ddrg/super_eurlex huggingface dataset:
Judgment of the General Court of 16 January 2019 — Bena Properties v Council

(Case T-412/16) (1)

((Common foreign and security policy - Restrictive measures against Syria - Freezing of funds - Rights of the defence - Right to effective judicial protection - Obligation to state reasons - Manifest error of assessment - Right to respect for one’s good name and reputation - Right to property - Presumption of innocence - Proportionality))

(2019/C 93/51)

Language of the case: French

Parties

Applicant: Bena Properties Co. SA (Damascus, Syria) (represented by: E. Ruchat, lawyer)

Defendant: Council of the European Union (represented by: initially S. Kyriakopoulou, G. Etienne and A. Vitro, then S. Kyriakopoulou and A. Vitro, and finally S. Kyriakopoulou, A. Vitro and V. Piessevaux, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking annulment of Council Decision (CFSP) 2016/850 of 27 May 2016, amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2016 L 141, p. 125) and the subsequent measures implementing it, Council Decision (CFSP) 2017/917 of 29 May 2017 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2017 L 139, p. 62), and Council Decision (CFSP) 2018/778 of 28 May 2018 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2018 L 131, p. 16), in so far as those measures concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Declares that Bena Properties Co. SA is to bear its own costs and orders it to pay those incurred by the Council of the European Union.

(1) OJ C 364, 3.10.2016.
Judgment of the General Court of 22 May 2019 — Andrea Incontri v EUIPO — Higicol (ANDREA INCONTRI)

(Case T-197/16) (1)

(European Union trade mark - Opposition proceedings - Application for the European Union word mark ANDREA INCONTRI - Earlier European Union word mark ANDREIA - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Distinctive character of a first name and a surname - Power to alter decisions)

(2019/C 230/31)

Language of the case: English

Parties

Applicant: Andrea Incontri Srl (Milan, Italy) (represented by: A. Perani and J. Graffer, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Higicol, SA (Baguim do monte, Portugal) (represented by: Á. Pinho and J.M. Pimenta, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 25 February 2016 (Case R 146/2015-4), relating to opposition proceedings between Higicol and Andrea Incontri.

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 25 February 2016 (Case R 146/2015-4);

2. Orders EUIPO, in addition to bearing its own costs, to pay half of the costs incurred by Andrea Incontri Srl, including the costs which the latter necessarily incurred for the purposes of the proceedings before the Board of Appeal of EUIPO;

3. Orders Higicol, SA, in addition to bearing its own costs, to pay half of the costs incurred by Andrea Incontri Srl, including the costs which the latter necessarily incurred for the purposes of the proceedings before the Board of Appeal of EUIPO.

(1) OJ C 243, 4.7.2016.
1.

Annuls Council Decision (CFSP) 2016/1136 of 12 July 2016 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2015/2430, Council Implementing Regulation (EU) 2016/1127 of 12 July 2016 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, and repealing Implementing Regulation (EU) 2015/2425, Council Decision (CFSP) 2017/154 of 27 January 2017 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision 2016/1136, Council Implementing Regulation (EU) 2017/150 of 27 January 2017 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, and repealing Implementing Regulation 2016/1127, Council Decision (CFSP) 2017/1426 of 4 August 2017 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision 2017/154, Council Implementing Regulation (EU) 2017/1420 of 4 August 2017 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, and repealing Implementing Regulation 2017/150, Council Decision (CFSP) 2018/475 of 21 March 2018 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision 2017/1426, Council Implementing Regulation (EU) 2018/468 of 21 March 2018 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation 2017/1420, Council Decision (CFSP) 2018/1084 of 30 July 2018 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision 2018/475, and Council Implementing Regulation (EU) 2018/1071 of 30 July 2018 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation 2018/468, to the extent that those acts concern ‘“Gama’a al-Islamiyya’ (a.k.a. ‘Al Gama’a al-Islamiyya’ (‘Islamic Group’ — ‘IG’)”’;
Official Journal of the European Union

Judgment of the General Court of 11 July 2019 — Air France v Commission

(Case T-894/16) (1)

(Action for annulment - State aid - Measures implemented by France in favour of Marseille Provence Airport and airlines using the airport - Decision declaring the aid compatible with the internal market - Investment subsidies - Differentiation between airport charges applicable to national and international flights - Reduced airport charges to encourage flights from the new Marseille Provence terminal 2 - Lack of individual concern - No substantial effect on the competitive position - Inadmissibility)

(2019/C 328/43)

Language of the case: French

Parties

Applicant: Société Air France (Tremblay-en-France, France) (represented by: R. Sermier, lawyer)

Defendant: European Commission (represented by: S. Noë, C. Giolito and C. Georgieva-Kecsmar, Agents)

