ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 144/38

Judgment of the General Court of 16 March 2017 — Sociedad agraria de transformación No 9982 Montecitrus v EUIPO — Spanish Oranges (MOUNTAIN CITRUS SPAIN)

(Case T-495/15) (1)

((EU trade mark - Opposition proceedings - Application for the EU figurative mark MOUNTAIN CITRUS SPAIN - Earlier EU figurative mark monteCitrus - Relative ground for refusal - No likelihood of confusion - Identity of the goods - No similarity between the signs - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2017/C 144/50)

Language of the case: English

Parties

Applicant: Sociedad agraria de transformación No 9982 Montecitrus (Pulpí, Spain) (represented by: N. Fernández Fernández-Pacheco, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Spanish Oranges, SL (Castellón, Spain) (represented by: F. Perez Arnau, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 26 June 2015 (Case R 871/2014-4), relating to opposition proceedings between Sociedad agraria de transformación No 9982 Montecitrus and Spanish Oranges

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sociedad agraria de transformación No 9982 Montecitrus to pay the costs.

(1) OJ C 354, 26.10.2015.
EN Official Journal of the European Union C 213/27

Judgment of the General Court of 11 May 2017 — Barqawi v Council

(Case T-303/15) (1)

((Common Foreign and Security Policy - Restrictive measures adopted against Syria - Freezing of funds - Manifest error of assessment))

(2017/C 213/35)

Language of the case: French

Parties

Applicant: Ahmad Barqawi (Dubai, United Arab Emirates) (represented by: J.-P. Buyle and L. Cloquet, lawyers)

Defendant: Council of the European Union (represented initially by: G. Étienne and N. Rouam, subsequently by: G. Étienne and S. Kyriakopoulou, and finally by: S. Kyriakopoulou, acting as Agents)

Re:

Action on the basis of Article 263 TFEU seeking the annulment of Council Implementing Decision (CFSP) 2015/383 of 6 March 2015 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2015 L 64, p. 41) and of Council Implementing Regulation (EU) 2015/375 of 6 March 2015 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2015 L 64, p. 10), insofar as the applicant’s name has been entered in the list of persons and entities to which the restrictive measures apply.

Operative part of the judgment

The Court:

1. Annuls Council Implementing Decision (CFSP) 2015/383 of 6 March 2015 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria and Council Implementing Regulation (EU) 2015/375 of 6 March 2015 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria inasmuch as they relate to Mr Ahmad Barqawi;

2. Orders the Council of the European Union to bear its own costs and to pay the costs incurred by Mr Barqawi.

(1) OJ C 245, 27.7.2015.
EN Official Journal of the European Union C 161/24

Judgment of the General Court of 6 April 2017 — Metabolic Balance Holding v EUIPO (Metabolic Balance)

(Case T-594/15) (1)

((EU trade mark - Application for the EU figurative mark Metabolic Balance - Absolute ground for refusal - Descriptiveness - Article 7(1)(c) of Regulation (EC) No 207/2009))

(2017/C 161/33)

Language of the case: German

Parties

Applicant: Metabolic Balance Holding GmbH (Isen, Germany) (represented by: W. Riegger, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Fischer and J. Németh, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 12 August 2015 (Case R 2156/2014-1), concerning an application for registration of the figurative sign Metabolic Balance as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Metabolic Balance Holding GmbH to bear its own costs and to pay those incurred by EUIPO.

(1) OJ C 398, 30.11.2015.
EN Official Journal of the European Union C 277/36

Judgment of the General Court of 4 July 2017 — European Dynamics Luxembourg and Others v European Union Agency for Railways

(Case T-392/15) (1)

((Public service contracts - Tendering procedure - External Service Provision for development, studies and support for information systems for the European Union Agency for Railways - Ranking of a tenderer’s bid - Rejection of the tenderer’s bid - Duty to state reasons - Abnormally low tender))

(2017/C 277/52)

