ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 94/28

Order of the President of the General Court of 18 January 2018 — Strabag Belgium v Parliament

(Case T-784/17 R)

((Application for interim relief - Public works contracts - Application for interim measures - Standstill period - Abnormally low bid - Prima facie case - Urgency - Weighing of the competing interests))

(2018/C 094/37)

Language of the case: French

Parties

Applicant: Strabag Belgium (Antwerp, Belgium) (represented by: M. Schoups, K. Lemmens and M. Lahbib, lawyers)

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

Re:

Application based on Articles 278 TFEU and 279 TFEU seeking, first, a suspension of execution of the Parliament’s decision of 24 November 2017 to reject the applicant’s tender and to award to five tenderers the framework contract involving general contractor works for the Parliament buildings in Brussels (Belgium) (call for tenders 06/D 20/2017/M036) and, second, an order requiring the Parliament to produce various documents.

Operative part of the order

1. Execution of the European Parliament’s decision of 24 November 2017 to reject Strabag Belgium’s tender and to award to five tenderers the framework contract involving general contractor works for Parliament buildings in Brussels (Belgium) (call for tenders 06/D 20/2017/M036) is suspended.

2. The remainder of the application is dismissed.

3. The order of 6 December 2017, Strabag Belgium v Parliament (T-784/17 R), is cancelled.
EN Official Journal of the European Union C 42/26

Order of the General Court of 7 December 2017 — Troszczynski v Parliament

(Case T-148/17) (1)

((Action for annulment - Rules governing the payment of expenses and allowances to Members of the European Parliament - Parliamentary assistance allowance - Recovery of undue payments - Partial inadmissibility - Partial non-suit))

(2018/C 042/39)

Language of the case: French

Parties

Applicant: Mylène Troszczynski (Noyon, France) (represented by: initially, M. Ceccaldi and, subsequently, F. Wagner, lawyers)

Defendant: European Parliament (represented by: G. Corstens and S. Seyr, Agents)

Intervener in support of the defendant: Council of the European Union (represented by: A. Jensen, M. Bauer and R. Meyer, Agents)

Re:

Application under Article 263 TFEU for annulment of the decision of the Secretary General of the Parliament of 23 June 2016 concerning recovery from the applicant of the amount of EUR 56 554 unduly paid in respect of parliamentary assistance, of the related debit note, and of the decision of the Quaestors of 13 December 2016 dismissing the applicant’s appeal against the decision of 23 June 2016.

Operative part of the order

1. The action is dismissed as inadmissible inasmuch as it relates to the application for annulment of the decision of the Secretary General of the European Parliament of 23 June 2016 concerning the recovery from Ms Mylène Troszczynski of the amount of EUR 56 554 unduly paid in respect of parliamentary assistance, and of the related debit note, and to the claim that the Parliament should be ordered to pay the applicant the amount of EUR 50 000 as reimbursement of recoverable costs.

2. There is no longer any need to adjudicate on the action inasmuch as it relates to the application for annulment of the decision of the Quaestors of 13 December 2016 dismissing the applicant’s appeal against the decision of 23 June 2016.

3. Ms Troszczynksi shall bear her own costs and also pay those incurred by the Parliament.

4. The Council of the European Union shall bear its own costs.

(1) OJ C 144, 8.5.2017.
Case T-234/17: Order of the General Court of 3 May 2018 — Siberian Vodka v EUIPO — Schwarze und Schlichte (DIAMOND ICE) (EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark DIAMOND ICE — Earlier EU word mark DIAMOND CUT — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Action manifestly lacking any foundation in law)

Order of the General Court of 3 May 2018 — Siberian Vodka v EUIPO — Schwarze und Schlichte (DIAMOND ICE)

(Case T-234/17) ( 1 )

‛(EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark DIAMOND ICE — Earlier EU word mark DIAMOND CUT — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Action manifestly lacking any foundation in law)’

Parties

Applicant: Siberian Vodka AG (Herisau, Switzerland) (represented by: O. Bischof, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Schwarze und Schlichte Markenvertrieb GmbH & Co. KG (Oelde, Germany) (represented by: A. Zafar, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 8 February 2017 (Case R 1171/2016-4), relating to opposition proceedings between Schwarze und Schlichte Markenvertrieb and Siberian Vodka.

Operative part of the order

1. The action is dismissed.

2. Siberian Vodka AG shall pay the costs.

( 1 ) OJ C 195, 19.6.2017.
EN Official Journal of the European Union C 161/51

Order of the General Court of 13 March 2018 — Disney Enterprises v EUIPO — Di Molfetta (DiSNEY FROZEN)

(Case T-567/17) (1)

((EU trade mark - Opposition proceedings - Withdrawal of the application for registration - No need to adjudicate))

(2018/C 161/58)

Language of the case: English

Parties

Applicant: Disney Enterprises, Inc. (Burbank, California, United States) (represented by: M. Graf, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Fabio Di Molfetta (Bisceglie, Italy)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 12 May 2017 (Case R 2342/2016-5), relating to opposition proceedings between Fabio Di Molfetta and Disney Enterprises, Inc.

