ddrg/super_eurlex huggingface dataset:
Judgment of the General Court of 3 December 2019 — Yieh United Steel v Commission

(Case T-607/15) (1)

(Dumping - Imports of stainless steel cold-rolled flat products originating in China and Taiwan - Definitive anti-dumping duty - Implementing Regulation (EU) 2015/1429 - Article 2(3) and (5) of Regulation (EC) No 1225/2009 (now Article 2(3) and (5) of Regulation (EU) 2016/1036) - Article 2(1) and (2) of Regulation No 1225/2009 (now Article 2(1) and (2) of Regulation 2016/1036) - Calculation of the normal value - Calculation of the production cost - Sales of the like product intended for consumption on the domestic market of the exporting country)

(2020/C 27/35)

Language of the case: English

Parties

Applicant: Yieh United Steel Corp. (Kaohsiung City, Taiwan) (represented by D. Luff, lawyer)

Defendant: European Commission (represented by J. F. Brakeland and A. Demeneix, acting as Agents)

Intervener in support of the defendant: Eurofer, Association européenne de l’acier, ASBL (Luxembourg, Luxembourg) (represented by J. Killick, G. Forwood and C. Van Haute, lawyers)

Re:

Application pursuant to Article 263 TFEU seeking the annulment in part of Commission Implementing Regulation (EU) 2015/1429 of 26 August 2015 imposing a definitive anti-dumping duty on imports of stainless steel cold-rolled flat products originating in the People’s Republic of China and Taiwan (OJ 2015 L 224, p. 10).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Yieh United Steel Corp. to bear its own costs and to pay those incurred by the European Commission and by Eurofer, Association européenne de l’acier, ASBL.

(1) OJ C 38, 1.2.2016.
Judgment of the General Court of 12 July 2019 — Binca Seafoods v Commission

(Case T-94/15 RENV) (1)

(Production and labelling of organic products - Regulation (EC) No 834/2007 - Amendments to Regulation (EC) No 889/2008 - Implementing Regulation (EU) No 1358/2014 - Prohibition of hormones - Non-renewal of the transitional period concerning aquaculture animals provided for in Article 95(11) of Regulation No 889/2008 - Methods of reproduction - Exceptional authorisation to collect wild aquaculture juveniles for on-growing purposes - Equal treatment)

(2019/C 305/37)

Language of the case: German

Parties

Applicant: Binca Seafoods GmbH (Munich, Germany) (represented by: H. Schmidt, lawyer)

Defendant: European Commission (represented by: A. Lewis, G. von Rintelen and K. Walkerová, Agents)

Re:

Application on the basis of Article 263 TFEU for annulment of Commission Implementing Regulation (EU) No 1358/2014 of 18 December 2014 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 as regards the origin of organic aquaculture animals, aquaculture husbandry practices, feed for organic aquaculture animals and products and substances allowed for use in organic aquaculture (OJ 2014 L 365, p. 97).

Operative part of the judgment

1. The action is dismissed.

2. Binca Seafoods GmbH is ordered to pay the costs relating to the proceedings before the General Court and before the Court of Justice.

(1) OJ C 155, 11.5.2015.
EN Official Journal of the European Union C 195/47

Corrigendum to the notice in the Official Journal concerning Case T-232/16 P

( Official Journal of the European Union C 63 of 27 February 2017 )

(2017/C 195/62)

The notice in Case T-232/16 P, Commission v Frieberger and Vallin, should read as follows:

