ddrg/super_eurlex huggingface dataset:
Judgment of the General Court of 12 February 2020 — Amisi Kumba v Council

(Case T-163/18) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Renewal of the listing of the applicant’s name on the list of persons concerned - Obligation to state reasons - Rights of the defence - Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures - Error of law - Manifest error of assessment - Right to property - Proportionality - Presumption of innocence - Plea of illegality)

(2020/C 103/24)

Language of the case: French

Parties

Applicant: Gabriel Amisi Kumba (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, M. Forgeois and A. Guillerme, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix, H. Marcos Fraile and S. Van Overmeire, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of Council Decision (CFSP) 2017/2282 of 11 December 2017 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2017 L 328, p. 19), in so far as it concerns the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Gabriel Amisi Kumba to pay the costs.

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

Judgment of the General Court of 28 May 2020 — Galletas Gullón v EUIPO — Intercontinental Great Brands (gullón TWINS COOKIE SANDWICH)

(Case T-677/18) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark gullón TWINS COOKIE SANDWICH - Earlier EU figurative mark OREO - Relative ground for refusal - Damage to reputation - Article 8(5) of Regulation (EU) 2017/1001)

(2020/C 230/32)

Language of the case: Spanish

Parties

Applicant: Galletas Gullón, SA (Aguilar de Campoo, Spain) (represented by: S. Martínez-Almeida y Alejos-Pita and M. Corbal San Adrián, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Intercontinental Great Brands LLC (East Hanover, New Jersey, United States) (represented by: C. Duch Fonoll, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 5 September 2018 (Case R 2378/2017-2) relating to opposition proceedings between Intercontinental Great Brands and Galletas Gullón.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Galletas Gullón, SA, to bear its own costs and to pay those incurred in the present proceedings by the European Union Intellectual Property Office (EUIPO) and by Intercontinental Great Brands LLC.

(1) OJ C 35, 28.1.2019.
Official Journal of the European Union

Judgment of the General Court of 13 May 2020 — easyJet Airline v Commission

(Case T-8/18) (1)

(State aid - Aviation sector - Aid granted by Italy in favour of Sardinian airports - Decision declaring the aid partly compatible and partly incompatible with the internal market - Imputability to the State - Beneficiaries - Advantage for co-contracting airlines - Market economy operator principle - Effect on trade between Member States - Adverse effect on competition - Recovery - Legitimate expectations - Obligation to state reasons)

(2020/C 215/32)

Language of the case: English

Parties

Applicant: easyJet Airline Co. Ltd (Luton, United Kingdom) (represented by: P. Willis, Solicitor, and J. Rivas Andrés, lawyer)

Defendant: European Commission (represented by: L. Armati and S. Noë, acting as Agents)

Re:

Application under Article 263 TFEU for the annulment of Commission Decision (EU) 2017/1861 of 29 July 2016 on State aid SA 33983 (2013/C) (ex 2012/NN) (ex 2011/N) — Italy — Compensation to Sardinian airports for public service obligations (SGEI) (OJ 2017 L 268, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders easyJet Airline Co. Ltd to pay the costs.

(1) OJ C 94, 12.3.2018.
Official Journal of the European Union

Judgment of the General Court of 25 June 2020 — ZS v EIB

(Case T-659/18) (1)

(Civil service - Staff of the EIB - Health status - Partial disability - Time management - Unjustified absences - Reduced compensation - Liability)

(2020/C 371/06)

Language of the case: English

Parties

Applicant: ZS (represented by: B. Maréchal, lawyer)

Defendant: European Investment Bank (represented by: G. Faedo and M. Loizou, acting as Agents, and by J. Currall and B. Wägenbaur, lawyers)

Re:

Action under Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union seeking, first, the annulment of the decisions of the ECB of 27 February and 22 December 2017 fixing the compensation payable to the applicant as a result of his disability and, secondly, compensation for the harm allegedly suffered by the applicant.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Investment Bank (EIB) of 27 September 2017;

2. Dismisses the action as to the remainder;

3. Orders ZS (*1) to pay half of his costs;

4. Orders the EIB to pay, in addition to its own costs, half of the costs of ZS (*1).

(1) OJ C 4, 7.1.2019.