Language of the case: Greek

Parties

Applicants: European Dynamics Luxembourg SA (Luxembourg, Luxembourg), Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) and European Dynamics Belgium SA (Brussels, Belgium) (represented initially by I. Ampazis, M. Sfyri, C.-N. Dede and D. Papadopoulou and, subsequently, by M. Sfyri, C.-N. Dede and D. Papadopoulou lawyers)

Defendant: European Union Agency for Railways (represented initially by M.J. Doppelbauer, and subsequently by M.G. Stärkle and Z. Pyloridou, acting as Agents and V. Christianos, lawyer)

Re:

Action based on Article 263 TFEU seeking annulment of the decision of the European Union Agency for Railways ranking the tenders submitted by the applicants for Lots 1 and 2 of contract ERA/2015/01/OP ‘ESP EISD 5 — External Service Provision for ERA Information System’

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders European Dynamics Luxembourg SA, Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE and European Dynamics Belgium to pay the costs.

(1) OJ C 328, 5.10.2015.
EN Official Journal of the European Union C 239/45

Judgment of the General Court of 7 June 2017 — Blaž Jamnik and Blaž v Parliament

(Case T-726/15) (1)

((Public service contracts - Property market - Tender procedure - Negotiated procedure without publication of a contract notice - Premises for the European Union House in Ljubljana - Rejection of the tender after prospecting the local market - Award of the contract to another tenderer - Failure to examine the documents annexed to the tender - Error of law - Manifest error of assessment))

(2017/C 239/56)

Language of the case: Slovenian

Parties

Applicants: Jožica Blaž Jamnik and Brina Blaž (Ljubljana, Slovenia) (represented by: D. Mihevc, lawyer)

Defendant: European Parliament (represented by: V. Naglič, P. López-Carceller and B. Simon, Agents)

Re:

Application pursuant to Article 263 TFEU for annulment of the decision of the Parliament of 12 October 2015 rejecting, after prospection of the local market, the tender submitted by the applicants in connection with building contract INLO.AO-2013-051-LUX-UGIMBI 06 concerning the future European Union House in Ljubljana and of the decision to award the contract to another tenderer and, in the alternative, a claim under Article 268 TFEU for compensation for the damage allegedly suffered by the applicants.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Jožica Blaž Jamnik and Brina Blaž to pay the costs.

(1) OJ C 98, 14.3.2016.
EN Official Journal of the European Union C 369/8

Judgment of the General Court of 19 September 2017 — Greece v Commission

(Case T-327/15) (1)

((EAGGF - Guidance Section - Reduction of financial assistance - Operational programme - Legal basis - Transitional provisions - Application of financial corrections after the programming period concerned - Infringement of essential procedural requirements - Failure to comply with the time-limit for adopting a decision - Rights of the defence - Right to be heard - Legal certainty - Legitimate expectations - Ne bis in idem - Proportionality))

(2017/C 369/09)

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented by: G. Kanellopoulos, O. Tsirkinidou and A. Vasilopoulou, acting as Agents)

Defendant: European Commission (represented by: J. Aquilina and D. Triantafyllou, acting as Agents)

Re:

Application based on Article 263 TFEU seeking the annulment of Commission Implementing Decision C(2015) 1936 final of 25 March 2015 on applying financial correction on the EAGGF Guidance Section of the Operational Programme CCI No 2000GR061PO021 (GREECE — Objective 1 — Rural Reconstruction).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 279, 24.8.2015.
EN Official Journal of the European Union C 283/32

Judgment of the General Court of 13 July 2017 — Talanton v Commission

(Case T-65/15) (1)

((Arbitration clause - Pocemon contract - Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) - Eligible costs - Recovery of sums paid - Abuse of contractual rights - Principle of good faith - Legitimate expectations - Burden of proof - Counterclaim))

(2017/C 283/47)

Language of the case: Greek

Parties

Applicant: Talanton AE — Symvouleftiki-Ekpaideftiki Etaireia Dianomon, Parochis Ypiresion Marketing kai Dioikisis Epicheiriseon (Palaio Faliro, Greece) (represented by: K. Damis, lawyer)

