ddrg/super_eurlex huggingface dataset:
Judgment of the General Court of 19 September 2019 — BTC v Commission

(Case T-786/17) (1)

(Arbitration clause - Grant agreement entered into in the context of the eTEN framework programme, relating to trans-European telecommunications networks - ‘SafeChemo’ project - Investigation report from OLAF finding certain expenses incurred to be ineligible - Repayment in part of the sums paid - Counterclaim)

(2019/C 399/53)

Language of the case: German

Parties

Applicant: BTC Srl (Bolzano, Italy) (represented by: L. von Lutterotti and A. Frei, lawyers)

Defendant: European Commission (represented by: A. Katsimerou and B.-R. Killmann, acting as Agents)

Re:

First, application under Article 263 TFEU seeking the annulment (i) of Commission Decision Ares(2017) 4709558 of 27 September 2017 demanding repayment of an amount paid to the applicant pursuant to Agreement C046311 for the financing of the ‘ePrescription and Automation for a Safe Management of Cytostatistics’ project, entered into in the context of the eTEN programme, relating to trans-European telecommunications networks, (ii) of the Commission’s letter Ares(2017) 4790311 of 2 October 2017 communicating Debit Note No 3241712708, and (iii) of Debit Note No 3241712708, and, second, application under Article 272 TFEU seeking a declaration that the Commission’s demand for repayment is unfounded and a counterclaim seeking an order against the applicant for repayment of an amount wrongfully paid under that agreement.

Operative part of the judgment

The Court:

1. Dismisses the action brought by BTC Srl;

2. Orders BTC to pay the Commission the principal sum of EUR 380 989.49, plus default interest at the rate of 3.5% from 17 November 2017 until payment in full of that amount;

3. Orders BTC to bear its own costs and to pay the costs incurred by the Commission.

(1) OJ C 42, 5.2.2018.
Official Journal of the European Union

Judgment of the General Court of 3 December 2019 — Pethke v EUIPO

(Case T-808/17) ( (1))

(Civil service - Officials - Appraisal report - Regularity of appraisal procedures and appraisal appeal procedures - Requirement for the appeal assessor to be impartial)

(2020/C 27/36)

Language of the case: German

Parties

Applicant: Ralph Pethke (Alicante, Spain) (represented by: H. Tettenborn, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Lukošiūtė, acting as Agent, and B. Wägenbaur, lawyer)

Re:

Action based on Article 270 TFEU seeking annulment of the applicant’s appraisal report for 2016 and, if necessary, annulment of the decision by the Management Board of EUIPO of 18 October 2017 rejecting the applicant’s complaint.

Operative part of the judgment

The Court:

1) Annuls Ralph Pethke’s appraisal report for 2016 and the decision of the European Union Intellectual Property Office (EUIPO) of 18 October 2017 rejecting the complaint made by Mr Pethke;

2) Orders EUIPO to bear its own costs and to pay those incurred by Mr Pethke.

(1) OJ C 42, 5.2.2018.
Judgment of the General Court of 24 September 2019 — Hubei Xinyegang Special Tube v Commission

(Case T-500/17) (1)

(Dumping - Imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406.4 mm, originating in China - Definitive anti-dumping duty - Injury - Price undercutting - Causal link)

(2019/C 423/39)

Language of the case: English

Parties

Applicant: Hubei Xinyegang Special Tube Co. Ltd (Huangshi, China) (represented by: E. Vermulst and J. Cornelis, lawyers)

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

Interveners in support of the defendant: ArcelorMittal Tubular Products Roman SA (Roman, Romania), Válcovny trub Chomutov a.s. (Chomutov, Czech Republic), Vallourec Deutschland GmbH (Düsseldorf, Germany) (represented by: G. Berrisch, lawyer, and B. Byrne, Solicitor)

Re:

Application under Article 263 TFEU for annulment of Commission Implementing Regulation (EU) 2017/804 of 11 May 2017 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406.4 mm, originating in the People’s Republic of China (OJ 2017 L 121, p. 3), in so far as it concerns the applicant.