(*1) Information erased or replaced within the framework of protection of personal data and/or confidentiality.
Judgment of the General Court of 25 June 2020 — XH v Commission

(Case T-511/18) (1)

(Civil service - Officials - Promotion - 2017 promotion exercise - Decision not to promote - Clarity and precision of a plea in law in the application - Rule requiring correspondence - Challenge of definitive acts - Admissibility - Article 45 of the Staff Regulations - Interim probation report - End-of-probation report - Appraisal report - Factors taken into account for the consideration of the comparative merits - Regularity of the procedure - Liability - Non-material damage)

(2020/C 271/42)

Language of the case: English

Parties

Applicant: XH (represented by: E. Auleytner, lawyer)

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

Re:

Application under Article 270 TFEU, seeking (i) annulment of the decision, published in Administrative Notices No 25-2017 of 13 November 2017, not to include the applicant’s name in the list of officials promoted in the 2017 promotion exercise and annulment of Decision R/96/18 of 7 June 2018 rejecting the applicant’s complaint of 10 February 2018 and (ii) compensation for the damage allegedly suffered as a result of those decisions.

Operative part of the judgment

The Court:

1. Annuls the decision not to promote XH to grade AD 6 in the 2017 promotion exercise, which is apparent from the publication, in Administrative Notices No 25-2017 of 13 November 2017, of the list of officials promoted to that grade;

2. Orders the European Commission to pay to XH the sum of EUR 2 000 as compensation for the non-material damage that she has suffered;

3. Dismisses the action as to the remainder;

4. Orders the Commission to pay the costs.

(1) OJ C 131, 8.4.2019.
Official Journal of the European Union

Judgment of the General Court of 18 November 2020 — Aquind v ACER

(Case T-735/18) (1)

(Energy - Article 17 of Regulation (EC) No 714/2009 - Decision of ACER refusing a request for exemption relating to new electrical interconnectors - Appeal before the Board of Appeal of ACER - Intensity of the review)

(2021/C 19/47)

Language of the case: English

Parties

Applicant: Aquind Ltd (Wallsend, United Kingdom) (represented by: S. Goldberg and C. Davis, Solicitors, and E. White, lawyer)

Defendant: European Union Agency for the Cooperation of Energy Regulators (ACER) (represented by: P. Martinet, E. Tremmel, C. Gence-Creux and A. Hofstadter, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of (i) Decision A-001-2018 of the Board of Appeal of ACER of 17 October 2018 which upheld Decision No 05/2018 of ACER of 19 June 2018 refusing a request for exemption relating to an electrical interconnector connecting the electricity transmission systems in the United Kingdom and France, and (ii) the decision of ACER thus upheld.

Operative part of the judgment

The Court:

1. Annuls Decision A-001-2018 of the Board of Appeal of the European Union Agency for the Cooperation of Energy Regulators (ACER) of 17 October 2018;

2. Dismisses the action as to the remainder;

3. Orders ACER to bear its own costs and to pay those incurred by Aquind Ltd.

(1) OJ C 103, 18.3.2019.
Judgment of the General Court of 23 September 2020 — Aristoteleio Panepistimio Thessalonikis v EACEA

(Case T-408/18) (1)

(Arbitration clause - Grant agreement entered into under Erasmus Mundus action programme No 3 for the promotion of higher education - Grant agreement entered into under the programme for lifelong learning - Eligible costs - Debit notes - Repayment of part of the sums advanced - Contractual liability)

(2020/C 399/39)

Language of the case: Greek

Parties

Applicant: Aristoteleio Panepistimio Thessalonikis (Thessaloniki, Greece) (represented by: V. Christianos, lawyer)

Defendant: Education, Audiovisual and Culture Executive Agency (represented by: H. Monet and P. Kalyva, acting as Agents, and G. Dellis, K. Sakellariou and A. Chasapopoulos, lawyers)

Re:

Action under Article 272 TFEU seeking, first, a declaration that the debts set out in debit notes with reference numbers 3241804682 and 3241804913 of 9 and 16 April 2018 issued by the EACEA against the applicant represent eligible costs of EUR 28 976,83 and EUR 77 169,78, respectively, and, second, an order that the EACEA repay those sums to the applicant, together with default interest.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Aristoteleio Panepistimio Thessalonikis to pay the costs.

