ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 223/68

Order of the Civil Service Tribunal (Second Chamber) of 14 January 2014 — Lebedef v Commission

(Case F-60/13) (1)

((Civil Service - Officials - Registration of absences on account of sickness - Irregular absence - Deduction made by the Appointing Authority from annual leave - Application made by e-mail - Knowledge of the person concerned that a decision existed - Failure to open an e-mail and to investigate, by clicking on a hyperlink, the content of that decision - Admissibility - Time-limits - Determination of the date at which the person involved could become aware of the content of the decision))

2014/C 223/70

Language of the case: French

Parties

Applicant: Giorgio Lebedef (Senningerberg, Luxembourg) (represented by: F. Frabetti, lawyer)

Defendant: European Commission (represented by: C. Berardis-Kayser and G. Berscheid, acting as Agents)

Re:

Application for annulment of the implied decision to reject the request, made by the applicant on the basis of Article 90(1) of the Staff Regulations, for adjustment of the entries in respect of the applicant’s absences on account of sickness in the SysPer2 application.

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. Mr Lebedef shall bear his own costs and shall pay the costs incurred by the European Commission.

(1) OJ C 274, 21.9.2013, p. 29.
EN Official Journal of the European Union C 111/45

Order of the Civil Service Tribunal of 18 February 2016 — Sesma Merino v OHIM

(Case F-125/13) (1)

(2016/C 111/57)

Language of the case: French

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

(1) OJ C 129, 28/4/2014, p. 37.
EN Official Journal of the European Union C 146/47

Order of the Civil Service Tribunal (Second Chamber) of 19 March 2015 — Marcuccio v Commission

(Case F-62/13) (1)

((Exclusion of the representative of a party from the proceedings - Failure to designate a new representative - Applicant no longer responding to communications from the Tribunal - No need to adjudicate))

(2015/C 146/64)

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: A., lawyer)

Defendant: European Commission (represented by: C. Berardis-Kayser and G. Gattinara, acting as Agents)

Re:

Application for annulment of the decision to withhold the sum of EUR 500 and five further sums in the amount of EUR 504,67 from the applicant’s invalidity allowance for the months July to December 2012 respectively.

Operative part of the order

1. There is no longer any need to adjudicate on the action in Case F-62/13 Marcuccio v Commission.

2. Mr Marcuccio shall bear his own costs and pay the costs incurred by the European Commission.

(1) OJ C 352, 30.11.2013, p. 26.
EN Official Journal of the European Union C 371/35

Order of the Civil Service Tribunal of 29 August 2016 — Boyd v Commission

(Case F-19/13) (1)

(2016/C 371/42)

Language of the case: French

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

(1) OJ C 123, 27/4/2013, p. 30.
Official Journal of the European Union

Order of the Civil Service Tribunal of 29 April 2016 — Sommier v Commission

(Case F-40/13) (1)

(2016/C 222/63)

Language of the case: French

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

(1) OJ C 207, 20/7/2013, p. 60.
EN Official Journal of the European Union C 190/33

Order of the Civil Service Tribunal (First Chamber) of 23 April 2015 — Bensai v Commission

(Case F-131/14) (1)

((Civil Service - Member of contractual staff - Remuneration - Salary statement - Confirmative in nature - Failure to follow the requirements of the pre-litigation procedure - Reform of the Staff Regulations - Increase in working hours without adjustment of salary - No effect on the confirmative nature of the salary statement - Lack of equality between members of contractual staff and local staff - Article 81 of the Rules of Procedure))

(2015/C 190/38)

Language of the case: French

Parties

Applicant: David Bensai (Müllendorf, Luxembourg) (represented by: A. Salerno, lawyer)

Defendant: European Commission (represented by: C. Berardis-Kayser and G. Berscheid, acting as Agents)

Re:

Application for annulment of the Commission’s decision not to increase the salary of the applicant, who is a member of the contractual staff, following the increase in working hours to 40 hours a week as a result of the entry into force of the new Staff Regulations on 1 January 2014.