Operative part of the judgment

The Court:

1. Annuls Commission Implementing Regulation (EU) 2017/804 of 11 May 2017 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406.4 mm, originating in the People’s Republic of China in so far as it concerns the products produced by Hubei Xinyegang Special Tube Co. Ltd;

2. Orders the European Commission to bear its own costs and to pay those incurred by Hubei Xinyegang Special Tube;

3. Orders ArcelorMittal Tubular Products Roman SA, Válcovny trub Chomutov a.s. and Vallourec Deutschland GmbH to bear their own costs.

(1) OJ C 318, 25.9.2017.
Official Journal of the European Union

Judgment of the General Court of 16 December 2020 — RN v Commission

(Case T-442/17 RENV) (1)

(Civil service - Officials - Surviving spouse - Survivor’s pension - Articles 18 and 20 of Annex VIII to the Staff Regulations - Conditions for eligibility - Duration of the marriage - Plea of illegality - Equal treatment - Principle of non-discrimination on grounds of age - Proportionality - Concept of ‘spouse’)

(2021/C 62/28)

Language of the case: French

Parties

Applicant: RN (represented by: F. Moyse, lawyer)

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

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

Re:

Application under Article 270 TFEU seeking annulment of the Commission’s decision of 24 September 2014 rejecting the applicant’s request for a survivor's pension.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Commission of 24 September 2014 rejecting RN’s request for a survivor’s pension;

2. Orders the Commission to pay, in addition to its own costs, the costs incurred by RN relating to Case F-104/15 and in the present proceedings on referral;

3. Orders the Commission and RN each to bear their own costs relating to the proceedings in Case T-695/16 P;

4. Orders the European Parliament to bear its own costs relating to Case F-104/15 and the present proceedings on referral.

(1) OJ C 302, 14.9.2015.
Judgment of the General Court of 9 September 2020 — Slovenia v Commission

(Case T-626/17) (1)

(Agriculture - Regulation (EU) No 1308/2013 - Designations of origin in the wine sector - Wine labelling - Use of the name of a wine grape variety which contains or consists of a protected designation of origin - Prohibition - Derogation - Delegated Regulation (EU) 2017/1353 - Inclusion of the name of the wine grape variety ‘teran’ in the list set out in Part A of Annex XV to Regulation (EC) No 607/2009 - Retroactive effect from the date of the accession of the Republic of Croatia to the European Union - Slovenian protected designation of origin ‘Teran’ - Legal certainty - Legitimate expectations - Proportionality - Right to property - Act concerning the conditions of accession of Croatia to the European Union - Interinstitutional Agreement on Better Law-Making - Institutional balance)

(2020/C 378/29)

Language of the case: Slovenian

Parties

Applicant: Republic of Slovenia (represented by: V. Klemenc and T. Mihelič Žitko, acting as Agents, and by R. Knaak, lawyer)

Defendant: European Commission (represented by: B. Eggers, I. Galindo Martín and B. Rous Demiri, acting as Agents)

Intervener in support of the defendant: Republic of Croatia (represented by: G. Vidović Mesarek, acting as Agent, and by I. Ćuk, lawyer)

Re:

Application under Article 263 TFEU for annulment of Commission Delegated Regulation (EU) 2017/1353 of 19 May 2017 amending Regulation (EC) No 607/2009 as regards the wine grape varieties and their synonyms that may appear on wine labels (OJ 2017 L 190, p. 5).

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders the Republic of Slovenia to pay, in addition to its own costs, those incurred by the European Commission;

3. Orders the Republic of Croatia to bear its own costs.

(1) OJ C 392, 20.11.2017.
Judgment of the General Court of 17 November 2021 — Anastassopoulos and Others v Council and Commission

(Case T-147/17) (1)

(Non-contractual liability - Economic and monetary policy - Restructuring of Greek public debt - Private sector involvement - Collective action clauses - Private creditors - Sufficiently serious breach of a rule of law intended to confer rights on individuals - Equal treatment - Natural and legal persons - Limitation periods - Whether European Union answerable for the measures at issue - Admissibility - Strict liability - Unusual and special damage)

