ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 277/32

Judgment of the General Court of 6 July 2017 — SNCM v Commission

(Case T-1/15) (1)

((State aid - Aid measures implemented by France in favour of SNCM - Restructuring aid and mesures taken in the context of a privatisation plan - Private investor in a market economy test - Decision declaring the aid unlawful and incompatible with the internal market - Social policy of the Member States - Re-opening of the formal investigation procedure - Obligation to state reasons - Equal treatment - Article 41 of the Charter of Fundamental Rights))

(2017/C 277/46)

Language of the case: French

Parties

Applicant: Société nationale maritime Corse Méditerranée (SNCM) (Marseille, France) (represented by: F.-C. Laprévote, C. Froitzheim and A. Dupuis, lawyers)

Defendant: European Commission (represented by: V. Di Bucci and B. Stromsky, acting as Agents)

Intervener in support of the applicant: Comité d’entreprise de la Société nationale maritime Corse Méditerranée (SNCM) (Marseille) (represented by: C. Bonnefoi, lawyer)

Intervener in support of the defendant: Corsica Ferries France (Bastia, France) (represented by: N. Flandin and S. Rodrigues, lawyers)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2013) 7066 final of 20 November 2013, concerning State aid SA.16237 (C 58/2002) (ex N 118/2002) implemented by France in favour of SNCM.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Société nationale maritime Corse Méditerranée (SNCM) to bear its own costs and pay those incurred by the European Commission and Corsica Ferries France;

3. Orders the comité d’entreprise de la Société nationale maritime Corse Méditerranée (SNCM) to bear its own costs.

(1) OJ C 56, 16.2.2015.
EN Official Journal of the European Union C 382/39

Judgment of the General Court of 3 October 2017 — BMB v EUIPO — Ferrero (Container for sweets)

(Case T-695/15) (1)

((Community design - Invalidity proceedings - Registered Community design representing a container for sweets - Earlier international three-dimensional mark - Shape of a standard container which can be filled with sweets - Likelihood of confusion - Application of national law - Article 25(1)(e) of Regulation (EC) No 6/2002 - Article 62 and Article 63(1) of Regulation No 6/2002))

(2017/C 382/46)

Language of the case: English

Parties

Applicant: BMB sp. z o.o. (Grójec, Poland) (represented by: K. Czubkowski, 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: Ferrero SpA (Alba, Italy) (represented by: M. Kefferpütz, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 8 September 2015 (Case R 1150/2012-3), relating to invalidity proceedings between Ferrero and BMB.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders BMB sp. z o.o. to pay the costs.

(1) OJ C 38, 1.2.2016.
EN Official Journal of the European Union C 369/9

Judgment of the General Court of 15 September 2017 — Commission v FE

(Case T-734/15 P) (1)

((Appeal - Civil Service - Officials - Open competition - Inclusion on the reserve list - Decision of the appointing authority not to recruit a successful candidate - Respective powers of the selection board and of the appointing authority - Conditions of admission to the competition - Minimum duration of professional experience - Rules for calculation - Loss of a chance of recruitment - Claim for damages))

(2017/C 369/11)

Language of the case: French

Parties

Appellant: European Commission (represented by: F. Simonetti and G. Gattinara, acting as Agents)

Other party to the proceedings: FE (represented by: L. Levi and A. Blot, lawyers)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 6 October 2015, FE v Commission (F-119/14, EU:F:2015:116), seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside points 1, 2 and 4 of the operative part of the judgment of the Civil Service Tribunal of the European Union (First Chamber) of 6 October 2015, FE v Commission (F-119/14);

2. Dismisses the action brought by FE before the Civil Service Tribunal in Case F-119/14;

3. Orders each party to bear its own costs relating to the appeal proceedings;

4. Orders FE to pay the costs of the proceedings before the Civil Service Tribunal, including the costs incurred by the European Commission.