Operative part of the order

1. The action is dismissed as manifestly inadmissible and, in any event, manifestly unfounded.

2. Mr Bensai shall bear his own costs and shall pay the costs incurred by the European Commission.

(1) OJ C 7, 12.1.2015, p. 61.
Official Journal of the European Union

Order of the Civil Service Tribunal (3rd Chamber) of 30 September 2014 — Ojamaa v Parliament

(Case F-37/14) (1)

((Civil service - Officials - Appointing authority - Act adversely affecting an official - Manifest inadmissibility))

(2014/C 395/83)

Language of the case: French

Parties

Applicant: Priit Ojamaa (Brussels, Belgium) (represented by: M. Casado García-Hirschfeld, lawyer)

Defendant: European Parliament (represented by: M. Ecker and N. Chemaï, Agents)

Re:

Application for annulment of the Parliament’s decision not to allow 16 days of leave not taken in 2012 to be carried over to 2013, after the applicant had been on long-term sick leave for a serious illness.

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. Mr Ojamaa is to bear his own costs and is ordered to pay the costs incurred by the European Parliament.

(1) OJ C 184 of 16/06/2014, p. 47.
EN Official Journal of the European Union C 16/52

Order of the Civil Service Tribunal (2nd Chamber) of 19 November 2015 — Marcuccio v Commission

(Case F-33/14)

((Exclusion from the proceedings of a party’s representative - No new representative appointed - Applicant ceasing the answer the Tribunal’s requests - No need to adjudicate))

(2016/C 016/61)

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: Z, lawyer)

Defendant: European Commission

Re:

Application for annulment of the decision rejecting the request of 20 January 2013 for payment of the sum of EUR 700 000 in respect of compensation for the material and non-material harm allegedly incurred as a result of the decision to reassign the applicant to Brussels.

Operative part of the order

1. There is no further need to adjudicate on the action in Case F-33/14 Marcuccio v Commission.
EN Official Journal of the European Union C 262/44

Order of the Civil Service Tribunal of 30 June 2015 — EI v Council

(Case F-87/14) (1)

(2015/C 262/62)

Language of the case: French

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

(1) OJ C 431, 1.12.2014, p. 49.
Official Journal of the European Union

Order of the Civil Service Tribunal (3rd Chamber) of 20 July 2016 — Hoeve v Commission

(Case F-46/14) (1)

((Civil service - Officials - Pensions - Article 11(2) of Annex VIII to the Staff Regulations - Pension rights acquired, prior to entering the service of the EU, under a national pension scheme - Transfer to the EU pension scheme - Proposal concerning additional pensionable years - Objection of inadmissibility - Concept of an act having adverse effect - Article 83 of the Rules of Procedure))

(2016/C 364/64)

Language of the case: French

Parties

Applicant: Roelof-Jan Wino Hoeve (Brussels, Belgium) (represented initially by D. de Abreu Caldas, M. de Abreu Caldas and J.-N. Louis, lawyers, and subsequently by J.-N. Louis, lawyer)

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

Re:

Application for annulment of the decision relating to the transfer of the applicant’s pension rights to the European Union pension scheme which applies the new GIP relating to Articles 11 and 12 of Annex VIII to the Staff Regulations.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Mr Roelof-Jan Wino Hoeve shall bear his own costs and pay the costs incurred by the European Commission.

(1) OJ C 212, 7/7/2014, p. 47.
Official Journal of the European Union

Order of the Civil Service Tribunal of 4 May 2016 — Nill v Commission

(Case F-19/14) (1)

(2016/C 222/71)

Language of the case: French

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

(1) OJ C 184, 16/6/2014, p. 41.
EN Official Journal of the European Union C 279/53

Order of the Civil Service Tribunal (Third Chamber) of 16 July 2015 — FG v European Commission

(Case F-20/15) (1)