Judgment of the General Court of 19 January 2017 — Commission v Frieberger and Vallin (Case T-232/16 P) (1) ((Appeal - Civil service - Officials - Pensions - Reform of the Staff Regulations - Raising of the retirement age - Decision refusing to recalculate the bonus relating to pension rights - Principle of ne ultra petita - Error in law - Obligation to state reasons)) (2017/C 063/39) Language of the case: French Parties Appellant: European Commission (represented by: G. Berscheid and G. Gattinara, acting as Agents) Other parties to the proceedings: Jürgen Frieberger (Woluwe-Saint-Lambert, Belgium) and Benjamin Vallin (Saint-Gilles, Belgium) (represented by: J.-N. Louis and N. de Montigny, lawyers) Re: Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Third Chamber) of 2 March 2016, Frieberger and Vallin v Commission (F-3/15, EU:F:2016:26), seeking to have that judgment set aside. Operative part of the judgment The General Court: 1. Sets aside the judgment of the Civil Service Tribunal of the European Union (Third Chamber) of 2 March 2016, Frieberger and Vallin v Commission (F-3/15); 2. Dismisses the action brought by Mr Jürgen Frieberger and Mr Benjamin Vallin before the Civil Service Tribunal in Case F-3/15; 3. Orders each party to bear its own costs relating to the appeal proceedings; 4. Orders Mr Frieberger and Mr Vallin to pay the costs of the proceedings before the Civil Service Tribunal, including the costs incurred by the European Commission; 5. Orders the European Parliament and the Council of the European Union to bear their own costs in relation both to the proceedings before the Civil Service Tribunal and to the present proceedings.

(1) OJ C 243, 4.7.2016.
EN Official Journal of the European Union C 95/10

Judgment of the General Court of 14 February 2017 — Pandalis v EUIPO — LR Health & Beauty Systems (Cystus)

(Case T-15/16) (1)

(((EU trade mark - Revocation proceedings - EU word mark Cystus - Partial revocation - Article 51(1)(a) of Regulation (EC) No 207/2009 - No genuine use of the mark)))

(2017/C 095/18)

Language of the case: German

Parties

Applicant: Georgios Pandalis (Glandorf, Germany) (represented by: A. Franke, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: LR Health & Beauty Systems GmbH (Ahlen, Germany) (represented by: N. Weber and L. Thiel, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 30 October 2015 (Case R 2839/2014-1), relating to revocation proceedings between LR Health & Beauty Systems and Mr Pandalis.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Georgios Pandalis to pay the costs.

(1) OJ C 90, 7.3.2016.
EN Official Journal of the European Union C 63/28

Judgment of the General Court of 19 January 2017 — Commission v Frieberger and Vallin

(Case T-232/16 P) (1)

((Appeal - Civil service - Officials - Pensions - Reform of the Staff Regulations - Raising of the retirement age - Decision refusing to recalculate the bonus relating to pension rights - Principle of ne ultra petita - Error in law - Obligation to state reasons))

(2017/C 063/39)

Language of the case: French

Parties

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

Other parties to the proceedings: Jürgen Frieberger (Woluwe-Saint-Lambert, Belgium) and Benjamin Vallin (Saint-Gilles, Belgium) (represented by: J.-N. Louis and N. de Montigny, lawyers)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Third Chamber) of 2 March 2016, Frieberger and Vallin v Commission (F-3/15, EU:F:2016:26), seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the Civil Service Tribunal of the European Union (Third Chamber) of 2 March 2016, Frieberger and Vallin v Commission (F-3/15);

2. Dismisses the action brought by Jürgen Frieberger and Benjamin Vallin before the Civil Service Tribunal in Case F-3/15;

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

4. Orders Mr Frieberger and Mr Vallin to pay the costs of the proceedings before the Civil Service Tribunal, including the costs incurred by the European Commission.

(1) OJ C 243, 4.7.2016.
EN Official Journal of the European Union C 161/28

Judgment of the General Court of 6 April 2017 — Clean Sky 2 Joint Undertaking v Scouring Environment

(Case T-238/16) (1)

((Arbitration clause - Grant agreement concluded in the framework of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) - Non-performance of the contract - Repayment of the sums advanced - Default interest - Procedure by default))

(2017/C 161/39)

Language of the case: English

Parties

Applicant: Clean Sky 2 Joint Undertaking (Brussels, Belgium) (represented by: B. Mastantuono, acting as Agent, assisted by M. Velardo, lawyer)

Defendant: Scouring Environment SARL (Tauriac, France)

Re:

Action brought on the basis of Article 272 TFEU for an order that Scouring Environment repay the sum advanced under Grant Agreement No 287071, together with default interest.