Interveners in support of the defendant: Aéroport Marseille Provence SA (Marignane, France) (represented by: A. Lepièce, lawyer), Ryanair DAC, formerly Ryanair Ltd (Dublin, Ireland) and Airport Marketing Services Ltd (Dublin) (represented by: E. Vahida and I.-G. Metaxas-Maranghidis, lawyers)

Re:

Action under Article 263 TFEU for the annulment of Commission Decision (EU) 2016/1698 of 20 February 2014 concerning measures SA.22932 (11/C) (ex NN 37/07) implemented by France in favour of Marseille Provence Airport and airlines using the airport (OJ 2016 L 260, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action as inadmissible;

2. Orders Société Air France to bear its own costs and those incurred by the European Commission

3. Orders Ryanair DAC and Airport Marketing Services Ltd and Aéroport Marseille Provence SA to bear their own costs.

(1) OJ C 46, 13.2.2017.
Official Journal of the European Union

Judgment of the General Court of 11 July 2019 — BP v FRA

(Case T-838/16) (1)

(Non-contractual liability - Access to documents - Partial refusal of access - Sufficiently serious breach of a rule of law conferring rights on individuals - Regulations (EC) No 1049/2001 and No 45/2001 - Protection of personal data - Non-material damage - Material damage - Causal link)

(2019/C 295/23)

Language of the case: English

Parties

Applicant: BP (represented by E. Lazar, lawyer)

Defendant: European Union Agency for Fundamental Rights (FRA) (represented initially by C. Manolopoulos and M. O’Flaherty, then by M. O’Flaherty, acting as Agents, and by D. Waelbroeck, A. Duron and I. Antypas, lawyers)

Re:

Action under Article 268 TFEU seeking compensation for the damage which the applicant allegedly suffered.

Operative part of the judgment

The Court:

1. Orders the European Union Agency for Fundamental Rights (FRA) to pay BP the sum of EUR 5 000;

2. Orders that the compensation awarded in paragraph 1 above be increased by default interest, to be calculated from the date of delivery of the present judgment until full payment, at the rate set by the European Central Bank (ECB) for its principal refinancing operations, plus two percentage points;

3. Dismisses the action as to the remainder;

4. Orders FRA and BP each to bear their own costs.

(1) OJ C 38, 6.2.2017.
Judgment of the General Court of 9 September 2020 — Spain and Italy v Commission

(Joined Cases T-401/16 and T-443/16) (1)

(Language regime - Notice of open competitions for the recruitment of Investigators and Team leaders - Language skills - Limitation of the choice of second language in the competitions to German, English and French - Eliminatory language-comprehension test in English - Language of communication - Regulation No 1 - Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations - Discrimination based on language - Justification - Interests of the service - Proportionality)

(2020/C 414/48)

Languages of the cases: Spanish and Italian

Parties

Applicant in case T-401/16: Kingdom of Spain (represented by S. Centeno Huerta, acting as Agent)

Applicant in case T-443/16: Italian Republic (represented by G. Palmieri, acting as Agent, and by P. Gentili, avvocato dello Stato)

Defendant: European Commission (represented in case T-401/16 by G. Gattinara, D. Milanowska and N. Ruiz García, and in case T-443/16, by G. Gattinara and D. Milanowska, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of the notice of open competitions EPSO/AD/323/16 for the constitution of reserve lists of administrators performing the duties of investigators (AD 7) for the following profiles: ‘1 — Investigators: EU expenditure, anti-corruption — 2 — Investigators: Customs and trade, tobacco and counterfeited goods’ and EPSO/AD/324/16 for the constitution of a reserve list of administrators performing the following duties: ‘Investigators (AD 9): Team leaders’ (OJ 2016 C 187 A, p. 1).

Operative part

The Court:

1. Annuls the notice of open competitions EPSO/AD/323/16 for the constitution of reserve lists of administrators performing the duties of investigators (AD 7) for the following profiles: ‘1 — Investigators: EU expenditure, anti-corruption — 2 — Investigators: Customs and trade, tobacco and counterfeited goods’ and EPSO/AD/324/16 for the constitution of a reserve list of administrators performing the following duties: ‘Investigators (AD 9): Team leaders’;

2. Orders the European Commission to bear its own costs and to pay those incurred by the Kingdom of Spain in Case T-401/16, and those incurred by the Italian Republic in Case T-443/16.