((Civil Service - Officials - Reform of the Staff Regulations - Regulation No 1023/2013 - Types of posts - Transitional rules on grading in the types of posts - Article 30(2) of Annex XIII to the Staff Regulations - Suitability for promotion to the grade above - Promotion year 2014 - Administrator without ‘particular responsibilities’ - Promotion possibilities capped at grade AD 12 - Name of that administrator not included in the list of promotable officials in grade AD 12 - Possibility of requesting to benefit under Article 30(3) of Annex XIII to the Staff Regulations - Deadline of 31 December 2015 - Admissibility of the action - Concept of measure adversely affecting a person - Amendment of the digital personal file of the official - Administrative information - Published on the institution’s intranet - Failure to satisfy the requirements of the pre-litigation procedure - Article 81 of the Rules of Procedure))

(2015/C 279/67)

Language of the case: French

Parties

Applicant: FG (represented by: M. Velardo, lawyer)

Defendant: European Commission (represented by: T.S. Bohr and E. Ehrbar, acting as Agents, and B. Wägenbaur, lawyer)

Re:

Application for annulment of the decision not to include the applicant on the list of officials proposed for promotion to grade AD 13 in promotion year 2014.

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. Each party shall bear its own costs.

(1) OJ C 127, 20.4.2015, p. 41.
EN Official Journal of the European Union C 106/50

Order of the Civil Service Tribunal (Second Chamber) of 5 February 2016 — Fedtke v EESC

(Case F-107/15) (1)

((Civil Service - Officials - Automatic retirement - Retirement age - Application to remain in service beyond the age limit - Second paragraph of Article 52 of the Staff Regulations - Interest of the service - Article 82 of the Rules of Procedure - Absolute bar to proceeding - Irregularity of the pre-litigation procedure))

(2016/C 106/61)

Language of the case: French

Parties

Applicant: Ingrid Fedtke (Wezembeek-Oppen, Belgium) (represented by: M.-A. Lucas, lawyer)

Defendant: European Economic and Social Committee (represented by: K. Gambino, A. Carvajal, L. Camerena Januzec and X. Chamodraka, acting as Agents, and B. Wägenbaur, lawyer)

Re:

Application for annulment of the decision placing the applicant in retirement with effect from 31 December 2014 and the decision rejecting her application for an extension of her service.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Ms Fedtke shall bear her own costs and shall pay the costs incurred by the European Economic and Social Committee.

(1) OJ C 320, 28.9.2015, p. 53.
EN Official Journal of the European Union C 7/36

Order of the Civil Service Tribunal (3rd Chamber) of 18 November 2015 — FH v European Parliament

(Case F-73/15) (1)

((Civil service - Officials - Application for payment of the daily subsistence allowance - Implied rejection followed by an express rejection - No complaint against the implied rejection - Express rejection confirmatory in nature - Complaint time-barred - Manifest inadmissibility))

(2016/C 007/48)

Language of the case: French

Parties

Applicant: FH (represented by: M. Casado García-Hirschfeld, lawyer)

Defendant: European Parliament (represented by: O. Caisou-Rousseau and N. Chemaï, Agents)

Re:

Application for annulment of the decision not to grant the daily subsistence allowance to the applicant following his transfer from the Commission, where he was employed in the EU Delegation to Yemen, to the European Parliament, in Brussels.

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. The European Parliament is to bear its own costs and is ordered to pay the costs incurred by FH.

(1) OJ C 245, 27/7/2015, p. 50.
Official Journal of the European Union

Order of the Civil Service Tribunal (First Chamber) of 2 August 2016 — Polizzi v Commission

(Case F-70/15) (1)

((Civil service - Contract staff - Pensions - Article 11(2) of Annex VIII to the Staff Regulations - Transfer to the EU pension scheme of pension rights acquired under a national pension scheme - Decision recognising the crediting of pensionable years applying the new GIP relating to Articles 11 and 12 of Annex VIII to the Staff Regulations - Article 81 of the Rules of Procedure - Action in part manifestly inadmissible and in part manifestly unfounded))

(2016/C 364/72)

Language of the case: French

Parties

Applicant: Rosalba Polizzi (Brussels, Belgium) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission (represented by: initially J. Currall and G. Gattinara, Agents, then G. Gattinara, Agent)

Subject-matter of the case

Action for annulment of the final decision transferring the applicant’s pension rights to the EU pension scheme, which applies the new general implementing provisions (GIP) of Article 11(2) of Annex VIII of the Staff Regulations of 3 March 2011.

