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

Order of the General Court of 27 February 2019 — Seigneur v ECB

(Case T-674/16) (1)

(2019/C 139/110)

Language of the case: French

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

(1) OJ C 419, 14.11.2016.
Order of the General Court of 16 November 2018 — OT v Commission

(Case T-576/16) (1)

((Civil service - Members of the temporary staff - Candidature submitted for the post of Director of the EMCDDA - Rejection of the candidature - Lis pendens - Rejection of a request for assistance - No interest in bringing proceedings - Action in part manifestly inadmissible and in part manifestly unfounded))

(2019/C 44/72)

Language of the case: English

Parties

Applicant: OT (represented by: D. Sobor, lawyer)

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

Re:

Application on the basis of Article 270 TFEU and seeking, on the one hand, annulment (i) of ‘the decision of 26 September 2014 of [the Commission] refusing to accept the [a]pplicant’s candidature for the post of Director of the European Monitoring Centre for Drugs and Drug Addiction’ (EMCDDA), (ii) of the decision of 9 April 2015, by which the Commission rejected her complaint against that decision and the request for assistance, and, (iii) of the decision of 22 October 2015, by which the Commission rejected her complaint against the rejection of her request for assistance, and, on the other hand, compensation in respect of the material and non-material harm allegedly suffered by the applicant.

Operative part of the order

1. The action is dismissed.

2. OT shall pay the costs.

(1) OJ C 383, 17.10.2016 (case initially registered before the European Union Civil Service Tribunal under number F-4/16 and transferred to the General Court of the European Union on 1.9.2016).
Official Journal of the European Union

Order of the General Court of 29 November 2021 — Nguyen v Council

(Case T-522/16) (1)

(Civil service - Contract staff - 2014 Reform of the Staff Regulations - Reimbursement of annual travel expenses and grant of travelling time - Action manifestly lacking any foundation in law)

(2022/C 73/52)

Language of the case: French

Parties

Applicant: Huynh Duong Vi Nguyen (Woluwe Saint-Lambert, Belgium) (represented by: M. Velardo, lawyer)

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

Intervener in support of the defendant: European Parliament (represented by: E. Tavena and M. Ecker, acting as Agents)

Re:

Application pursuant to Article 270 TFEU seeking, in substance, first, annulment of the decisions no longer to grant the applicant, as of 1 January 2014, travelling time and reimbursement of annual travel costs so that she may maintain a connection with her place of origin and, second, an order that the defendant pay damages in respect of the material and non-material harm that the applicant allegedly suffered.

Operative part of the order

1. The action is dismissed.

2. Ms Huynh Duong Vi Nguyen shall bear her own costs and pay those incurred by the Council of the European Union.

3. The European Parliament shall bear its own costs.

(1) OJ C 448, 15.12.2014 (case initially registered before the European Union Civil Service Tribunal under number F-99/14 and transferred to the General Court of the European Union on 1.9.2016).
Order of the General Court of 14 December 2020 — La Quadrature du Net and Others v Commission

(Case T-738/16) (1)

(Area of freedom, justice and security - Protection of natural persons with regard to the processing of personal data - Transfer of personal data to the United States - Declaration of invalidity of the contested measure - Action which has become devoid of purpose - No need to adjudicate)

(2021/C 53/53)

Language of the case: French

Parties

Applicants: La Quadrature du Net (Paris, France), French Data Network (Amiens, France), Fédération des fournisseurs d’accès à Internet associatifs (Fédération FDN) (Amiens) (represented by: A. Fitzjean Ò. Cobhthaigh, lawyer)

Defendant: European Commission (represented by: H. Kranenborg and D. Nardi, acting as Agents)

Intervener in support of the applicant: Union fédérale des consommateurs — Que choisir (UFC — Que choisir) (Paris, France) (represented by: F.-P. Lani, lawyer)