(2022/C 24/30)

Language of the case: French

Parties

Applicants: Nikolaos Anastassopoulos (Nea Erythraia, Greece), Aristeidis Anastassopoulos (Nea Erythraia), Alexia Anastassopoulos (Nea Erythraia), Maria-Myrto Anastassopoulos (Nea Erythraia), Sophie Velliou (Kifisia, Greece) (represented by: K. Floros, M. Meng-Papantoni and H. Tagaras, lawyers)

Defendants: Council of the European Union (represented by: K. Michoel, E. Chatziioakeimidou and J. Bauerschmidt, acting as Agents), European Commission (represented by: J.-P. Keppenne, L. Flynn and T. Maxian Rusche, acting as Agents)

Re:

Application based on Article 268 TFEU seeking damages for the harm allegedly suffered by the applicants as a result of the implementation of a mandatory exchange of State bonds in the context of the restructuring of Greek public debt in 2012, on account of the participation of private investors involving the application of collective action clauses, based on conduct or acts of the Eurogroup, its President, the Heads of State or Government of the euro area and the Commission relating thereto.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr. Nikolaos Anastassopoulos, Mr. Aristeidis Anastassopoulos, Ms Alexia Anastassopoulos, Ms Maria-Myrto Anastassopoulos and Ms Sophie Velliou to pay the costs.

(1) OJ C 202, 26.6.2017.
Judgment of the General Court of 2 June 2021 — Italy v Commission

(Case T-718/17) (1)

(Rules on languages - Notice of Open Competitions for the recruitment of administrators and assistants in the buildings sector - Knowledge of languages - Restriction of the choice of language 2 of the competitions to three languages - Regulation No 1 - Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations - Discrimination based on language - Interests of the service - Proportionality)

(2021/C 289/48)

Language of the case: Italian

Parties

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

Defendant: European Commission (represented by: G. Gattinara, D. Milanowska and L. Vernier, acting as Agents)

Intervener in support of the applicant: Kingdom of Spain (represented by: S. Jiménez García, acting as Agent)

Re:

Application under Article 263 TFEU seeking annulment of the Notice of Open Competitions EPSO/AD/342/17 (AD 6) organised to draw up a reserve list of building management engineers (including environmental and services engineers), and EPSO/AST/141/17 (AST 3) organised to draw up a reserve list of, first, building construction coordinators and technicians (profile 1), second, building coordinators and technicians in air conditioning and electromechanical and electrical engineering (profile 2) and, third, occupational safety and building safety assistants (profile 3) (OJ 2017 C 242 A, p. 1).

Operative part of the judgment

The Court:

1. Annuls the Notice of Open Competitions EPSO/AD/342/17 (AD 6) organised to draw up a reserve list of building management engineers (including environmental and services engineers), and EPSO/AST/141/17 (AST 3) organised to draw up a reserve list of, first, building construction coordinators and technicians (profile 1), second, building coordinators and technicians in air conditioning and electromechanical and electrical engineering (profile 2) and, third, occupational safety and building safety assistants (profile 3);

2. Orders the European Commission to bear its own costs and to pay those incurred by the Italian Republic;

3. Orders the Kingdom of Spain to bear its own costs.

(1) OJ C 424, 11.12.2017.
Judgment of the General Court of 1 June 2022 — Fundación Tatiana Pérez de Guzmán el Bueno and SFL v SRB

(Case T-481/17) (1)

(Economic and monetary union - Banking Union - Single Resolution Mechanism for credit institutions and certain investment firms (SRM) - Resolution procedure applicable where an entity is failing or is likely to fail - Adoption of a resolution scheme by the SRB in respect of Banco Popular Español - Action for annulment - Challengeable act - Admissibility - Right to be heard - Right to property - Obligation to state reasons - Articles 18, 20 and 24 of Regulation (EU) No 806/2014)

(2022/C 284/24)