Operative part of the order

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

2. Disney Enterprises, Inc., shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO).

(1) OJ C 347, 16.10.2017.
Official Journal of the European Union

Order of the President of the General Court of 22 June 2018 — Arysta LifeScience Netherlands v Commission

(Case T-476/17 R)

((Application for interim measures - Plant protection products - Active substance diflubenzuron - Conditions of approval for placing on the market - Application for suspension of operation - Lack of urgency - Balancing of interests))

(2018/C 301/44)

Language of the case: English

Parties

Applicants: Arysta LifeScience Netherlands BV (Amsterdam, Netherlands) (represented by C. Mereu and M. Grunchard, lawyers)

Defendant: European Commission (represented by: A. Lewis, I. Naglis and G. Koleva, acting as Agents)

Re:

Application based on Articles 278 and 279 TFEU, seeking suspension of the operation of Commission Implementing Regulation (EU) 2017/855 of 18 May 2017 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance diflubenzuron (OJ 2017 L 128, p. 10)

Operative part of the order

1. The application for interim measures is dismissed.
Case T-65/17: Order of the General Court of 17 April 2018 — Westbrae Natural v EUIPO — Kaufland Warenhandel (COCONUT DREAM) (European Union trade mark — Opposition proceedings — Application for EU word mark COCONUT DREAM — Withdrawal of the opposition — Action which has become devoid of purpose — No need to adjudicate)

Order of the General Court of 17 April 2018 — Westbrae Natural v EUIPO — Kaufland Warenhandel (COCONUT DREAM)

(Case T-65/17) ( 1 )

‛(European Union trade mark — Opposition proceedings — Application for EU word mark COCONUT DREAM — Withdrawal of the opposition — Action which has become devoid of purpose — No need to adjudicate)’

Parties

Applicant: Westbrae Natural, Inc. (New York, New York, United States) (represented by: D. McFarland, Barrister)

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

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

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 2 November 2016 (Case R 182/2016-2), relating to opposition proceedings between Kaufland Warenhandel and Westbrae Natural.

Operative part of the order

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

2. Westbrae Natural, Inc. shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO).

( 1 ) OJ C 86, 20.3.2017.
Order of the General Court of 18 September 2018 — Dreute v Parliament

(Case T-732/17) (1)

(Civil service - Officials - Secondment in the interests of the service - Transfer - No longer further interest in bringing proceedings - No need to adjudicate in part - Action in part manifestly inadmissible and in part manifestly unfounded in law)

(2018/C 427/100)

Language of the case: French

Parties

Applicant: Olivier Dreute (Brussels, Belgium) (represented by: L. Levi and A. Blot, lawyers)

Defendant: European Parliament (represented by: L. Darie and R. Ignătescu, acting as Agents)

Re:

Application based on Article 270 TFEU and seeking, on the one hand, the annulment, first, of the decision of the Secretary General of the Parliament of 30 January 2017 transferring the applicant within that institution, secondly, of the decision of the President of the Parliament of 20 July 2017 rejecting the applicant’s complaint and, if necessary, the decision of the Secretary General of the Parliament of 12 July 2017 seconding the applicant, in the interest of the service, to the European Commission and, on the other hand, damages in respect of the harm which the applicant claims to have suffered.

Operative part of the order

1. The action is dismissed as manifestly inadmissible in so far as it seeks the annulment of the decision of the Secretary General of the European Parliament of 12 July 2017.

2. There is no further need to adjudicate on the application for annulment of the decision of the Secretary General of the Parliament of 30 January 2017 and on the decision of 20 July 2017 rejecting the complaint brought by Mr Oliver Dreute against the latter.

3. The claim for compensation is rejected as manifestly lacking any foundation in law.

4. Mr Dreute is ordered to pay the costs.

(1) OJ C 13, 15.1.2018.
Official Journal of the European Union

Order of the General Court of 12 July 2018 — TE v Commission

(Case T-392/17) (1)

((Action for annulment - Opening of an external investigation by OLAF - Measure not open to challenge - Inadmissibility))

(2018/C 328/66)

Language of the case: Czech

Parties

Applicant: TE (represented by: J. Bartončík, lawyer)

Defendant: European Commission (represented by: J. Baquero Cruz and Z. Malůšková, acting as agents)

Re:

Application pursuant to Article 263 TFEU seeking the annulment of the decision to open an external investigation, led by the European Anti-Fraud Office (OLAF), [confidential], (2) relating to the applicant as person concerned and regarding [confidential].

