ddrg/super_eurlex huggingface dataset:
1.

The obligation on the applicants, CCPL — Consorzio Cooperative di Produztione e Lavoro SC, Coopbox group SpA, Poliemme Srl, Coopbox Hispania, SL and Coopbox Eastern s.r.o. to provide a bank guarantee in favour of the European Commission to avoid the immediate recovery of the fines imposed on them under Article 2 of Commission Decision No C(2015) 4336 final of 24 June 2015 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (AT.39563 — Retail food packaging) is suspended, provided that: — within one month from service of this order, then every three months until adoption of the decision in the main proceedings and at each event liable to affect their future capacity to pay the fines imposed, the applicants submit a detailed written report to the Commission on the implementation of the restructuring plan of the CCPL group and on the amount of revenue derived from the sale of its assets both in implementation and ‘outside’ that plan; — the applicants pay the Commission the sum of EUR 5 million as soon as they have obtained the sum from that sale, and the entirety of the revenue derived from the proposed transfer of the interests in Refincoop SpA, Erzelli Energia Srl and Smec Srl, as soon as that revenue has been obtained;
EN Official Journal of the European Union C 38/60

Order of the General Court of 2 December 2015 — Lidl Stiftung v OHIM — toom Baumarkt (Super-Samstag)

(Case T-213/15) (1)

((Community trade mark - Invalidity proceedings - Withdrawal of the application for a declaration of invalidity - No need to adjudicate))

(2016/C 038/81)

Language of the case: German

Parties

Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by: M. Wolter and A.C. Berger, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: H.P. Kunz, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: toom Baumarkt GmbH (Cologne, Germany) (represented by: M. Kinkeldey, S. Brandstätter and J. Rosenhäger, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 16 February 2015 (Case R 657/2014-5), relating to invalidity proceedings between toom Baumarkt GmbH and Lidl Stiftung & Co. KG.

Operative part of the order

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

2. Lidl Stiftung & Co. KG is ordered to pay the costs.

(1) OJ C 205, 22.6.2015.
EN Official Journal of the European Union C 165/21

Order of the General Court of 16 March 2016 — Bimbo v OHIM — Globo (Bimbo)

(Case T-528/15) (1)

(2016/C 165/27)

Language of the case: English

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

(1) OJ C 381, 16.11.2015.
EN Official Journal of the European Union C 136/45

Order of the General Court of 15 February 2016 — Grandel v OHIM — Beautyge Beauty Group (Beautygen)

(Case T-177/15) (1)

(2016/C 136/64)

Language of the case: German

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

(1) OJ C 198, 15.6.2015.
EN Official Journal of the European Union C 200/24

Order of the General Court of 19 April 2016 — Portugal v Commission

(Case T-556/15) (1)

((Action for annulment - EAGF and EAFRD - Period within which proceedings must be commenced - Point from which time starts to run - Delay - Inadmissibility))

(2016/C 200/35)

Language of the case: Portuguese

Parties

Applicant: Portuguese Republic (represented by: L. Inez Fernandes, M. Figueiredo, P. Estêvão and J. Saraiva de Almeida, acting as Agents)

Defendant: European Commission (represented by: P. Guerra e Andrade and D. Triantafyllou, acting as Agents)

Re:

Action for annulment of Commission Implementing Decision (EU) 2015/1119 of 22 June 2015 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2015 L 182, p. 39) in so far as that decision excludes certain expenditure incurred by the Portuguese Republic.

Operative part of the order

The Court hereby orders:

1. The action is dismissed as being inadmissible.

2. The Portuguese Republic shall bear its own costs and pay those incurred by the European Commission.

(1) OJ C 398, 30.11.2015.
EN Official Journal of the European Union C 191/32

Order of the President of the General Court of 29 February 2016 — Chemtura Netherlands v EFSA

(Case T-725/15 R)

((Application for interim measures - Procedure for placing plant protection products on the market - Publication of documents relating to the inclusion of an active substance - Rejection of the request for confidential treatment of certain information - Application for interim measures - Lack of urgency))

(2016/C 191/43)

Language of the case: English

Parties

Applicant: Chemtura Netherlands BV (Amsterdam, Netherlands) (represented by: C. Mereu and K. Van Maldegem, lawyers)

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

Re:

Application for the suspension of operation of the EFSA Decision of 10 December 2015 concerning the publication of certain parts of the EFSA Conclusion on the Peer Review on the review of the approval of the active substance diflubenzuron regarding the metabolite 4-chloroaniline (PCA) in respect of which the applicant requested partial confidential treatment.