(1) OJ C 319, 10.9.2018.
Judgment of the General Court of 20 January 2021 — ABLV Bank v SRB

(Case T-758/18) (1)

(Economic and monetary Union - Banking union - Single resolution mechanism for credit institutions and certain investment firms (SRM) - Single Resolution Fund (SRF) - Setting of the 2015 and 2018 ex ante contributions - Rejection of the request for a recalculation and a reimbursement of contributions - Action for annulment - Challengeable act - Admissibility - Institution whose licence has been withdrawn - Article 70(4) of Regulation (EU) No 806/2014 - Concept of ‘change of status’ - Article 12(2) of Delegated Regulation (EU) 2015/63)

(2021/C 72/29)

Language of the case: English

Parties

Applicant: ABLV Bank AS (Riga, Latvia) (represented by: O. Behrends, lawyer)

Defendant: Single Resolution Board (SRB) (represented by: J. Kerlin and P. Messina, acting as Agents, and by B. Meyring, S. Schelo, T. Klupsch and S. Ianc, lawyers)

Intervener in support of the defendant: European Commission (represented by: D. Triantafyllou, A. Nijenhuis and A. Steiblytė, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of the letter from the SRB of 17 October 2018 by which the SRB rejected the applicant’s application for, first, the recalculation of its 2018 ex ante contribution and the repayment of the overpayment and, second, the repayment of a portion of its 2015 ex ante contribution, following the withdrawal of its licence by the European Central Bank (ECB).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders ABLV Bank AS to pay, in addition to its own costs, the costs incurred by the Single Resolution Board (SRB);

3. Orders the European Commission to bear its own costs.

(1) OJ C 82, 4.3.2019.
Official Journal of the European Union

Judgment of the General Court of 16 December 2020 — Pareto Trading v EUIPO — Bikor and Bikor Professional Color Cosmetics (BIKOR EGYPTIAN EARTH)

(Case T-438/18) (1)

(EU trade mark - Invalidity proceedings - EU word mark BIKOR EGYPTIAN EARTH - Absolute ground for refusal - Bad faith - Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001))

(2021/C 53/43)

Language of the case: English

Parties

Applicant: Pareto Trading Co., Inc. (Carlstadt, New Jersey, United States) (represented by: I. Sempere Massa, C. Martínez-Tercero Molina and V. Balaguer Fuentes, lawyers)

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

Other parties to the proceedings before the Board of Appeal of EUIPO: Elżbieta Korbut Bikor (Gdańsk, Poland) and Bikor Professional Color Cosmetics Małgorzata Wedekind (Gdańsk)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 24 April 2018 (Case R 1826/2015-1) relating to invalidity proceedings between Pareto Trading, on the one hand, and Ms Bikor and Bikor Professional Color Cosmetics Małgorzata Wedekind, on the other.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Pareto Trading Co., Inc. to pay the costs.

(1) OJ C 319, 10.9.2018.
Judgment of the General Court of 30 June 2021 — Global Silicones Council and Others v Commission

(Case T-226/18) (1)

(REACH - Updating of Annex XVII to Regulation (EC) No 1907/2006 concerning restrictions on the manufacture, placing on the market and use of certain dangerous substances, mixtures and articles - Restrictions concerning octamethylcyclotetrasiloxane (D4) and decamethylcyclopentasiloxane (D5) - Manifest error of assessment - Annex XIII to Regulation No 1907/2006 - Weight-of-evidence determination - Article 68 of Regulation No 1907/2006 - Unacceptable risk - Proportionality - Essential procedural requirements)