Defendant: European Commission (represented by: R. Lyal, acting as Agent, and L. Athanassiou and G. Gerapetritis, lawyers)

Re:

First, application based on Article 272 TFEU seeking a declaration that the expenditure that the applicant declared in the context of grant agreement No 216088 relating to the implementation of the ‘Point-of-care monitoring and diagnostics for autoimmune diseases’ project, concluded in the context of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013), was eligible and that the request, by the Commission, for recovery of the sum of EUR 273 289,63, pursuant to that grant agreement, amounted to a breach of the Commission’s contractual obligations, as well as, second, a counterclaim seeking an order requiring the applicant to pay the sum of EUR 253 289,63, together with interest and reduced by any later payments.

Operative part of the judgment

The General Court:

1. Dismisses the action;

2. Orders Talanton AE — Symvouleftiki-Ekpaideftiki Etaireia Dianomon, Parochis Ypiresion Marketing kai Dioikisis Epicheiriseon to reimburse to the European Commission the sum of EUR 253 289,63, paid pursuant to grant agreement No 216088 relating to the implementation of the ‘Point-of-care monitoring and diagnostics for autoimmune diseases’ project, together with late payment interest at the rate of 3,55 % from 27 January 2015, reduced by the sum of EUR 5 000 paid to the Commission on 4 May 2015, which is first set against late payment interest and then against the principal amount;

3. Orders Talanton AE — Symvouleftiki-Ekpaideftiki Etaireia Dianomon, Parochis Ypiresion Marketing kai Dioikisis Epicheiriseon to pay the costs.

(1) OJ C 138, 27.4.2015.
EN Official Journal of the European Union C 402/23

Judgment of the General Court of 10 October 2017 — Kolachi Raj Industrial v Commission

(Case T-435/15) (1)

((Dumping - Import of bicycles consigned from Cambodia, Pakistan and the Philippines - Extension to those imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China - Implementing Regulation (EU) 2015/776 - Article 13(2)(a) and (b) of Regulation (EC) No 1225/2009 - Assembly operations - Provenance and origin of bicycle parts - Certificates of origin - Insufficient evidentiary value - Manufacturing costs of bicycle parts))

(2017/C 402/29)

Language of the case: English

Parties

Applicant: Kolachi Raj Industrial (Private) Ltd (Karachi, Pakistan) (represented by: P. Bentley, QC)

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

Intervener in support of the defendant: European Bicycle Manufacturers Association (EBMA) (represented by: L. Ruessmann, lawyer, and J. Beck, Solicitor)

Re:

Application pursuant to Article 263 TFEU seeking the annulment of Commission Implementing Regulation (EU) 2015/776 of 18 May 2015 extending the definitive anti-dumping duty imposed by Council Regulation (EU) No 502/2013 on imports of bicycles originating in the People’s Republic of China to imports of bicycles consigned from Cambodia, Pakistan and the Philippines, whether declared as originating in Cambodia, Pakistan and the Philippines or not (OJ 2015, L 122, p. 4), to the extent that it applies to the applicant.

Operative part of the judgment

The Court:

1. Annuls Commission Implementing Regulation (EU) 2015/776 of 18 May 2015 extending the definitive anti-dumping duties imposed by Council Regulation (EU) No 502/2013 on imports of bicycles originating in the People’s Republic of China to imports of bicycles consigned from Cambodia, Pakistan and the Philippines, whether declared as originating in Cambodia, Pakistan and the Philippines or not, to the extent that it applies to Kolachi Raj Industrial (Private) Ltd;

2. Orders the European Commission to bear its own costs and to pay those of Kolachi Raj Industrial (Private) Ltd;

3. Orders the European Bicycle Manufacturers Association (EBMA) to bear its own costs.

(1) OJ C 328, 5.10.2015.
EN Official Journal of the European Union C 374/28

Judgment of the General Court of 20 September 2017 — Jordi Nogues v EUIPO — Grupo Osborne (BADTORO)

(Case T-386/15) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark BADTORO - Earlier EU figurative and word marks TORO - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Similarity of the goods and services - Article 8(1)(b) of Regulation (EC) No 207/2009 - Suspension of the administrative procedure - Rule 20(7)(c) of Regulation (EC) No 2868/95))

(2017/C 374/41)

Language of the case: Spanish

Parties

Applicant: Jordi Nogues, SL (Barcelona, Spain) (represented by: M. J. Sanmartín Sanmartín and E. López Parés, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Grupo Osborne, SA (El Puerto de Santa María, Spain) (represented by: J. M. Iglesias Monravá, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 17 April 2015 (Case R 2570/2013-2) relating to opposition proceedings between Grupo Osborne and Jordi Nogues.

