Steven Verschuur shall bear his own costs.

(1) OJ C 53, 20.2.2017
EN Official Journal of the European Union C 300/31

Order of the General Court of 19 July 2017 — HI v Commission

(Case T-464/16 P) (1)

((Appeal - Civil service – - Project funded by the European Union - Conflict of interest - Disciplinary action - Downgrading - Dismissal of the action at first instance - Appeal in part manifestly inadmissible and in part manifestly unfounded))

(2017/C 300/38)

Language of the case: French

Parties

Appellant: HI (represented by: M. Velardo, lawyer)

Other party to the proceedings: European Commission (represented by: C. Ehrbar and F. Simonetti, acting as Agents)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (Single Judge) of 10 June 2016, HI v Commission (F-133/15, EU:F:2016:127), seeking to have that judgment set aside.

Operative part of the order

1. The appeal is dismissed.

2. HI shall bear its own costs and pay those incurred by the European Commission in the context of the present proceedings.

(1) OJ C 371, 10.10.2016.