(2021/C 329/19)

Language of the case: English

Parties

Applicants: Global Silicones Council (Washington, DC, United States), Wacker Chemie AG (Munich, Germany), Momentive Performance Materials GmbH (Leverkusen, Germany), Shin-Etsu Silicones Europe BV (Almere, Netherlands), Elkem Silicones France SAS (Lyon, France) (represented by: A. Kołtunowska and R. Semail, lawyers)

Defendant: European Commission (represented by: R. Lindenthal and K. Mifsud-Bonnici, acting as Agents)

Intervener in support of the applicants: American Chemistry Council, Inc. (ACC) (Washington) (represented by: K. Nordlander and C. Grobecker, lawyers)

Interveners in support of the defendant: Federal Republic of Germany (represented by: J. Möller, D. Klebs, S. Eisenberg, S. Heimerl and S. Costanzo, acting as Agents), United Kingdom of Great Britain and Northern Ireland (represented by: S. Brandon, acting as Agent, and by C. Banner and A. Parkinson, Barristers), European Parliament (represented by: L. Darie and A. Tamás, acting as Agents), Council of the European Union (represented by: M. Moore and A. Maceroni, acting as Agents), European Chemicals Agency (represented by: M. Heikkilä, W. Broere and A. Hautamäki, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of Commission Regulation (EU) 2018/35 of 10 January 2018 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards octamethylcyclotetrasiloxane (‘D4’) and decamethylcyclopentasiloxane (‘D5’) (OJ 2018 L 6, p. 45).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Global Silicones Council, Wacker Chemie AG, Momentive Performance Materials GmbH, Shin-Etsu Silicones Europe BV and Elkem Silicones France SAS to bear their own costs and to pay those incurred by the European Commission;

3. Orders the Federal Republic of Germany, the United Kingdom of Great Britain and Northern Ireland, the European Parliament, the Council of the European Union, the European Chemicals Agency (ECHA) and American Chemistry Council, Inc. (ACC) to bear their own costs.

(1) OJ C 200, 11.6.2018.
Official Journal of the European Union

Judgment of the General Court of 24 March 2021 — Andreas Stihl v EUIPO — Giro Travel Company (Combination of the colours grey and orange)

(Case T-193/18) (1)

(EU trade mark - Invalidity proceedings - EU mark consisting of a combination of the colours grey and orange - Absolute ground for refusal - Article 4 and Article 7(1)(a) of Regulation No 40/94 (now Article 7(1)(a) of Regulation (EU) 2017/1001) - Sufficiently clear and precise graphic representation - Requirement for a systematic arrangement associating the colours in a predetermined and uniform way)

(2021/C 217/47)

Language of the case: English

Parties

Applicant: Andreas Stihl AG & Co. KG (Waiblingen, Germany) (represented by: S. Völker, M. Pemsel and C. Eulenpesch, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Giro Travel Company SRL (Roman, Romania) (represented by: C. Frisch, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 23 January 2018 (Case R 200/2017-2) relating to invalidity proceedings between Giro Travel Company and Andreas Stihl.

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 23 January 2018 (Case R 200/2017-2);

2. Orders EUIPO to bear its own costs and to pay those incurred by Andreas Stihl AG & Co. KG;

3. Orders Giro Travel Company SRL to bear its own costs.

(1) OJ C 166, 14.5.2018.
Judgment of the General Court of 29 September 2021 — Nec v Commission

(Case T-341/18) (1)

(Competition - Agreements, decisions and concerted practices - Market for aluminium electrolytic capacitors and tantalum electrolytic capacitors - Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement - Price coordination throughout the EEA - Attribution to the parent company of the infringement committed by its subsidiary - 2006 Guidelines on the method of setting fines - Gravity of the infringement - Increase in the amount of the fine for repeated infringement - Proportionality - Unlimited jurisdiction)

(2021/C 471/46)

Language of the case: English

Parties

Applicant: Nec Corp. (Tokyo, Japan) (represented by: O. Brouwer and A. Pliego Selie, lawyers, and by R. Bachour, Solicitor)

Defendant: European Commission (represented by: A. Cleenewerck de Crayencour, L. Wildpanner and F. van Schaik, acting as Agents)

Re:

Application under Article 263 TFEU for, primarily, annulment of Commission Decision C(2018) 1768 final of 21 March 2018 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case AT.40136 — Capacitors), in so far as that decision finds that the applicant personally participated in the infringement, and, in the alternative, annulment of the fines imposed on the applicant or a reduction in the amount of those fines.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Nec Corp. to bear its own costs and to pay the costs incurred by the European Commission.