Operative part of the order

1. The application for interim relief is dismissed.

2. The order of 15 December 2015 delivered in Case T-725/15 R is cancelled.
EN Official Journal of the European Union C 305/37

Order of the General Court of 17 June 2016 — Hako v EUIPO (SCRUBMASTER)

(Case T-629/15) (1)

((EU trade mark - Application for EU word mark SCRUBMASTER - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Action manifestly lacking any foundation in law))

(2016/C 305/51)

Language of the case: German

Parties

Applicant: Hako GmbH (Bad Oldesloe, Germany) (represented by: A. Marx, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 1 September 2015 (Case R 2197/2014-4), concerning an application for registration of the word sign SCRUBMASTER as an EU trade mark.

Operative part of the order

1. The action is dismissed.

2. Hako GmbH shall pay the costs.

(1) OJ C 16, 18.1.2016.
EN Official Journal of the European Union C 260/40

Order of the General Court of 10 May 2016 — Volkswagen v EUIPO — Andrã (BAG PAX)

(Case T-324/15) (1)

((EU trade mark - Revocation proceedings - EU word mark BAG PAX - Genuine use of the mark - Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 - Action manifestly lacking any foundation in law))

(2016/C 260/50)

Language of the case: German

Parties

Applicant: Volkswagen AG (Wolfsburg, Germany) (represented by: U. Sander, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court, formerly BAGPAX Cargo Systems e.K.: Marvin Dominic Andrã (Saarlouis, Germany) (represented by: T. Dohmen, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 23 April 2015 (Case R 1971/2014-4) concerning revocation proceedings between Volkswagen and BAGPAX Cargo Systems.

Operative part of the order

1. The action is dismissed.

2. Volkswagen AG shall pay the costs.

(1) OJ C 270, 17.8.2015.
EN Official Journal of the European Union C 410/35

Order of the General Court of 14 September 2016 — Souruh v Council

(Case T-707/15) (1)

(2016/C 410/60)

Language of the case: French

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

(1) OJ C 59, 15.2.2016.
EN Official Journal of the European Union C 335/48

Order of the President of the General Court of 20 July 2016 — MSD Animal Health Innovation and Intervet international v EMA

(Case T-729/15 R)

((Application for interim measures - Access to documents - Regulation (EC) No 1049/2001 - Documents held by the EMA concerning information submitted by an undertaking as part of its application for authorisation to place a medicinal product on the market - Decision to grant a third party access to the documents - Application for suspension of operation of a measure - Urgency - Prima facie case - Weighing up of interests))

(2016/C 335/63)

Language of the case: English

Parties

Applicants: MSD Animal Health Innovation GmbH (Schwabenheim, Germany) and Intervet international BV (Boxmeer, Netherlands) (represented by: P. Bogaert, lawyer, B. Kelly and H. Billson, Solicitors, J. Stratford QC, and C. Thomas, Barrister)

Defendant: European Medicines Agency (EMA) (represented by: T. Jabłoński, N. Rampal Olmedo, A. Spina, A. Rusanov and S. Marino, acting as Agents)

Re:

Application based on Articles 278 TFEU and 279 TFEU, in essence, for the suspension of operation of Decision EMA/785809/2015 of the EMA of 25 November 2015, granting to a third party, pursuant to 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 (OJ 2001 L 145, p. 43), access to certain documents containing information submitted in the context of an application for marketing authorisation for the veterinary medicinal product Bravecto.

Operative part of the order

1. The operation of Decision EMA/785809/2015 of the European Medicines Agency (EMA) of 25 November 2015 is suspended, in so far as that decision grants a third party access, pursuant to 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, to toxicity study reports C 45151/28-day dermal (6 hours semi-occlusive) toxicity study in wistar rats, C 45162/28-day oral (gavage) toxicity study in wistar rats, and C 88913/28-day dermal (6 hours semi-occlusive) toxicity study in wistar rats..