(1) OJ C 68, 22.2.2016.
EN Official Journal of the European Union C 5/28

Order of the General Court of 8 November 2017 — Klymenko v Council

(Case T-245/15) (1)

((Common foreign and security policy - Restrictive measures taken in view of the situation in Ukraine - Freezing of funds - List of persons, entities and bodies subject to the freezing of funds and economic resources - Maintenance of the applicant’s name on the list - Duty to state reasons - Legal basis - Manifest error of assessment - Rights of defence - Right to property - Right to reputation - Proportionality - Protection of fundamental rights equivalent to that guaranteed in the European Union - Plea of illegality))

(2018/C 005/37)

Language of the case: English

Parties

Applicant: Oleksandr Viktorovych Klymenko (Moscow, Russia) (represented initially by B. Kennelly QC, J. Pobjoy, Barrister, and R. Gherson, Solicitor, subsequently by B. Kennelly, J. Pobjoy, R. Gherson and T. Garner, Solicitor, and lastly by M. Phelippeau, lawyer)

Defendant: Council of the European Union (represented by: A. Vitro and J.-P. Hix, acting as Agents)

Re:

APPLICATION under Article 263 TFEU seeking the annulment of (i) Council Decision (CFSP) 2015/364 of 5 March 2015 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2015, L 62, p. 25) and Council Implementing Regulation (EU) 2015/357 of 5 March 2015 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2015, L 62, p. 1); (ii) Council Decision (CFSP) 2016/318 of 4 March 2016 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2016 L 60, p. 76) and Council Implementing Regulation (EU) 2016/311 of 4 March 2016 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2016 L 60, p. 1), and (iii) Council Decision (CFSP) 2017/381 of 3 March 2017 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2017 L 58, p. 34) and Council Implementing Regulation (EU) 2017/374 of 3 March 2017 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2017 L 58, p. 1), in so far as the applicant’s name was retained on the list of persons, entities and bodies subject to those restrictive measures.

Operative part of the order

The Court:

1. Dismisses the action;

2. Orders Mr Oleksandr Viktorovych Klymenko to pay the costs.

(1) OJ C 302, 14.9.2015.
Case T-7/15: Judgment of the General Court of 19 October 2017 — Leopard v EUIPO — Smart Market (LEOPARD true racing) (EU trade mark — Opposition proceedings — Application for figurative EU trade mark LEOPARD true racing — Prior figurative EU trade mark leopard CASA Y JARDIN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

Judgment of the General Court of 19 October 2017 — Leopard v EUIPO — Smart Market (LEOPARD true racing)

(Case T-7/15) ( 1 )

‛(EU trade mark — Opposition proceedings — Application for figurative EU trade mark LEOPARD true racing — Prior figurative EU trade mark leopard CASA Y JARDIN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))’

Parties

Applicant: Leopard SA (Howald, Luxembourg) (represented by: P. Lê Dai, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Smart Market, SLU (Alcantarilla, Spain)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 2 October 2014 (Case R 1866/2013-1) concerning opposition proceedings between Smart Market and Leopard.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Leopard SA to pay the costs.

( 1 ) OJ C 81, 9.3.2015.
EN Official Journal of the European Union C 104/27

Judgment of the General Court of 1 February 2018 — European Dynamics Luxembourg and Others v ECHA

(Case T-477/15) (1)

((Public supply contracts - Tender procedure - Provisions of information technology (IT) services for the applications of the ECHA - Rejection of an offer by a tenderer - Award criteria - Obligation to state reasons - Manifest errors of assessment - Non-contractual liability))

(2018/C 104/34)

Language of the case: English

Parties

Applicants: European Dynamics Luxembourg SA (Luxembourg, Luxembourg), European Dynamics Belgium SA (Brussels, Belgium), Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: M. Sfyri, D. Papadopoulou and C.-N. Dede, lawyers)

Defendants: European Chemicals Agency (ECHA) (represented initially by: E. Maurage, W. Broere and M. Heikkilä, and subsequently by W. Broere and M. Heikkilä, acting as Agents, and by J. Stuyck and A.M. Vandromme, lawyers)

Re:

Application, first, under Article 263 TFEU, for annulment of the decisions notified to the applicants by letter of 25 June 2015, by which the European Chemicals Agency (ECHA) rejected their tender for the award of contract No ECHA/2014/86 for the provision of IT services for the IT applications of ECHA and awarded that contract to another bidder and, secondly, under Article 268 TFEU, for compensation for the damage which the applicants allegedly suffered.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders European Dynamics Luxembourg SA, European Dynamics Belgium SA and Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear its own costs and those incurred by the European Chemicals Agency (ECHA).