(1) OJ C 383, 17.10.2016.
Judgment of the General Court of 12 December 2019 — OS v Commission

(Case T-528/16) (1)

(Civil Service - Reform of the Staff Regulations and of the CEOS that entered into force on 1 January 2014 - Regulation (EU, Euratom) No 1023/2013 - Solidarity levy applicable from 1 January 2014 - Suspension of application of the method for updating remuneration for 2013 and 2014)

(2020/C 36/29)

Language of the case: French

Parties

Applicant: OS (represented by: J.-N. Louis, R. Metz and D. Verbeke, lawyers)

Defendant: European Commission (represented by: G. Gattinara and L. Radu Bouyon, acting as Agents)

Interveners in support of the defendant: European Parliament (represented by: E. Taneva and M. Ecker, acting as Agents), Council of the European Union (represented by: M. Bauer and R. Meyer, acting as Agents)

Re:

Application under Article 270 TFEU seeking annulment of the decision fixing the applicant’s remuneration for January 2014, as given specific expression in the salary slip for that month sent to him on 13 January 2014, which is the first salary slip to apply, with regard to the applicant, Article 65(4) and Article 66a of the Staff Regulations stemming from Article 1(44) and (46) of Regulation (EU, Euratom) No 1023/2013 of the European Parliament and of the Council of 22 October 2013 (OJ 2013 L 287, p.15) providing, respectively, for the suspension of the application of the method for updating remuneration for 2013 and 2014 and the introduction of a solidarity levy from 1 January 2014.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders OS to pay the costs;

3. Orders the European Parliament and the Council of the European Union to bear their own costs.

(1) OJ C 7, 12.1.2015 (case initially registered before the Civil Service Tribunal of the European Union under number F-122/14 and transferred to the General Court of the European Union on 1 September 2016).
Judgment of the General Court of 15 June 2022 — Schaffrin v Commission

(Case T-538/16) (1)

(Civil service - Officials - 2014 reform of the Staff Regulations - Reimbursement of annual travel expenses - Place of origin located in a third country - Flat-rate payment calculated on the basis of the distance separating the place of employment from the capital of the Member State of which the official is a national)

(2022/C 303/43)

Language of the case: German

Parties

Applicant: Dora Schaffrin (Brussels, Belgium) (represented by: M. Müller-Trawinski, lawyer)

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

Interveners in support of the defendant: European Parliament (represented by: E. Taneva and S. Seyr, acting as Agents), Council of the European Union (represented by: M. Bauer and R. Meyer, acting as Agents)

Re:

Application under Article 270 TFEU for, first, annulment of the decisions to reduce, from 1 January 2014, the reimbursement of annual travel expenses enabling the applicant to maintain a connection with her place of origin and, second, an order requiring the Commission to review the amount of the flat-rate payment of those annual travel expenses.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Dora Schaffrin to bear her own costs and to pay those incurred by the European Commission;

3. Orders the European Parliament and the Council of the European Union each to bear their own costs.

(1) OJ C 127, 20.4.2015 (case initially registered before the European Civil Service Tribunal under Case No F-15/15 and transferred to the General Court of the European Union on 1.9.2016).
Judgment of the General Court of 13 October 2021 — Simpson v Council

(Case T-646/16 P-RENV-RX) (1)

(Appeal - Civil service - Officials - Refusal of the Council to reclassify the person concerned, after he passed an open competition, at the grade laid down in the competition notice - Dismissal of the action on the merits - Appeal - Judgment set aside - Appeal judgment reviewed by the Court of Justice and set aside - Referral back to the General Court as the appeal court - Obligation to state grounds - Equal treatment)

(2021/C 490/26)

Language of the case: English

Parties

Appellant: Erik Simpson (Brussels, Belgium) (represented by: M. Velardo, lawyer)

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

Re:

Appeal brought against the order of the European Union Civil Service Tribunal (Second Chamber) of 24 June 2016, Simpson v Council (F-142/11 RENV, EU:F:2016:136), and seeking to have that order set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Declares that Mr Erik Simpson is to bear his own costs and to pay those incurred by the Council of the European Union in Case T-646/16 P;

3. Declares that each party is to bear its own costs in Cases T-441/18 RENV and T-646/16 P-RENV-RX.

(1) OJ C 419, 14.11.2016.
EN Official Journal of the European Union C 42/24

Judgment of the General Court of 13 December 2017 — Coedo Suárez v Council

(Case T-4/17) (1)

((Civil service - Civil servants - Automatic retirement - Application for recognition of the occupational origin of the invalidity - Classification of the claim - Reasonable period - Irregularity of the prior administrative procedure - Inadmissibility - Liability))

(2018/C 042/34)

Language of the case: French

Parties

Applicant: Ángel Coedo Suárez (Brussels, Belgium) (represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

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

Re:

Application based on Article 270 TFEU and seeking, first, annulment of the Council decision of 4 March 2016 refusing to recognise the occupational origin of the applicant’s invalidity and, second, compensation for the damage allegedly suffered by the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Ángel Coedo Suárez to pay the costs.