2. The EMA shall not disclose the reports mentioned in point 1.
Order of the General Court of 12 October 2016 — Lysoform Dr. Hans Rosemann and Others v ECHA

(Case T-543/15) (1)

((Actions for annulment - Inclusion as supplier of an active substance on the list provided for in Article 95 of Regulation (EU) No 528/2012 - Lack of direct concern - Inadmissibility))

(2016/C 454/45)

Language of the case: English

Parties

Applicants: Lysoform Dr. Hans Rosemann GmbH (Berlin, Germany), Ecolab Deutschland GmbH (Monheim, Germany), Schülke & Mayr GmbH (Norderstedt, Germany) and Diversey Europe Operations BV (Amsterdam, Netherlands) (represented by: K. Van Maldegem, M. Grunchard and P. Sellar, lawyers)

Defendant: European Chemicals Agency (represented by: C. Buchanan, W. Broere and M. Heikkilä, acting as Agents, and by P. Oliver, Barrister)

Re:

Action pursuant to Article 263 TFEU for annulment of the decision of ECHA of 17 June 2015 concerning the inclusion of the company Oxea GmbH, established in Germany, as supplier of an active substance on the list referred to in Article 95(1) of Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ 2012 L 167, p. 1).

Operative part of the order

1. The action is dismissed as inadmissible.

2. There is no longer any need to adjudicate on the applications to intervene of Oxea GmbH and BASF SE.

3. Lysoform Dr. Hans Rosemann GmbH, Ecolab Deutschland GmbH, Schülke & Mayr GmbH and Diversey Europe Operations BV shall bear their own costs and pay those incurred by the European Chemicals Agency (ECHA) except for those relating to the applications for leave to intervene.

4. Lysoform Dr. Hans Rosemann, Ecolab Deutschland, Schülke & Mayr, Diversey Europe Operations, ECHA, Oxea and BASF shall each bear its own costs relating to the applications for leave to intervene.

(1) OJ C 406, 7.12.2015.
EN Official Journal of the European Union C 410/33

Order of the General Court of 14 September 2016 — Makhlouf v Council

(Case T-465/15) (1)

(2016/C 410/51)

Language of the case: French

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

(1) OJ C 337, 12.10.2015.
EN Official Journal of the European Union C 144/62

Order of the General Court of 7 March 2017 — Inditex v EUIPO — Ffauf (ZARA)

(Case T-432/15) (1)

(2017/C 144/91)

Language of the case: English

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

(1) OJ C 320, 28.9.2015.
EN Official Journal of the European Union C 14/34

Order of the General Court of 9 November 2016 — Jenkinson v Council and Others

(Case T-602/15) (1)

((Arbitration clause - EU international mission personnel - Consecutive fixed-term employment contracts - Claim for compensation - Manifest lack of jurisdiction - Manifest inadmissibility))

(2017/C 014/41)

Language of the case: French

Parties

Applicant: Liam Jenkinson (Killarney, Ireland) (represented by: N. de Montigny and J.-N. Louis, lawyers)

Defendants: Council of the European Union (represented by: A. Vitro and M. Bishop, acting as Agents), European Commission (represented by: G. Gattinara and S. Bartelt, acting as Agents), European External Action Service (represented by: S. Marquardt, E. Chaboureau and G. Pasqualetti, acting as Agents), Eulex Kosovo (represented by: D. Fouquet and E. Raoult, lawyers)

Subject matter of the proceedings

Principally, an application pursuant to Article 272 TFEU seeking, on the one hand, to have the applicant’s contractual relationship reclassified as an employment contract of indeterminate duration and to obtain compensation for the loss that the applicant claims to have suffered as a result of the abusive use of consecutive fixed-term contracts and an unfair dismissal, and, on the other hand, a declaration that the Council, the Commission and EEAS discriminated against the applicant and an order requiring them to pay compensation to the applicant, and, in the alternative, a claim based on the non-contractual liability of the European institutions.

Operative part of the order

1) The action is dismissed.

2) Liam Jenkinson is ordered to pay the costs.