Language of the case: Spanish

Parties

Applicants: Fundación Tatiana Pérez de Guzmán el Bueno (Madrid, Spain), Stiftung für Forschung und Lehre (SFL) (Zürich, Switzerland) (represented by: R. Pelayo Jiménez, A. Muñoz Aranguren and R. Pelayo Torrent, lawyers)

Defendant: Single Resolution Board (represented by: J. King and M. Fernández Rupérez, acting as Agents, and by B. Meyring, S. Schelo, F. Fernández de Trocóniz Robles, T. Klupsch and S. Ianc, lawyers)

Interveners in support of the defendant: Kingdom of Spain (represented by: S. Centeno Huerta, L. Aguilera Ruiz, S. Jiménez García and J. Rodríguez de la Rúa Puig, acting as Agents), European Parliament (represented by: P. López-Carceller, M. Martínez Iglesias, L. Visaggio, J. Etienne, M. Menegatti and M. Sammut, acting as Agents), Council of the European Union (represented by: A. de Gregorio Merino, J. Bauerschmidt, A. Westerhof Löfflerová and H. Marcos Fraile, acting as Agents), European Commission (represented by: L. Flynn and A. Steiblytė, acting as Agents), Banco Santander, SA (Santander, Spain) (represented by: J. Rodríguez Cárcamo, A. Rodríguez Conde, D. Sarmiento Ramírez-Escudero and J. Remón Peñalver, laywers)

Re:

Application under Article 263TFEU seeking the annulment of Decision SRB/EES/2017/08 of the Executive Session of the SRB of 7 June 2017, concerning the adoption of a resolution scheme in respect of Banco Popular Español, SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Fundación Tatiana Pérez de Guzmán el Bueno and Stiftung für Forschung und Lehre (SFL) to bear their own costs and to pay the costs incurred by the Single Resolution Board (SRB) and Banco Santander, SA;

3. Orders the Kingdom of Spain, the European Parliament, the Council of the European Union and the European Commission to bear their own costs.

(1) OJ C 318, 25.9.2017.
Judgment of the General Court of 30 March 2022 — Cargolux Airlines v Commission

(Case T-334/17) (1)

(Competition - Agreements, decisions and concerted practices - Market for airfreight - Decision finding an infringement of Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport - Coordination of elements of the price of airfreight services (fuel surcharge, security surcharge, payment of commission on surcharges) - Exchange of information - Territorial jurisdiction of the Commission - Rights of the defence - Failure to send a new statement of objections - Single and continuous infringement - Amount of the fine - Value of sales - Gravity of the infringement - Duration of participation in the infringement - Additional amount - Mitigating circumstances - Encouragement of the anticompetitive conduct by public authorities - Follow-my-leader role - Proportionality - Unlimited jurisdiction)

(2022/C 207/34)

Language of the case: English

Parties

Applicant: Cargolux Airlines International SA (Sandweiler, Luxembourg) (represented by: E. Aliende Rodríguez, lawyer)

Defendant: European Commission (represented by: N. Khan and A. Dawes, acting as Agents, and by E. MacKenzie, Barrister)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2017) 1742 final of 17 March 2017 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case AT.39258 — Airfreight) in so far as it relates to the applicant and, in the alternative, for cancellation of the fine imposed on the applicant or a reduction in the amount of that fine.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the European Commission to bear one third of its own costs;

3. Orders Cargolux Airlines International SA to bear its own costs and pay two thirds of those incurred by the Commission.

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

Judgment of the General Court of 13 December 2018 — Knauf v EUIPO (upgrade your personality)

(Case T-102/18) (1)

((EU trade mark - Application for EU word mark upgrade your personality - Absolute ground for refusal - Lack of distinctive character - Advertising slogan - Article 7(1)(b) of Regulation (EU) 2017/1001))

(2019/C 82/68)

Language of the case: German

Parties

Applicant: Martin Knauf (Berlin, Germany) (represented by: H. Jaeger, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 18 December 2017 (Case R 1011/2017–4) concerning an application for registration of the word sign upgrade your personality as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Martin Knauf to bear his own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO).