(1) OJ C 363, 3.11.2015.
EN Official Journal of the European Union C 42/13

Judgment of the General Court of 13 December 2017 — Oltis Group v Commission

(Case T-497/15) (1)

((Research and development - Framework Programme for Research and Innovation 2014-2020 (Horizon 2020) - Stimulation and coordination of EU research and innovation investments in the rail sector - Establishment of the Shift2Rail Joint Undertaking - Associate membership of the Shift2Rail Joint Undertaking - Call for expressions of interest - Rejection of candidature - Obligation to state reasons - Manifest error of assessment - Misuse of powers))

(2018/C 042/17)

Language of the case: Czech

Parties

Applicant: Oltis Group a.s. (Olomouc, Czech Republic) (represented by: P. Konečný, lawyer)

Defendant: European Commission (represented by: J. Hottiaux and Z. Malůšková, acting as Agents)

Re:

Action based on Article 263 TFEU and seeking annulment of Commission Decision Ares (2015) 2691017 of 26 June 2015 concerning the request for a review of the rejection of the applicant’s application to become an associate member of the Shift2Rail Joint Undertaking.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Oltis Group a.s. to pay the costs.

(1) OJ C 389, 23.11.2015.
Case T-251/15: Judgment of the General Court of 26 April 2018 — Espírito Santo Financial (Portugal) v ECB (Access to documents — Decision 2004/258/EC — Documents relating to the ECB’s decision of 1 August 2014 concerning Banco Espírito Santo SA — Implied refusal to grant access — Express refusal to grant access — Partial refusal to grant access — Exception relating to the confidentiality of the proceedings of the ECB’s decision-making bodies — Exception relating to the financial, monetary or economic policy of the European Union or of a Member State — Exception relating to the stability of the financial system in the European Union or in a Member State — Exception relating to the protection of commercial interests — Exception relating to opinions intended for internal use — Obligation to state reasons)

Judgment of the General Court of 26 April 2018 — Espírito Santo Financial (Portugal) v ECB

(Case T-251/15) ( 1 )

‛(Access to documents — Decision 2004/258/EC — Documents relating to the ECB’s decision of 1 August 2014 concerning Banco Espírito Santo SA — Implied refusal to grant access — Express refusal to grant access — Partial refusal to grant access — Exception relating to the confidentiality of the proceedings of the ECB’s decision-making bodies — Exception relating to the financial, monetary or economic policy of the European Union or of a Member State — Exception relating to the stability of the financial system in the European Union or in a Member State — Exception relating to the protection of commercial interests — Exception relating to opinions intended for internal use — Obligation to state reasons)’

Parties

Applicant: Espírito Santo Financial (Portugal), SGPS, SA (Lisbon, Portugal) (represented: initially by R. Oliveira, N. Cunha Barnabé and S. Estima Martins, lawyers, and subsequently by L. Soares Romão, J. Shearman de Macedo and D. Castanheira Pereira, lawyers)

Defendant: European Central Bank (represented: initially by F. Malfrère and S. Lambrinoc, and subsequently by F. Malfrère and T. Filipova, acting as Agents, and by H.-G. Kamann and P. Gey, lawyers)

Re:

Application pursuant to Article 263 TFEU for the annulment, on the one hand, of the ECB’s decision of 1 April 2015 refusing in part to disclose certain documents relating to its decision of 1 August 2014 concerning Banco Espírito Santo SA and, on the other hand, of the implied decision refusing to grant access to those documents.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Central Bank (ECB) of 1 April 2015 partially refusing to disclose certain documents relating to the ECB’s decision of 1 August 2014 concerning Banco Espírito Santo SA, in so far as it refuses to disclose the amount of credit indicated in the extracts of the minutes recording the decision of the Governing Council of the ECB of 28 July 2014 and the information redacted from the proposals of the Executive Board of the ECB of 28 July and 1 August 2014;