(1) OJ C 90, 7.3.2016.
EN Official Journal of the European Union C 32/31

Order of the General Court of 26 November 2017 — Federcaccia Toscana and Others v Commission

(Case T-562/15) (1)

((Environment - Conservation of wild birds - Species which may be hunted - Conditions to be complied with by national laws on hunting - Harmonisation of the criteria for the application of Article 7(4) of Directive 2009/147/EC - Closed period for hunting in Tuscany))

(2018/C 032/42)

Language of the case: Italian

Parties

Applicants: Federcaccia Toscana (Florence, Italy) and the five other applicants whose names are set out in the annex to the order (represented by: A. Bruni, lawyer)

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

Re:

Application based on Article 265 TFEU seeking a declaration that the Commission unlawfully failed to update certain Italian data in the document on key concepts, established by the ORNIS Committee, which is provided for in Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ 2010 L 20, p. 7); application based on Article 263 TFEU seeking annulment of the Commission’s letter of 6 October 2014 stating that the extension in Italy of the hunting season for certain species of bird is incompatible with EU law; and application based on Article 268 TFEU seeking compensation for the damage allegedly suffered by the applicants as a result of the Commission’s failure to update the Italian data.

Operative part of the order

1. The action is dismissed.

2. Federcaccia Toscana and the other applicants whose names are set out in the annex shall pay the costs.

(1) OJ C 381, 16.11.2015.
EN Official Journal of the European Union C 283/48

Order of the General Court of 30 March 2017 — Herm. Sprenger v EUIPO — web2get (Shape of an articulated stirrup)

(Case T-396/15) (1)

((EU trade mark - Application for a declaration of invalidity - Withdrawal of the application for a declaration of invalidity - No need to adjudicate))

(2017/C 283/74)

Language of the case: German

Parties

Applicant: Herm. Sprenger GmbH & Co. KG (Iserlohn, Germany) (represented by: V. Schiller, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Söder and A. Schifko, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: web2get GmbH & Co. KG (Dülmen, Germany)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 22 April 2015 (Case R 520/2014-1), relating to opposition proceedings between web2get GmbH. & Co. and Herm. Sprenger GmbH & Co. KG.

Operative part of the order

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

2. Herm. Sprenger GmbH & Co. KG. shall pay the costs.

(1) OJ C 302, 14.9.2015.
Official Journal of the European Union

Order of the General Court of 27 June 2019 — Vinnolit v Commission

(Case T-743/15) (1)

(State aid - Aid granted by certain provisions of the amended German law on renewable energy sources - Annulment of the act criticised by the Court - Action which has become devoid of purpose - No need to adjudicate)

(2019/C 295/47)

Language of the case: German

Parties

Applicants: Vinnolit GmbH & Co. KG (Ismaning, Germany) (represented by: M. Geipel, lawyer)

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

Re:

Application on the basis of Article 263 TFEU seeking the annulment of Commission Decision (EU) 2015/1585 of 25 November 2014 on the aid scheme SA.33995 (2013/C) (ex 2013/NN) (implemented by Germany for the support of renewable electricity and of energy-intensive users) (OJ 2015 L 250, p. 122).

Operative part of the order

1. There is no longer any need to adjudicate in the case.

2. The European Commission shall bear its own costs and pay the costs incurred by Vinnolit GmbH & Co. KG.

(1) OJ C 59, 15.2.2016.
Official Journal of the European Union

Order of the General Court of 13 July 2018 — BBY Solutions v EUIPO — Worldwide Sales Corporation España (BEST BUY GEEK SQUAD)

(Case T-715/15) (1)

(2018/C 381/36)

Language of the case: English

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

(1) OJ C 59, 15.2.2016.
EN Official Journal of the European Union C 22/35

Order of the General Court of 28 November 2016 — Italy v Commission

(Case T-147/16) (1)

((Failure to comply with a judgment of the Court of Justice establishing that a Member State has failed to fulfil obligations - Periodic penalty payment - Judgment quantifying the amount of the periodic penalty - No need to adjudicate))

(2017/C 022/48)

Language of the case: Italian

Parties

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

Defendant: European Commission (represented by: B. Stromsky and D. Recchia, acting as Agents)

Subject matter

Application under Article 263 TFEU for annulment of Commission Decision C(2016) 366 final of 28 January 2016, by which, in order to ensure compliance with the judgment of 17 November 2011, Commission v Italy, (C-496/09, EU:C:2011:740), the Commission fixed the amount of the periodic penalty owed by the Italian Republic for the six months from 18 November 2012 to 17 May 2013 and for the six months from 18 May 2013 to 17 November 2013.