Operative part of the order

1) The action is dismissed as in part manifestly inadmissible and in part manifestly unfounded.

2) The parties shall bear their own costs.

(1) OJ C 245, 27.7.2015, p 49.
Official Journal of the European Union

Order of the Civil Service Tribunal (1st Chamber) of 28 April 2016 — Silva Rodriguez v Commission

(Case F-115/15) (1)

((Civil service - Officials - Pension - Calculation of pension rights - Management premium - Article 81 of the Rules of Procedure))

(2016/C 222/57)

Language of the case: French

Parties

Applicant: José Manuel Silva Rodriguez (Madrid, Spain) (represented by: N. de Montigny and J.-N. Louis, lawyers)

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

Re:

Application seeking annulment of the Commission’s decision limiting the applicant’s pension rights; a declaration that the Conclusions of the Heads of Administration of 16 June 2005 are inapplicable inasmuch as they limit the bonus applied to the applicant’s pension rights, and that the defendant be ordered to pay the applicant the retirement pension to which he is entitled.

Operative part of the order

1. The action brought by Mr José Manuel Silva Rodriguez is dismissed as in part manifestly inadmissible and in part manifestly unfounded.

2. Mr Silva Rodriguez shall bear his own costs and pay the costs incurred by the European Commission.

(1) OJ C 320 of 28/9/2015, p. 56.
36

In that connection, it is to be remembered that Article 8(1)(b) of Regulation No 40/94 is designed to apply only if, by reason of the identity or similarity both of the marks and of the goods or services which they designate,‘there exists a likelihood of confusion on the part of the public in the territory in which the earlier trade mark is protected; the likelihood of confusion includes the likelihood of association with the earlier trade mark’. It follows from that wording that the concept of likelihood of association is not an alternative to that of likelihood of confusion, but serves to define its scope. The terms of the provision itself thus exclude its application where there is no likelihood of confusion on the part of the public (Case C-251/95 SABEL [1997] ECR I-6191, paragraph 18, and Case C-425/98 Marca Mode [2000] ECR I-4861, paragraph 34). Consequently, likelihood of confusion within the meaning of that provision exists only if it is shown that consumers might believe that the products sold under the opposing marks come from the same undertaking or from economically-linked undertakings (Canon, cited above, paragraph 29). In this case, that condition might be fulfilled if the first four letters of the word of the sign applied for (‘Gala’) could be perceived as a designation of origin attached to the holder of the earlier marks and if the ending of the word (‘xia’) could be identified as a related element designating, for example, a particular product line. However, it is apparent from paragraph 24 above that the first part of the word ‘Galáxia’ (‘Gala’) will not be perceived by consumers as separate and distinct from the ending of that word (‘xia’). It follows that consumers cannot be led to suppose that the products sold under the earlier marks (GALA) and the product sold under the mark applied for consisting of the word ‘Galáxia’ come from the same undertaking or economically-linked undertakings. In addition, pursuant to the provisions of Regulation No 40/94, in particular Articles 4, 7 and 8 thereof, trademark applicants are certainly not required to prove a semantic link between the mark and the product covered by it. Therefore, the fact that there is no semantic link between the word of the mark applied for and the product covered by it (coffee) is irrelevant.
1.

The operation of Decision AFA-C-0000004274-77-09/F of the European Chemicals Agency (ECHA) of 24 January 2014 is suspended in so far as it grants to a third party, 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, access to a version of the report on the chemical safety and the analysis of the possible replacements for the substance Bis (2-ethylhexyl) phthalate (DEHP), which is more detailed than the version with the material specified in the application for interim measures blanked out and which is set out in Annexes A.4.5 and A.4.6. of that application, with the exception, first, of the information on the classification and labelling of substances and, secondly, of the data specifically and exclusively concerning Arkema France, Grupa Azoty Zakłady Azotowe Kędzierzyn S.A. and Vinyloop Ferrara S.p.A.
Order of the General Court of 10 November 2014 — Czech Republic v Commission