Operative part of the judgment

The Court:

1. Orders Scouring Environment SARL to repay the Clean Sky 2 Joint Undertaking the sum of EUR 60 000, together with accrued default interest calculated at the rate of 3,65 % per annum from 12 September 2014 until the date of full payment of the amount due;

2. Orders Scouring Environment to pay the costs.

(1) OJ C 260, 18.7.2016.
EN Official Journal of the European Union C 144/42

Judgment of the General Court of 15 March 2017 — Fernández González v Commission

(Case T-455/16 P) (1)

((Appeal - Civil service - Temporary staff - Recruitment - Employment of temporary staff in permanent posts - Plea of illegality - Error of law))

(2017/C 144/56)

Language of the case: French

Parties

Appellant: Elia Fernández González (Brussels, Belgium) (represented by: M. Casado García-Hirschfeld and É. Boigelot, lawyers)

Other party to the proceedings: European Commission (represented by: C. Berardis-Kayser and G. Bersheid, Agents, and, initially, D. Waelbroeck and A. Duron, and subsequently A. Duron, lawyers)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Single Judge) of 14 June 2016, Fernández González v Commission (F-121/15, EU:F:2016:128), and seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the European Union Civil Service Tribunal (Single Judge) of 14 June 2016, Fernández González v Commission (F-121/15, EU:F:2016:128);

2. Refers the case to a Chamber of the General Court other than that which has ruled on the present appeal;

3. Reserves the costs.

(1) OJ C 383, 17.10.2016.
EN Official Journal of the European Union C 221/20

Judgment of the General Court of 18 May 2017 — Reisswolf v EUIPO (secret.service.)

(Case T-163/16) (1)

((EU trade mark - Application for EU word mark secret.service. - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Examination of the facts by EUIPO of its own motion - Article 76 of Regulation No 207/2009 - Duty to state reasons - Article 75 of Regulation No 207/2009))

(2017/C 221/26)

Language of the case: German

Parties

Applicant: Reisswolf Akten- und Datenvernichtung GmbH & Co. KG (Hamburg, Germany) (represented by: A. Ebert-Weidenfeller, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 8 February 2016 (Case R 1820/2015-4) concerning an application for registration of the word sign secret.service. as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Reisswolf Akten- und Datenvernichtung GmbH & Co. KG to pay the costs.

(1) OJ C 200, 6.6.2016.
EN Official Journal of the European Union C 195/22

Judgment of the General Court of 4 May 2017 — Haw Par v EUIPO — Cosmowell (GELENKGOLD)

(Case T-25/16) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark GELENKGOLD - Earlier EU figurative mark representing a tiger - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Force of res judicata - Enhanced distinctive character of the earlier mark acquired through use - Article 8(1)(b) of Regulation (EC) No 207/2009 - Right to be heard - Second sentence of Article 75 of Regulation No 207/2009 - Series of marks))

(2017/C 195/30)

Language of the case: German

Parties

Applicant: Haw Par Corp. Ltd (Singapore, Singapore) (represented by: R.-D. Härer, C. Schultze, J. Ossing, C. Weber, H. Ranzinger, C. Gehweiler and C. Brockmann, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the Court: Cosmowell GmbH (Sankt Johann in Tirol, Austria) (represented by: J. Sachs and C. Sachs, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 4 November 2015 (Case R 1907/2015-1) concerning opposition proceedings between Haw Par and Cosmowell.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Haw Par Corp. Ltd to bear the costs.

(1) OJ C 106, 21.3.2016.
EN Official Journal of the European Union C 256/24

Judgment of the General Court of 21 June 2017 — GP Joule PV v EUIPO — Green Power Technologies (GPTech)

(Case T-235/16) (1)

((EU trade mark - Opposition proceedings - Application for the EU figurative trade mark GPTech - Earlier EU word marks GP JOULE - Failure to produce before the Opposition Division proof of entitlement to file a notice of opposition - Proof first produced before the Board of Appeal - Failure to take into account - Discretion of the Board of Appeal - Circumstances precluding additional or supplementary evidence from being taken into account - Article 76(2) of Regulation (EC) No 207/2009 - Rules 17(4), 19(2), 20(1) and 50(1) of Regulation (EC) No 2868/95))