Interveners in support of the defendant: Czech Republic (represented by: M. Smolek, J. Vláčil and O. Serdula, acting as Agents), Federal Republic of Germany (represented by: S. Eisenberg, S. Heimerl, D. Klebs and J. Möller, acting as Agents), French Republic (represented by: E. Armoët and E. de Moustier, acting as Agents), Kingdom of the Netherlands (represented by: M. Bulterman and C. Schillemans, acting as Agents), United Kingdom of Great Britain and Northern Ireland (represented by: S. Brandon, acting as Agent, and J. Holmes QC), United States of America (represented by: H. Viaene, C. Evrard, E. Valgaeren, P. Wytinck, lawyers, S. Kingston and E. Barrington, Senior Counsel), Digitaleurope (Brussels, Belgium) (represented by: J. Cahir, V. Power, Solicitors, and M. Gray, Senior Counsel), Microsoft Corp. (Redmond, Washington, United States) (represented by: J. Bourgeois and M. Meulenbelt, lawyers), BSA Business Software Alliance, Inc. (Washington, DC, United States) (represented by: B. Van Vooren and K. Van Quathem, lawyers)

Re:

Application under Article 263 TFEU for annulment of Commission Implementing Decision (EU) 2016/1250 of 12 July 2016 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the EU-U.S. Privacy Shield (OJ 2016 L 207, p. 1).

Operative part of the order

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

2. The European Commission shall bear its own costs and pay the costs incurred by La Quadrature du Net, French Data Network and Fédération des fournisseurs d’accès à Internet associatifs (Fédération FDN).

3. The Czech Republic, the Federal Republic of Germany, the French Republic, the Kingdom of the Netherlands, the United Kingdom of Great Britain and Northern Ireland, the United States of America, Union fédérale des consommateurs — Que choisir (UFC — Que choisir), DigitalEurope, Microsoft Corp. and BSA Business Software Alliance, Inc., shall bear their own costs.

(1) OJ C 6, 9.1.2017.
EN Official Journal of the European Union C 178/26

Order of the President of the General Court of 23 March 2017 — Kanyama v Council

(Case T-145/17 R)

((Application for interim measures - Restrictive measures - Democratic Republic of the Congo - Application for suspension of operation of a measure - No urgency))

(2017/C 178/38)

Language of the case: French

Parties

Applicant: Célestin Kanyama (La Gombe, Democratic Republic of the Congo) (represented by: O. Okito and A. Ouannès, lawyers)

Defendant: Council of the European Union

Re:

Application based on Articles 278 TFEU and 279 TFEU, seeking suspension of the operation of Council Regulation (EU) 2016/2230 of 12 December 2016 amending Council Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2016 L 336 I, p. 1).

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 269/24

Order of the President of the General Court of 26 June 2017 — Jalkh v Parliament

(Case T-26/17 R)

((Interim measures - Law governing the institutions - Member of the European Parliament - Privileges and immunities - Waiver of the parliamentary immunity of a Member of the European Parliament - Application for suspension of operation of a measure - No urgency))

(2017/C 269/35)

Language of the case: French

Parties

Applicant: Jean-François Jalkh (Gretz-Armainvillers, France) (represented initially by J.-P. Le Moigne and subsequently by M. Ceccaldi, lawyers)

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

Re:

Application based on Articles 278 TFEU and 279 TFEU, seeking suspension of the operation decision of 22 November 2016 taken by the European Parliament to waive Mr Jalkh’s parliamentary immunity in view of the judicial investigation (No 1422400530) brought before the Paris Tribunal de Grande Instance (ordinary court of first instance, France).

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 202/28

Order of the General Court of 8 March 2017 — Yotrio Group v EUIPO (Affixing of a green ring to a support leg)

(Case T-47/17) (1)

(2017/C 202/47)

Language of the case: German

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

(1) OJ C 95, 27.3.2017.
EN Official Journal of the European Union C 402/37

Order of the President of the General Court of 19 September 2017 — António Conde & Companhía v Commission

(Case T-244/17 R II)

((Interim measures - Fishing vessel - Northwest Atlantic Fisheries Organisation - Admissibility - New facts - Change in circumstances - Application for interim measures - Lack of interest))

(2017/C 402/49)

Language of the case: English

Parties

Applicant: António Conde & Companhía, SA (Gafanha de Nazaré, Portugal) (represented by: J.R. García-Gallardo Gil-Fournier, lawyer)

Defendant: European Commission (represented by: A. Bouquet, A. Lewis and F. Moro, acting as Agents)

Re:

Application pursuant to Articles 278 and 279 TFEU for the grant of interim measures ordering the European Commission to abstain from exerting pressure on the Republic of Portugal to exclude the fishing vessel Calvão from the list of Portuguese-flagged vessels authorised to fish in the NAFO Regulatory Area and to produce the documents pertaining to the exchanges between the Commission and the representatives of the Republic of Portugal regarding the exclusion of the applicant’s vessels from the NAFO Regulatory Area.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 300/39

Order of the General Court of 7 July 2017 — Bank of New York Mellon v EUIPO — Nixen Partners (NEXEN)

(Case T-278/17) (1)

(2017/C 300/49)

Language of the case: English

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

(1) OJ C 213, 3.7.2017.
EN Official Journal of the European Union C 94/27

Order of the General Court of 18 January 2018 — W&O medical esthetics GmbH v EUIPO — Fidia farmaceutici (HYALSTYLE)

(Case T-178/17) (1)

((EU trade mark - Invalidity proceedings - EU word mark HYALSTYLE - Bad faith - Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001) - Request for the hearing of witnesses - Article 75 of Regulation (EC) No 207/2009 (now Article 94(1) of Regulation (EU) 2017/1001) - Action in part manifestly inadmissible and in part manifestly unfounded in law))

(2018/C 094/36)

Language of the case: English

Parties

Applicant: W&O medical esthetics GmbH (Oberursel, Germany) (represented by: A. Finkentey, 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 intervening before the General Court: Fidia farmaceutici SpA (Abano Terme, Italy) (represented by: R. Kunz-Hallstein and H. Kunz-Hallstein, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 17 January 2017 (Case R 872/2016-1), relating to invalidity proceedings between W&O medical esthetics and Fidia farmaceutici.

Operative part of the order

1. The action is dismissed.

2. W&O medical esthetics GmbH shall bear its own costs and those of the European Union Intellectual Property Office (EUIPO) and of Fidia farmaceutici SpA.

(1) OJ C 144, 8.5.2017.
EN Official Journal of the European Union C 22/62

Order of the General Court of 17 November 2017 — António Conde & Companhia v Commission

(Case T-244/17) (1)

(2018/C 022/84)

Language of the case: English

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

(1) OJ C 231, 17.7.2017.
Case T-298/17: Order of the General Court of 18 April 2018 — Iordăchescu and Others v Parliament and Others (Action for annulment — Directive 2014/40/EU — Approximation of laws — Manufacture, presentation and sale of tobacco products and related products — Period allowed for commencing proceedings — Delay — Claim for damages — Application initiating proceedings — Disregard of the procedural requirements — Inadmissibility — Lack of jurisdiction)

Order of the General Court of 18 April 2018 — Iordăchescu and Others v Parliament and Others

(Case T-298/17) ( 1 )

‛(Action for annulment — Directive 2014/40/EU — Approximation of laws — Manufacture, presentation and sale of tobacco products and related products — Period allowed for commencing proceedings — Delay — Claim for damages — Application initiating proceedings — Disregard of the procedural requirements — Inadmissibility — Lack of jurisdiction)’

Parties

Applicants: Adrian Iordăchescu (Bucharest, Romania), Florina Iordăchescu (Bucharest), Mihaela Iordăchescu (Bucharest) and Cristinel Iordăchescu (Bucharest) (represented by: A. Cuculis, lawyer)

Defendants: European Parliament (represented by: L. Visaggio and C. Ionescu Dima, acting as Agents), Council of the European Union (represented by: E. Karlsson and O. Segnana, acting as Agents) and European Commission (represented by: H. Stancu and J. Tomkin, acting as Agents)

Re:

First, application pursuant to Article 263 TFEU seeking the partial annulment of Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ 2014 L 127, p. 1) and, second, application pursuant to Article 268 TFEU for compensation for the harm which the applicants claim to have suffered.

Operative part of the order

1. The action is dismissed.

2. Mr Adrian Iordăchescu, Ms Florina Iordăchescu, Ms Mihaela Iordăchescu and Mr Cristinel Iordăchescu shall pay the costs.