Operative part of the order

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

2) The European Commission shall pay the costs.

(1) OJ C 191, 30.5.2016.
EN Official Journal of the European Union C 410/21

Order of the General Court of 16 September 2016 — Sartour v Parliament

(Case T-78/16) (1)

((Public service contracts - Food concession in a building occupied by the Parliament - Rejection of the tender of a tenderer and award of the contract to another tenderer - Cancellation of the call for tenders - No need to adjudicate))

(2016/C 410/29)

Language of the case: French

Parties

Applicant: Sartour (Beveren, Belgium) (represented by: M. Cherchi, lawyer)

Defendant: European Parliament (represented by: Z Nagy and S. Toliušis, acting as Agents)

Re:

Application based on Article 263 TFEU and asking for annulment, first, of the European Parliament’s decision of 18 December 2015, rejecting the tender submitted by the applicant under tender procedure 06B40/2015/M073 for the Mediterranean food concession in the Altiero Spinelli Building occupied by the Parliament in Brussels, and, second, of the ‘decision’ whereby the Parliament awarded that concession to another tenderer.

Operative part of the order

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

2. The European Parliament shall pay the costs.

(1) OJ C 118, 4.4.2016.
EN Official Journal of the European Union C 112/36

Order of the General Court of 9 February 2017 — Dröge and Others v Commission

(Case T-142/16) (1)

((Action for annulment - Declaration of intent and two Commission decisions on the arrangements for accessing documents concerning the negotiations on a transatlantic trade and investment partnership between the European Union and the United States (TTIP) - Right of access of staff of members of national parliaments to certain confidential documents relating to the TTIP negotiations - Measures against which no action may be brought - Inadmissibility))

(2017/C 112/49)

Language of the case: German

Parties

Applicants: Katharina Dröge (Berlin, Germany), Britta Haßelmann (Berlin), Anton Hofreiter (Berlin) (represented by: Professor W. Cremer)

Defendant: European Commission (represented by: F. Erlbacher, R. Vidal Puig and B. Hartmann, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking (i) annulment of the Commission’s declaration of intent concerning the conclusion of a treaty binding on the contracting parties — the European Union and the United States of America — as regards the arrangements for accessing documents concerning the negotiations on a transatlantic trade and investment partnership (TTIP), and, in the alternative, a declaration that it is contrary to EU law; (ii) annulment of the Commission’s prior decision concerning the submission of the aforementioned declaration of intent on the authorisation of the agreement and (iii) annulment of the Commission’s oral decision connected with the conclusion of a treaty or a non-binding political agreement with the United States of America on the ‘TTIP access regime’ and classifying that regime as binding under EU law, in so far as it strictly prohibits members of the parliaments of the Member States from being accompanied by vetted staff, including staff of their political group, when viewing documents relating to the TTIP in reading rooms established for that purpose.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Katharina Dröge, Britta Haßelmann and Anton Hofreiter are ordered to pay the costs.

(1) OJ C 221, 13.6.2016.
EN Official Journal of the European Union C 38/55

Order of the General Court of 5 December 2016 — McGillivray v Commission

(Case T-535/16) (1)

(2017/C 038/72)

Language of the case: French

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

(1) OJ C 89, 16.3.2015 (case initially registered before the Civil Service Tribunal of the European Union under number F 12/15 and transferred to the General Court of the European Union on 1.9.2016).
EN Official Journal of the European Union C 144/63

Order of the General Court of 7 March 2017 — Brita v EUIPO — Aquis Wasser-Luft-Systeme (maxima)

(Case T-356/16) (1)

(2017/C 144/96)

Language of the case: German

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

(1) OJ C 305, 22.8.2016.