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 17 April 2013 (R 2570/2013-2);

2. Orders EUIPO to bear its own costs and to pay those incurred by Jordi Nogues, SL;

3. Orders Grupo Osborne, SA to bear its own costs.

(1) OJ C 320, 28.9.2015.
EN Official Journal of the European Union C 42/11

Judgment of the General Court of 14 December 2017 — European Dynamics Luxembourg and Evropaïki Dynamiki v Parliament

(Case T-164/15) (1)

((Public service contracts - Public procurement procedure - External provision of information technology services to the Parliament and other institutions and bodies of the EU - Ranking of a tenderer in the cascade procedure - Award criteria - Obligation to state reasons - Non-contractual liability))

(2018/C 042/15)

Language of the case: Greek

Parties

Applicant: European Dynamics Luxembourg SA (Luxembourg, Luxembourg) and Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented initially by: I. Ampazis and M. Sfyri, and subsequently by: M. Sfyri, D. Papadopoulou and C.-N. Dede, lawyers)

Defendant: European Parliament (represented initially by: B. Simon, L. Darie and I. Anagnostopoulou, and subsequently by: L. Darie, Z. Nagy and I. Anagnostopoulou, acting as Agents)

Re:

Firstly, application on the basis of Article 263 TFEU seeking the annulment of Decision D(2015) 7680 of the European Parliament, sent to the applicants by letter of 13 February 2015, to rank their bid in third place in the cascade for Lot No 3 ‘Development and maintenance of production information systems’ in the open procurement procedure PE/ITEC-ITS 14 ‘External provision of IT services’ and, secondly, application on the basis of Article 268 TFEU seeking compensation for the loss allegedly suffered by the applicants.

Operative part of the judgment

The Court:

1. Annuls Decision D(2015) 7680 of the European Parliament sent to the applicants by letter of 13 February 2015, to rank the bid of European Dynamics Luxembourg SA and Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE in third place in the cascade for Lot No 3 ‘Development and maintenance of production information systems’ in the open procurement procedure PE/ITEC-ITS 14 ‘External provision of IT services’;

2. Dismisses the remainder of the action;

3. Orders each party to bear its own costs.

(1) OJ C 228, 13.7.2015.
EN Official Journal of the European Union C 5/29

Judgment of the General Court of 8 November 2017 — Ivanyushchenko v Council

(Case T-246/15) (1)

((Common foreign and security policy - Restrictive measures taken in view of the situation in Ukraine - Freezing of funds - List of persons, entities and bodies subject to the freezing of funds and economic resources - Maintenance of the applicant’s name on the list - Manifest error of assessment))

(2018/C 005/38)

Language of the case: English

Parties

Applicant: Yuriy Volodymyrovych Ivanyushchenko (Yenakievo, Ukraine), (represented by: B. Kennelly QC, J. Pobjoy, Barrister, R. Gherson and T. Garner, Solicitors)

Defendant: Council of the European Union (represented initially by J.-P. Hix and N. Rouam, and subsequently by J.-P. Hix and P. Mahnič Bruni, acting as Agents)

Re:

APPLICATION under Article 263 TFEU seeking the annulment of (i) Council Decision (CFSP) 2015/364 of 5 March 2015 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2015 L 62, p. 25) and Council Implementing Regulation (EU) 2015/357 of 5 March 2015 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2015 L 62, p. 1), and (ii) Council Decision (CFSP) 2016/318 of 4 March 2016 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2016 L 60, p. 76) and Council Implementing Regulation (EU) 2016/311 of 4 March 2016 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2016 L 60, p. 1), in so far as the applicant’s name was maintained on the list of persons, entities and bodies subject to those restrictive measures.