(2017/C 256/26)

Language of the case: English

Parties

Applicant: GP Joule PV GmbH & Co. KG (Reußenköge, Germany) (represented by: F. Döring, lawyer)

Defendant: European Union Intellectual Property Office (represented by: E. Zaera Cuadrado, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Green Power Technologies, SL (Bollullos de la Mitación, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 9 February 2016 (Case R 848/2015-2), relating to opposition proceedings between GP Joule PV and Green Power Technologies.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders GP Joule PV GmbH & Co. KG to pay the costs.

(1) OJ C 279, 1.8.2016.
EN Official Journal of the European Union C 239/46

Judgment of the General Court of 8 June 2017 — Kaane American International Tobacco v EUIPO — Global Tobacco (GOLD MOUNT)

(Case T-294/16) (1)

((EU trade mark - Revocation proceedings - EU figurative mark GOLD MOUNT - No genuine use of the trade mark - No proper reasons for non-use - Article 51(1)(a) of Regulation (EC) No 207/2009))

(2017/C 239/58)

Language of the case: English

Parties

Applicant: Kaane American International Tobacco Company FZE, formerly Kaane American International Tobacco Co. Ltd. (Jebel Ali, United Arab Emirates) (represented by: G. Hinarejos Mulliez and I. Valdelomar, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Global Tobacco FZCO (Dubai, United Arab Emirates) (represented by: G. Hussey, Solicitor, and B. Brandreth, Barrister)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 8 April 2016 (Case R 1857/2015-4) relating to revocation proceedings between Global Tobacco and Kaane American International Tobacco.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Kaane American International Tobacco Company FZE to pay the costs.

(1) OJ C 279, 1.8.2016.
EN Official Journal of the European Union C 277/41

Judgment of the General Court of 7 July 2017 — Axel Springer v EUIPO — Stiftung Warentest (TestBild)

(Case T-359/16) (1)

((EU trade mark - Opposition proceedings - Application for an EU word mark TestBild - Earlier national figurative marks test - Relative ground for refusal - Likelihood of confusion - Similarity of the goods and services - Similarity of the signs - Inherent distinctive character - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2017/C 277/60)

Language of the case: German

Parties

Applicant: Axel Springer SE (Berlin, Germany) (represented by: K. Hamacher and G. Müllejans, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Stiftung Warentest (Berlin) (represented: initially by R. Mann, J. Smid, T. Brach, H. Nieland and A.-K. Kornrumpf and subsequently by J. Smid, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 4 May 2016 (Case R 555/2015-4), relating to opposition proceedings between Stiftung Warentest and Axel Springer.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 4 May 2016 (Case R 555/2015-4), in so far as it found that there was a likelihood of confusion in respect of ‘printed matter, in particular test periodicals, consumer information, prospectuses, catalogues, books, newspapers and periodicals; instructional and teaching material (except apparatus)’, in Class 16 of the Nice Agreement of 15 June 1957 concerning the International Classification of Goods and Services for the purposes of the Registration of Marks, as revised and amended;

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 296, 16.8.2016.
EN Official Journal of the European Union C 277/44

Judgment of the General Court of 6 July 2017 — Bodson and Others v EIB

(Case T-506/16) (1)

((Civil service - EIB staff - Contractual nature of the employment relationship - Remuneration - Reform of the system of remuneration and salary progression - Legitimate expectations - Legal certainty - Manifest error of assessment - Proportionality - Duty to have regard for the welfare of staff - Article 11(3) of the Rules of Procedure of the EIB))

(2017/C 277/66)

Language of the case: French

Parties

Applicants: Jean-Pierre Bodson (Luxembourg, Luxembourg) and the 483 other applicants whose names are listed in the annex to the judgment (represented by: L. Levi, lawyer)

Defendant: European Investment Bank (EIB) (represented by: initially, C. Gómez de la Cruz, G. Nuvoli and T. Gilliams, and, subsequently, T. Gilliams and G. Faedo, acting as Agents, assisted by P.-E. Partsch, lawyer)