( 1 ) OJ C 256, 7.8.2017.
EN Official Journal of the European Union C 152/36

Order of the General Court of 27 February 2018 — SD v EIGE

(Case T-263/17) (1)

((Civil service - Members of the temporary staff - Fixed-term contracts - Decision not to renew - Request for renewal having the same purpose as a complaint within the meaning of Article 90(2) of the Staff Regulations - Inadmissibility))

(2018/C 152/46)

Language of the case: English

Parties

Applicant: SD (represented by: L. Levi and A. Blot, lawyers)

Defendant: European Institute for Gender Equality (represented by: V. Langbakk, acting as Agent, and by B. Wägenbaur, lawyer)

Re:

Action under Article 270 TFEU for, first, annulment of the implied decision of EIGE dated 26 August 2016 rejecting the Applicant’s request dated 26 April 2016 for a second renewal of his contract of employment and, where necessary, annulment of the decision of EIGE of 20 January 2017 rejecting the applicant’s complaint of 3 October 2016 against the implied decision of 26 August 2016 and, secondly, compensation for the damage allegedly suffered by the applicant as a result of those decisions.

Operative part of the order

1. The action is dismissed as being inadmissible.

2. SD is ordered to bear his own costs and to pay those incurred by the European Institute for Gender Equality (EIGE).

(1) OJ C 239, 24.7.2017.
Official Journal of the European Union

Order of the General Court of 26 June 2018 — Kerstens v Commission

(Case T-757/17) (1)

((Civil service - Officials - Disciplinary proceedings - Enforcement of a judgment delivered by the General Court on appeal - Withdrawal of the decision imposing a reprimand - Reopening of the disciplinary proceedings which led to the cancelled sanction - Claim for annulment - Act not adversely affecting an official - Claim for damages - Failure to follow the pre-litigation procedure - Manifest inadmissibility))

(2018/C 301/47)

Language of the case: French

Parties

Applicant: Petrus Kerstens (Overijse, Belgium) (represented by: C. Mourato, lawyer)

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

Re:

Application under Article 270 TFEU seeking (i) annulment of two Commission memoranda of 27 March and 6 April 2017 and (ii) compensation for the non-material damage which the applicant claims to have suffered as a result of the outcome and duration of the disciplinary proceedings CMS 15/017 and CMS 12/063.

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. Mr Petrus Kerstens is ordered to pay the costs.

(1) OJ C 32, 29.1.2018.
Case T-443/17: Order of the General Court of 30 May 2018 — António Conde & Companhia v Commission

Order of the General Court of 30 May 2018 — António Conde & Companhia v Commission

(Case T-443/17) ( 1 )

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

( 1 ) OJ C 293, 4.9.2017.
Official Journal of the European Union

Order of the General Court of 28 September 2018 — M-Sansz v Commission

(Case T-709/17) (1)

(Action for annulment - State aid - Aid implemented by Hungary in favour of companies employing disabled workers - Preliminary examination procedure - Alleged Commission decisions declaring the aid measure compatible with the internal market - Concept of ‘party concerned’ - No individual concern - Inadmissibility)

(2018/C 427/96)

Language of the case: Hungarian

Parties

Applicant: M-Sansz Kereskedelmi, Termelő és Szolgáltató Kft. (M-Sansz Kft.) (Pécs, Hungary) (represented by: L. Szabó, lawyer)

Defendant: European Commission (represented by: V. Bottka and C. Georgieva-Kecsmar, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of the decisions that the Commission allegedly adopted concerning the complaints SA.29432 — CP 290/2009 — Hungary — Aid for the employment of disabled workers alleged to be unlawful due to the discriminatory nature of the legislation and SA. 45498 (FC/2016) — Complaint made by OPS Újpest-lift Kft. concerning the State aid granted between 2006 and 2012 to companies employing disabled workers.