2. Dismisses the action as to the remainder;

3. Orders Espírito Santo Financial (Portugal), SGPS, SA and the ECB to bear their own costs.

( 1 ) OJ C 245, 27.7.2015.
Judgment of the General Court of 12 December 2018 — Interessengemeinschaft privater Milchverarbeiter Bayerns and Others v Commission

(Joined Cases T-722/15 to T-724/15) (1)

((State aid - Aid for the Bavarian dairy sector - Financing of milk quality tests - Decision declaring the aid to be incompatible with the internal market - Right to participate in the administrative procedure - Article 108(2) TFEU - Article 6(1) of Regulation (EC) No 659/1999))

(2019/C 72/18)

Language of the case: German

Parties

Applicant in Case T-722/15: Interessengemeinschaft privater Milchverarbeiter Bayerns eV (Mertingen, Germany) (represented by: initially, C. Bittner and N. Thies and, subsequently, C. Bittner, lawyers)

Applicant in Case T-723/15: Genossenschaftsverband Bayern eV (Munich, Germany) (represented by: initially, C. Bittner and N. Thies and, subsequently, C. Bittner, lawyers)

Applicant in Case T-724/15: Verband der Bayerischen Privaten Milchwirtschaft eV (Munich) (represented by: initially, C. Bittner and N. Thies and, subsequently, C. Bittner, lawyers)

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

Re:

Application under Article 263 TFEU seeking annulment in part of Commission Decision (EU) 2015/2432 of 18 September 2015 concerning State Aid SA.35484 (2013/C) [ex SA.35484 (2012/NN)] granted by Germany in respect of milk quality tests pursuant to the Milk and Fat Law (OJ 2015, L 334, p. 23).

Operative part of the judgment

The Court:

1. Annuls Articles 1 to 4 of Commission Decision (EU) 2015/2432 of 18 September 2015 concerning State Aid SA.35484 (2013/C) [ex SA.35484 (2012/NN)] granted by Germany in respect of milk quality tests pursuant to the Milk and Fat Law in so far as they state that the granting of State aid by the Federal Republic of Germany is incompatible with the internal market as regards milk quality tests carried out in Bavaria and order the recovery of that aid;

2. Orders the European Commission to bear its own costs and to pay the costs incurred by Interessengemeinschaft privater Milchverarbeiter Bayerns eV, Genossenschaftsverband Bayern eV and Verband der Bayerischen Privaten Milchwirtschaft eV.

(1) OJ C 59, 15.2.2016.
Judgment of the General Court of 19 September 2018 — HH Ferries and Others v Commission

(Case T-68/15) (1)

((State aid - Aid in favour of the Øresund road-rail fixed link - Public financing granted by the Swedish State and the Danish State to the Fixed Link infrastructure project across the Øresund - State guarantees - Tax aid - Decision not to raise any objection - Decision that there was no State aid - Action for annulment - Challengeable act - Admissibility - Failure to initiate the formal investigation procedure - Serious difficulties - Concept of ‘aid scheme’ - Aid to promote the execution of an important project of common European interest - Assessment of the aid element in a guarantee - Whether the aid contained in a guarantee is limited - Proportionality - Legitimate expectations))

(2018/C 392/23)

Language of the case: English

Parties

Applicants: HH Ferries I/S, formerly Scandlines Øresund I/S (Helsingør, Denmark), HH Ferries Helsingor ApS (Helsingør), HH Ferries Helsingborg AB, formerly HH-Ferries Helsingborg AB (Helsingborg, Sweden) (represented by: M. Johansson, R. Azelius, P. Remnelid and L. Sandberg-Mørch, lawyers)

Defendant: European Commission (represented by: L. Flynn, S. Noë, R. Sauer and L. Armati, acting as Agents,)

Interveners in support of the defendants: Kingdom of Denmark (represented initially by: C. Thorning, and subsequently by J. Nymann-Lindegren, acting as Agents, and by R. Holdgaard, lawyer), Kingdom of Sweden (represented initially by: E. Karlsson, L. Swedenborg, A. Falk, C. Meyer-Seitz, U. Persson and N. Otte Widgren, and subsequently by A.Falk, C. Meyer-Seitz, L. Zettergren and H. Shev, acting as Agents)