Operative part of the judgment

The Court:

1. Annuls Council Decision (CFSP) 2015/364 of 5 March 2015 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine and Council Implementing Regulation (EU) 2015/357 of 5 March 2015 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine in so far as they apply to the applicant;

2. Annuls Council Decision (CFSP) 2016/318 of 4 March 2016 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine and Council Implementing Regulation (EU) 2015/311 of 4 March 2016 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine in so far as they apply to the applicant;

3. Orders the Council of the European Union to pay the costs.

(1) OJ C 236, 20.7.2015.
EN Official Journal of the European Union C 142/41

Judgment of the General Court of 1 March 2018 — Poland v Commission

(Case T-402/15) (1)

((ERDF - Refusal to confirm a financial contribution to a major project - Article 41(1) of Regulation (EC) No 1083/2006 - Assessment of the contribution of a major project to the achievement of the objectives of the operational programme - Article 41(2) of Regulation (EC) No 1083/2006 - Time limit exceeded))

(2018/C 142/53)

Language of the case: Polish

Parties

Applicant: Republic of Poland (represented by: B. Majczyna, acting as Agent)

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

Re:

Application on the basis of Article 263 TFEU seeking the annulment of Commission Decision C(2015) 3228 final of 11 May 2015, refusing to confirm to the Republic of Poland a financial contribution from the European Regional Development Fund (ERDF) to the major project ‘European Shared Services Centre — Intelligent Logistics Systems’ in the context of Priority Axis 4 of operational programme ‘Innovative Economy’.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the Republic of Poland to pay the costs.

(1) OJ C 311, 21.9.2015.
EN Official Journal of the European Union C 104/25

Judgment of the General Court of 5 February 2018 — Dôvera zdravotná poist’ovňa v Commission

(Case T-216/15) (1)

((State aid - Health insurance bodies - Capital increase, debt repayment, subsidies and Risk Equalisation Scheme - Decision finding no State aid - Concept of State aid - Concept of undertaking and economic activity - Principle of solidarity - State supervision - Activity that is economic in nature - Competition on quality - Presence of operators seeking to make a profit - Pursuit, use and distribution of profits - Error of law - Error of assessment))

(2018/C 104/32)

Language of the case: English

Parties

Applicant: Dôvera zdravotná poist’ovňa, a.s. (Bratislava, Slovakia) (represented by: O. Brouwer and A. Pliego Selie, lawyers)

Defendant: European Commission (represented by: P.–J. Loewenthal and L. Armati, acting as Agents)

Intervener in support of the applicant: Union zdravotná poist’ovňa a.s. (Bratislava) (represented by: initially E. Pijnacker Hordijk and A. ter Haar, and subsequently A. ter Haar, lawyers)

Intervener in support of the defendant: Slovak Republic (represented by: B. Ricziová, acting as Agent)

Re:

Application pursuant to Article 263 TFEU for annulment of Commission Decision (EU) 2015/248 of 15 October 2014 on the measures SA.23008 (2013/C) (ex 2013/NN) granted by the Slovak Republic to Spoločná zdravotná poisťovňa, a.s. (SZP) and Všeobecná zdravotná poisťovňa, a.s. (VšZP) (OJ 2015 L 41, p. 25).

Operative part of the judgment

The Court:

1. Annuls Commission Decision (EU) 2015/248 of 15 October 2014 on the measures SA.23008 (2013/C) (ex 2013/NN) implemented by the Slovak Republic for Spoločná zdravotná poisťovňa, a.s. (SZP) and Všeobecná zdravotná poisťovňa, a.s. (VšZP);

2. Orders the European Commission to bear its own costs and to pay those incurred by Dôvera zdravotná poist’ovňa, a.s. and by Union zdravotná poist’ovňa a.s.;

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

(1) OJ C 262, 10.8.2015.