Operative part of the order

1. The action is dismissed.

2. M-Sansz Kereskedelmi, Termelő és Szolgáltató Kft. (M-Sansz Kft.) shall pay the costs.

(1) OJ C 437, 18.12.2017.
Official Journal of the European Union

Order of the General Court of 11 July 2018 — The Scotch Whisky Association v EUIPO — José Estévez (JOHN COR)

(Case T-438/17) (1)

(2018/C 319/31)

Language of the case: Spanish

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

(1) OJ C 309, 18.9.2017.
Official Journal of the European Union

Order of the President of the General Court of 12 October 2018 — Taminco v EFSA

(Case T-621/17 R)

((Application for interim measures - Plant protection products - Regulation (EC) No 1107/2009 - Publication of the conclusion of the examination carried out by EFSA on the review of the approval of the active substance thiram - Claim for confidential treatment of certain sections - Refusal to grant confidentiality - Application for interim measures - Lack of urgency))

(2019/C 16/56)

Language of the case: English

Parties

Applicant: Taminco BVBA (Ghent, Belgium) (represented by: C. Mereu and M. Grunchard, lawyers)

Defendant: European Food Safety Authority (represented by: D. Detken and S. Gabbi, acting as Agents, and by R. van der Hout and C. Wagner, lawyers)

Intervener in support of the defendant: European Commission (represented by: G. Koleva and I. Naglis, acting as Agents)

Re:

Application based on Articles 278 and 279 TFEU, seeking suspension of the operation of the decision of EFSA of 18 July 2017 rejecting the claims for confidential treatment made in the context of the application for the renewal of the approval of the active substance thiram.

Operative part of the order

1. The application for interim measures is dismissed.

2. The order of 19 September 2017 delivered in Case T-621/17 R is cancelled.
Order of the General Court of 19 September 2018 — SC v Eulex Kosovo

(Case T-242/17) (1)

(Action for annulment and for damages - Arbitration clause - Common foreign and security policy - Staff of EU international missions - Consecutive fixed-term employment contracts - Internal competition - Impartiality of the selection board - Non-renewal of a fixed term contract - Partial reclassification of the action - Contractual liability - Non-contractual liability - Material and non-material harm - Action in part manifestly inadmissible and in part manifestly unfounded in law)

(2018/C 427/89)

Language of the case: English

Parties

Applicant: SC (represented by: L. Moro and A. Kunst, lawyers)

Defendant: Eulex Kosovo (represented by: E. Raoult, lawyer)

Re:

Application, first, under Article 263 TFEU seeking annulment of the decision rejecting the applicant’s application for the internal competition organised by Eulex Kosovo in 2016 for the position of prosecutor (EK 30077) and of the decision of that mission not to renew her fixed-term contract, secondly, under Article 268 TFEU seeking compensation for the material and non-material harm that the applicant allegedly sustained as a result of the infringement by Eulex Kosovo of its non-contractual obligations and, thirdly, under Article 272 TFEU seeking an order that Eulex Kosovo be ordered to pay compensation for breach of its contractual obligations

Operative part of the order

1. The action is dismissed.

2. SC is ordered to pay the costs.

(1) OJ C 231, 17.7.2017.
Order of the General Court of 14 November 2018 — Spinoit v Commission and Others

(Case T-711/17) (1)

((Action for annulment and damages - Measure adopted by the Head of Section of the Delegation of the European Union to Algeria in the context of a public service contract - Decision requesting the replacement of the applicant as an expert - Termination of the agreement between the contracting company and the applicant further to that decision - No capacity as a defendant - Act not open to challenge - No sufficiently serious breach of a rule of law conferring rights on individuals - Causal link - Action manifestly inadmissible in part and manifestly lacking any foundation in law in part))

(2019/C 44/83)

Language of the case: French

Parties

Applicant: Bernard Spinoit (Charleroi, Belgium) (represented by: H. Hansen, lawyer)

Defendants: European Commission (represented by: A. Aresu, Agent), European External Action Service (represented by: S. Marquardt and R. Spac, Agents), Delegation of the European Union to Algeria

Re:

Action, first, under Article 263 TFEU for annulment of the letter of 3 August 2017 requesting the replacement of the applicant as an expert in the context of a public services contract and, second, under Article 268 TFEU for compensation for the harm that the applicant claims to have suffered further to that decision.

Operative part of the order

1. The action is dismissed.

2. Mr Bernard Spinoit shall pay the costs.

(1) OJ C 13, 15.1.2018.
Official Journal of the European Union

Order of the General Court of 20 November 2018 — Evropaïki Dynamiki v Commission

(Case T-730/17) (1)

(2019/C 44/112)

Language of the case: English

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

(1) OJ C 13, 15.1.2018.