Re:

Application brought under Article 263 TFEU for the annulment of Commission Decision C(2014) 7358 final of 15 October 2014 not to classify certain measures as aid and not to raise any objection following the preliminary investigation procedure provided for in Article 108(3) TFEU to State aid SA.36558 (2014/NN) and SA.38371 (2014/NN) — Denmark, and SA.36662 (2014/NN) — Sweden, concerning the public financing of the Øresund Fixed Link road/rail infrastructure project (OJ 2014 C 418, p. 1 and OJ 2014 C 437, p. 1).

Operative part of the judgment

The Court:

1. Annuls the decision C(2014) 7358 final of the European Commission of 15 October 2014 in so far as it decided not to raise any objection with respect to the tax aid relating to depreciation of assets and the carrying forward of losses granted to Øresundsbro Konsortiet by the Kingdom of Denmark and with respect to guarantees granted to Øresundsbro Konsortiet by the Kingdom of Denmark and the Kingdom of Sweden.

2. Dismisses the action as to the remainder.

3. Orders the Commission to bear its own costs and to pay those incurred by HH Ferries I/S, HH Ferries Helsingor ApS and HH Ferries Helsingborg AB.

4. Orders the Kingdom of Denmark and the Kingdom of Sweden to bear their own costs.

(1) OJ C 138, 27.4.2015.
Judgment of the General Court of 8 May 2019 — Islamic Republic of Iran Shipping Lines and Others v Council

(Case T-434/15) (1)

(Common foreign and security policy - Restrictive measures taken against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Non-contractual liability - Sufficiently serious breach of a rule of law conferring rights on individuals)

(2019/C 220/38)

Language of the case: English

Parties

Applicants: Islamic Republic of Iran Shipping Lines (Tehran, Iran) and the six other applicants whose names are set out in the Annex to the judgment (represented by: M. Taher, Solicitor, M. Malek QC, and R. Blakeley, Barrister)

Defendants: Council of the European Union (represented by: M. Bishop and H. Marcos Fraile, acting as Agents)

Re:

Application, pursuant to Articles 268 and 340 TFEU, for compensation for the damage allegedly suffered by the applicants as a result of the inclusion of their names on the lists set out in Annex II to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39), in the Annex to Council Implementing Regulation (EU) No 668/2010 of 26 July 2010 implementing Article 7(2) of Regulation (EC) No 423/2007 concerning restrictive measures against Iran (OJ 2010 L 195, p. 25), in the Annex to Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413 (OJ 2010 L 281, p. 81), in Annex VIII to Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 (OJ 2010 L 281, p. 1) and in Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010 (OJ 2012 L 88, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Islamic Republic of Iran Shipping Lines and the other applicants whose names are set out in the Annex to bear their own costs and to pay those incurred by the Council of the European Union.

(1) OJ C 328, 5.10.2015.
Judgment of the General Court of 13 December 2018 — Transavia Airlines v Commission

(Case T-591/15) (1)

((State aid - Airport and marketing services agreement - Agreement between the Chamber of Commerce and Industry of Pau-Béarn and Transavia - Decision declaring the aid to be incompatible with the internal market and ordering its recovery - Concept of State aid - Whether attributable to the State - Chamber of Commerce and Industry - Advantage - Private investor test - Recovery - Article 41 of the Charter of Fundamental Rights - Right of access to the file - Right to be heard))

(2019/C 82/41)

Language of the case: Dutch

Parties

Applicant: Transavia Airlines CV (Schiphol, Netherlands) (represented by: R. Elkerbout and M. Baneke, lawyers)

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

Re:

Application under Article 263 TFEU seeking the partial annulment of Commission Decision (EU) 2015/1227 of 23 July 2014 on State aid SA.22614 (C 53/07) implemented by France in favour of the Chamber of Commerce and Industry of Pau-Béarn, Ryanair, Airport Marketing Services and Transavia (OJ 2015 L 201, p. 109).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Transavia Airlines CV to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 398, 30.11.2015.