(Case T-27/14) (1)

(Action for annulment - Internal market in natural gas - Article 22 of Directive 2003/55 EC - Letter from the Commission requesting a regulatory authority to annul its decision relating to the grant of a derogation - Measure not subject to review - Inadmissibility)

(2015/C 016/63)

Language of the case: Czech

Parties

Applicant: Czech Republic (represented by: M. Smolek, J. Vláčil and T. Müller, Agents)

Defendant: European Commission (represented by: K. Herrmann and P. Němečková, agents)

Re:

Application for annulment of the decision allegedly contained in the Commission’s letter C(2013)7221 final of 4 November 2013, addressed to the Czech Ministry of Trade and Industry, and the Czech Energy Regulatory Office, on the basis of Article 22(4) of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ 2003 L 176, p. 57).

Operative part of the order

1. The action is dismissed as inadmissible.

2. The Czech Republic shall bear its own costs as well as those incurred by the European Commission.

(1) OJ C 85, 22.3.2014.
EN Official Journal of the European Union C 361/10

Order of the President of the General Court of 20 August 2014 — Gmina Kosakowo v Commission

(Case T-217/14 R)

((Interim proceedings - State aid - Airport infrastructure - Public finance granted by the local authorities to a regional airport - Decision declaring the aid incompatible with the internal market and ordering its recovery - Application for suspension of operation - Lack of urgency))

2014/C 361/12

Language of the case: Polish

Parties

Applicant: Gmina Kosakowo (Poland) (represented by: M. Leśny, lawyer)

Defendant: European Commission (represented by: D. Grespan, S. Noë and A. Stobiecka-Kuik, Agents)

Re:

Application to suspend operation of Commission Decision C(2014) 759 final of 11 February 2014 relating to measure S.A,35388 (2013/C) (ex 2013/NN and ex 2012/N) — Poland — Conversion of the Gdynia-Kosakowo airport.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 56/22

Order of the General Court of 28 November 2014 — Quanzhou Wouxun Electronics v OHMI — Locura Digital (WOUXUN)

(Case T-345/14) (1)

((Action for annulment - Time-limit for bringing proceedings - Out of time - No unforeseeable circumstances or force majeure - Manifest inadmissibility))

(2015/C 056/31)

Language of the case: French

Parties

Applicant: Quanzhou Wouxun Electronics Co. Ltd (Quanzhou, China) (represented by: A. Sebastião and J. Pimenta, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Locura Digital, SL (Granollers, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 17 February 2014 (Case R 407/2013-4), concerning an application for registration of the word sign WOUXUN as a Community trade mark.

Operative part of the order

1. The action is dismissed.

2. Quanzhou Wouxun Electronics Co. Ltd shall bear its own costs.

(1) OJ C 235, 21.7.2014.
EN Official Journal of the European Union C 431/25

Order of the President of the General Court of 4 September 2014 — Klemme v Commission

(Case T-294/14 R)

((Application for interim measures - State aid - National support for the generation of renewable electricity - Commission decision to open the State aid formal investigation procedure - Application for suspension of operation of a measure - Prima facie case))

(2014/C 431/43)

Language of the case: German

Parties

Applicant: Klemme AG (Lutherstadt Eisleben, Germany) (represented by: T. Volz and B. Wißmann, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and R. Sauer, Agents)

Re:

Application to suspend the legal effects of the decision by which the Commission opened the State aid formal investigation procedure concerning the German law on renewable energy.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 127/39

Order of the General Court of 27 January 2015 — Richard Anton v ECHA

(Case T-208/14) (1)

(2015/C 127/54)

Language of the case: English

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

(1) OJ C 202, 30.6.2014.
EN Official Journal of the European Union C 81/29

Order of the General Court of 12 January 2015 — Luxembourg v Commission

(Case T-258/14) (1)

(2015/C 081/37)

Language of the case: French

The President of the Fifth Chamber (extended composition) has ordered that the case be removed from the register.

(1) OJ C 223, 14.7.2014.