(1) OJ C 134, 16.4.2018.
Official Journal of the European Union

Judgment of the General Court of 15 November 2018 — LMP Lichttechnik v EUIPO (LITECRAFT)

(Case T-140/18) (1)

((EU trade mark - Application for EU word mark LITECRAFT - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001)))

(2019/C 16/54)

Language of the case: German

Parties

Applicant: LMP Lichttechnik Vertriebs GmbH (Ibbenbüren, Germany) (represented by: R. Plegge, lawyer)

Defendant: European Union Intellectual Property Office (represented by: W. Schramek and D. Hanf, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 8 January 2018 (Case R 699/2017-2) relating to an application for registration of the word sign LITECRAFT as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders LMP Lichttechnik Vertriebs GmbH to pay the costs.

(1) OJ C 161, 7.5.2018.
Official Journal of the European Union

Judgment of the General Court of 14 February 2019 — Beko v EUIPO — Acer (ALTUS)

(Case T-162/18) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark ALTUS - Earlier national word marks ALTOS - Revocation proceedings in respect of earlier marks initiated before national authorities - Likelihood of confusion - Suspension of the administrative proceedings - Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625))

(2019/C 131/51)

Language of the case: English

Parties

Applicant: Beko plc (Watford, United Kingdom) (represented by: G. Tritton, Barrister)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Acer, Inc. (Taipei, Taiwan)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 13 December 2017 (Case R 1991/2016-5) relating to opposition proceedings between Acer and Beko.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 13 December 2017 (Case R 1991/2016-5);

2. Orders EUIPO to bear its own costs and to pay those incurred by Beko plc.

(1) OJ C 152, 30.4.2018.
Official Journal of the European Union

Judgment of the General Court of 31 January 2019 — DeepMind Technologies v EUIPO (STREAMS)

(Case T-97/18) (1)

((EU trade mark - Application for EU word mark STREAMS - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) and 7(2) of Regulation (EU) 2017/1001 - Previous EUIPO practice))

(2019/C 103/51)

Language of the case: English

Parties

Applicant: DeepMind Technologies Ltd (London, United Kingdom) (represented by: T. St Quintin, Barrister, K. Gilbert and G. Lodge, Solicitors)

Defendant: European Union Intellectual Property Office (represented by: V. Ruzek and D. Walicka, and subsequently by V. Ruzek and H. O’Neill, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 27 November 2017 (Case R 35/2017-1), relating to an application for registration of the word sign STREAMS as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders DeepMind Technologies Ltd to pay the costs.

(1) OJ C 134, 16.4.2018.
Official Journal of the European Union

Judgment of the General Court of 9 April 2019 — Zitro IP v EUIPO (PICK & WIN MULTISLOT)

(Case T-277/18) (1)

(EU trade mark - Application for EU figurative mark PICK & WIN MULTISLOT - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)

(2019/C 187/79)

Language of the case: Spanish

Parties

Applicant: Zitro IP Sàrl (Luxembourg, Luxembourg) (represented by: A. Canela Giménez, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo, acting as Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 14 March 2018 (Case R 978/2017-4) relating to an application for registration of the figurative sign PICK & WIN MULTISLOT as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Zitro IP Sàrl to pay the costs.

(1) OJ C 231, 2.7.2018.
Official Journal of the European Union

Judgment of the General Court of 28 March 2019 — Julius-K9 v EUIPO — El Corte Inglés

(Case T-276/18) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark K9 UNIT - Earlier EU figurative mark unit - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2019/C 164/51)

Language of the case: English

Parties

Applicant: Julius-K9 Zrt (Szigetszentmiklós, Hungary) (represented by: G. Jambrik, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: El Corte Inglés, SA (Madrid, Spain) (represented by: J.L. Rivas Zurdo, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 22 February 2018 (Case R 1432/2017-2) relating to opposition proceedings between Hipercor, SA and Julius-K9.

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 February 2018 (Case R 1432/2017-2);

2. Orders EUIPO to bear its own costs and to pay those incurred by Julius-K9 Zrt;

3. Orders El Corte Inglés, SA to bear its own costs.

(1) OJ C 231, 2.7.2018.