(1) OJ C 78, 13.3.2017.
EN Official Journal of the European Union C 161/50

Judgment of the General Court of 22 March 2018 — Safe Skies v EUIPO — Travel Sentry (TSA LOCK)

(Case T-60/17) (1)

((EU trade mark - Invalidity proceedings - EU word mark TSA LOCK - Absolute grounds for refusal - Distinctive character - Lack of distinctive character - Article 7(1)(b), (c) and (g) of Regulation (EC) No 207/2009 (now Article 7(1)(b), (c) and (g) of Regulation (EU) 2017/1001)))

(2018/C 161/55)

Language of the case: English

Parties

Applicant: Safe Skies LLC (New York, New York, United States) (represented by: V. Schwepler, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General court: Travel Sentry, Inc. (Windermere, Florida, United States) (represented by: J.L. Gracia Albero and V. Torelli, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 24 November 2016 (Case R 233/2016-4), relating to invalidity proceedings between Safe Skies and Travel Sentry.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Safe Skies LLC to pay the costs.

(1) OJ C 104, 3.4.2017.
EN Official Journal of the European Union C 123/18

Judgment of the General Court of 20 February 2018 — Kwang Yang Motor v EUIPO — Schmidt (CK1)

(Case T-45/17) (1)

((EU trade mark - Opposition proceedings - Application for EU word mark CK1 - Earlier EU figurative mark CK - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)))

(2018/C 123/24)

Language of the case: English

Parties

Applicant: Kwang Yang Motor Co., Ltd (Kaohsiung, Taiwan) (represented by: A. González Hähnlein and A. Kleinheyer, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo and D. Walicka, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Udo Schmidt (Reken, Germany) (represented by: G. Rother and J. Vogtmeier, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 2 November 2016 (Case R 2193/2015-2), relating to opposition proceedings between Mr Schmidt and Kwang Yang Motor.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Kwang Yang Motor Co., Ltd to pay the costs.

(1) OJ C 78, 13.3.2017.
Case T-2/17: Judgment of the General Court of 3 May 2018 — J-M.-E.V. e hijos v EUIPO — Masi (MASSI) (EU trade mark — Invalidity proceedings — Application for registration of the EU word mark MASSI — Earlier national word mark MASI — Article 56(3) of Regulation (EC) No 207/2009 (now Article 63(3) of Regulation (EU) 2017/1001) — Res judicata — Article 53(1)(a) and Article 8(2)(c) of Regulation No 207/2009 (now Article 60(1)(a) and Article 8(2)(c) of Regulation 2017/1001) — Well-known mark within the meaning of Article 6bis of the Paris Convention)

Judgment of the General Court of 3 May 2018 — J-M.-E.V. e hijos v EUIPO — Masi (MASSI)

(Case T-2/17) ( 1 )

‛(EU trade mark — Invalidity proceedings — Application for registration of the EU word mark MASSI — Earlier national word mark MASI — Article 56(3) of Regulation (EC) No 207/2009 (now Article 63(3) of Regulation (EU) 2017/1001) — Res judicata — Article 53(1)(a) and Article 8(2)(c) of Regulation No 207/2009 (now Article 60(1)(a) and Article 8(2)(c) of Regulation 2017/1001) — Well-known mark within the meaning of Article 6bis of the Paris Convention)’

Parties

Applicant: J-M.-E.V. e hijos, SRL (Granollers, Spain) (represented by: M. Ceballos Rodríguez and J. Güell Serra, lawyers)

Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas and D. Walicka, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Alberto Masi (Milan, Italy) (represented by: C. Ceriani, S. Giudici and A. Ferreri, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 4 October 2016 (R 793/2015-1), relating to invalidity proceedings between Mr Masi and J-M.-E.V. e hijos.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 4 October 2016 (R 793/2015-1);

2. Orders EUIPO to pay, in addition to its own costs, those incurred by J-M.-E.V. e hijos, SRL;

3. Orders Mr Alberto Masi to bear his own costs.

( 1 ) OJ C 63, 27.2.2017.
Case T-220/17: Judgment of the General Court of 26 April 2018 — Pfalzmarkt für Obst und Gemüse v EUIPO (100 % Pfalz) (European Union trade mark — Application for EU figurative mark 100 % Pfalz — Absolute ground for refusal — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001))

Judgment of the General Court of 26 April 2018 — Pfalzmarkt für Obst und Gemüse v EUIPO (100 % Pfalz)

(Case T-220/17) ( 1 )

‛(European Union trade mark — Application for EU figurative mark 100 % Pfalz — Absolute ground for refusal — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Obligation to state reasons — Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001))’

Parties

Applicant: Pfalzmarkt für Obst und Gemüse eG (Mutterstadt, Germany) (represented by: C. Gehweiler and C. Weber, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 7 February 2017 (Case R 1549/2016-1) concerning an application for registration of the figurative sign 100 % Pfalz as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Pfalzmarkt für Obst und Gemüse eG to pay the costs.

( 1 ) OJ C 178, 6.6.2017.