(1) OJ C 294, 20.8.2018.
Judgment of the General Court of 14 July 2021 — Oblitas Ruzza v Council

(Case T-551/18) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in Venezuela - Freezing of funds - Lists of persons, entities and bodies subject to the freezing of funds and economic resources - Inclusion of the applicant’s name on the lists - Retention of the applicant’s name on the lists - Error of assessment - Right to property)

(2021/C 349/37)

Language of the case: English

Parties

Applicant: Sandra Oblitas Ruzza (Caracas, Venezuela) (represented by: F. Di Gianni and L. Giuliano, lawyers)

Defendant: Council of the European Union (represented by: A. Antoniadis, S. Kyriakopoulou and P. Mahnič, acting as Agents)

Re:

Application based on Article 263 TFEU and seeking annulment, first, of Council Decision (CFSP) 2018/901 of 25 June 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 160 I, p. 12) and of Council Decision (CFSP) 2018/1656 of 6 November 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 276, p. 10) and, second, of Council Implementing Regulation (EU) 2018/899 of 25 June 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 160 I, p. 5), and of Council Implementing Regulation (EU) 2018/1653 of 6 November 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 276, p. 1), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Sandra Oblitas Ruzza to pay the costs.

(1) OJ C 427, 26.11.2018.
Official Journal of the European Union

Judgment of the General Court of 20 October 2021 — Polskie Linie Lotnicze ‘LOT’ v Commission

(Case T-240/18) (1)

(Competition - Concentrations - Air transport - Decision declaring a concentration compatible with the internal market and the EEA Agreement - Relevant market - Assessment of the effects of the concentration on competition - Absence of commitment - Obligation to state reasons)

(2021/C 502/26)

Language of the case: Polish

Parties

Applicant: Polskie Linie Lotnicze ‘LOT’ S.A. (Warsaw, Poland) (represented by: M. Jeżewski and M. König, lawyers)

Defendant: European Commission (represented by: L. Wildpanner, T. Franchoo and J. Szczodrowski, acting as Agents)

Intervener in support of the defendant: easyJet plc (Luton, United Kingdom) (represented by: M. Odriozola Alén, I. Terlecka and T. Reeves, lawyers)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2017) 8776 final of 12 December 2017 (Case No COMP/M.8672 — easyJet / Certain Air Berlin assets) declaring a concentration compatible with the internal market and the EEA Agreement

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Polskie Linie Lotnicze ‘LOT’ S.A. to pay the costs.

(1) OJ C 200, 11.6.2018.
Official Journal of the European Union

Judgment of the General Court of 20 September 2019 — Sixsigma Networks Mexico v EUIPO — Dokkio (DOKKIO)

(Case T-67/19) (1)

(EU trade mark - Opposition proceedings - International registration designating the European Union - Word mark DOKKIO - Earlier EU figurative mark representing two diagonal lines followed by a vertical line and a circle - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2019/C 406/43)

Language of the case: English

Parties

Applicant: Sixsigma Networks Mexico, SA de CV (Mexico, Mexico) (represented by: C. Casas Feu, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Dokkio, Inc. (San Mateo, California, United States) (represented by: A. Kylhammar and L. Morin, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 21 November 2018 (Case R 1187/2018-2), relating to opposition proceedings between Sixsigma Networks Mexico and Dokkio.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sixsigma Networks Mexico, SA de CV to pay the costs.

(1) OJ C 112, 25.3.2019.