Re:

Action under Article 270 TFEU seeking, first, annulment of the decisions, contained in the salary slips from April 2013 onwards, applying to the applicants the decision of the EIB Board of Directors of 18 December 2012, the decision of the EIB Management Committee of 29 January 2013, and the article published online on 5 February 2013 informing staff of the adoption of those two decisions; and, secondly, an order that the EIB pay to the applicants a sum corresponding to the difference between the amount of remuneration paid in application of the abovementioned decisions and the amount of remuneration due under the previous system, together with compensation for the damage which the applicants claim to have suffered as a result of their loss of purchasing power.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Jean-Pierre Bodson and the other members of staff of the European Investment Bank (EIB) whose names are listed in the annex to pay the costs.

(1) OJ C 207, 20.7.2013 (case initially registered before the Civil Service Tribunal of the European Union under number F-45/13 and transferred to the General Court of the European Union on 1 September 2016).
EN Official Journal of the European Union C 293/31

Judgment of the General Court of 20 July 2017 — Cafés Pont v EUIPO — Giordano Vini (Art’s Cafè)

(Case T-309/16) (1)

((EU trade mark - Revocation proceedings - EU figurative trade mark Art’s Cafè - Genuine use of the mark - Article 15(1) and Article 51(1) of Regulation (EC) No 207/2009))

(2017/C 293/35)

Language of the case: English

Parties

Applicant: Cafés Pont, SL (Sabadell, Spain) (represented by: E. Manresa Medina and J. Manresa Medina, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Giordano Vini SpA (Diano d’Alba, Italy) (represented by: F. Jacobacci and L. Ghedina, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 1 April 2016 (Case R 1110/2015-2), relating to revocation proceedings between Giordano Vini and Cafés Pont.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Cafés Pont, SL to pay the costs.

(1) OJ C 296, 16.8.2016.
EN Official Journal of the European Union C 283/46

Judgment of the General Court of 18 July 2017 — Commission v RN

(Case T-695/16) (1)

((Appeal - Civil Service - Officials - Surviving spouse - Pensions - Survivor’s pension - Article 20 of Annex VIII to the Staff Regulations - Conditions for eligibility - Error of law))

(2017/C 283/71)

Language of the case: French

Parties

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

Other parties to the proceedings: RN (represented by: F. Moyse, lawyer) and European Parliament (represented by: M. Ecker and E. Taneva, acting as Agents)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Third Chamber) of 20 July 2016, RN v Commission (F-104/15, EU:F:2016:163) seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the European Union Civil Service Tribunal (Third Chamber) of 20 July 2016, RN v Commission (F-104/15;

2. Refers the case back to a Chamber of the General Court other than that which has ruled on the present appeal;

3. Reserves the costs.

(1) OJ C 441, 28.11.2016.
EN Official Journal of the European Union C 374/30

Judgment of the General Court of 26 September 2017 — Banca Monte dei Paschi di Siena and Banca Widiba v EUIPO — ING-DIBa (WIDIBA)

(Case T-83/16) (1)

((EU trade mark - Opposition proceedings - Application for EU word mark WIDIBA - Earlier national word mark DiBa - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Inadmissibility of the appeal before the Board of Appeal - Request for restitutio in integrum - Duty of care))

(2017/C 374/45)

Language of the case: English

Parties

Applicants: Banca Monte dei Paschi di Siena SpA (Siena, Italy) and Wise Dialog Bank SpA (Banca Widiba SpA) (Milan, Italy) (represented by: L. Trevisan and D. Contini, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: ING-DIBa AG (Frankfurt am Main, Germany) (represented by: N. Gerling and M. Wolpert-Witzel, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 26 November 2015 (Joined Cases R 112/2015-2 and R 190/2015-2), relating to opposition proceedings between ING-DIBa and Banca Monte dei Paschi di Siena.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Banca Monte dei Paschi di Siena SpA and Wise Dialog Bank SpA (Banca Widiba SpA) to pay the costs.

(1) OJ C 211, 13.6.2016.