Operative part of the order

1. The action is dismissed as inadmissible.

2. TE shall bear its own costs as well as those incurred by the Commission.

(1) OJ C 293, 4.9.2017.

(2) Confidential data omitted.
Official Journal of the European Union

Order of the General Court of 15 November 2018 — Intercontact Budapest v CdT

(Case T-809/17) (1)

((Action for annulment - Public service contracts - Tendering procedure - Ranking of a tenderer in the cascade procedure - Period allowed for commencing proceedings - Delay - Inadmissible))

(2019/C 44/88)

Language of the case: Hungarian

Parties

Applicant: Intercontact Budapest Fordító és Pénzügyi Tanácsadó Kft. (Intercontact Budapest Kft.) (Budapest, Hungary) (represented by: É. Subasicz, lawyer)

Defendant: Translation Centre for the Bodies of the European Union (CdT) (represented by: M. Garnier and G. Bukodi, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of the decisions of the CdT of 10 July 2017 ranking the applicant, respectively, in second and third place in the classification of tenderers selected for the conclusion of multiple framework contracts as a result of public procurement procedures FL/GEN 16-01 and FL/GEN 16-02.

Operative part of the order

1. The action is dismissed.

2. Each party shall bear its own costs.

(1) OJ C 72, 26.2.2018.
Order of the General Court of 20 September 2018 — RZ v EESC and Committee of the Regions

(Case T-192/17) (1)

(Civil service - Officials - [confidential] (2) - Action for annulment and damages - No act adversely affecting an official)

(2018/C 427/88)

Language of the case: French

Parties

Applicant: RZ (represented by: M.-A. Lucas, lawyer)

Defendants: European Economic and Social Committee (represented by: M. Pascua Mateo, K. Gambino and L. Camarena Januzec, acting as Agents, and M. Troncoso Ferrer and F.-M. Hislaire, lawyers), Committee of the Regions (represented by: S. Bachotet, M. Antonini and M. Esparrago Arzadun, acting as Agents, and B. Wägenbaur, lawyer)

Re:

Application under Article 270 essentially seeking, first, annulment of the decision of 11 May 2016 by which the Secretary General of the Committee of the Regions [confidential], a joint service between the Committee of the Regions and the European Economic Social Committee (EESC), [confidential] and second, compensation for the harm the applicant allegedly suffered as a result of those decisions.

Operative part of the order

1. The action is dismissed.

2. RZ is ordered to pay the costs.

(1) OJ C 178, 6.6.2017.

(2) Confidential information redacted.
Official Journal of the European Union

Order of the General Court of 7 December 2018 — Kibelisa v Council

(Case T-139/17) (1)

(2019/C 54/49)

Language of the case: French

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

(1) OJ C 129, 24.4.2017.
Official Journal of the European Union

Order of the General Court of 25 October 2018 — UI v Council

(Case T-282/17) (1)

((Civil service - Official - Action for failure to act - No decision following the report on the probationary period - Article 34 of the Staff Regulations - Decision to dismiss - No need to adjudicate))

(2019/C 44/76)

Language of the case: English

Parties

Applicant: UI (represented by: J. Diaz Cordova, lawyer)

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

Re:

Application on the basis of Article 270 TFEU and seeking a declaration that the Council unlawfully failed to adopt, within the period prescribed under the Staff Regulations, a decision regarding the establishment of the applicant as an official.

Operative part of the order

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

2. The parties shall bear their own costs.

(1) OJ C 277, 21.8.2017.
Official Journal of the European Union

Order of the General Court of 21 June 2019 — Ardigo and UO v Commission

(Case T-615/17) (1)

(2019/C 295/114)

Language of the case: French

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

(1) OJ C 382, 13.11.2017.
Official Journal of the European Union

Order of the General Court of 31 January 2019 — PO v EEAS

(Case T-479/17) (1)

(2019/C 103/76)

Language of the case: French

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

(1) OJ C 347, 16.10.2017.
Official Journal of the European Union

Order of the General Court of 28 November 2022 — FLA Europe v Commission

(Case T-347/17) (1)

(2023/C 45/45)

Language of the case: Dutch

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

(1) OJ C 249, 31.7.2017.
Order of the General Court of 24 September 2019 –Opere Pie d’Onigo v Commission

(Case T-491/17) (1)

(Action for annulment - State aid - Aid scheme established by Italy for certain providers of socio-sanitary services - Costs associated with staff absences in respect of maternity and care provided to dependent family members - Contributions paid by the State to private undertakings - Decision not to raise any objections - No placement in an unfavourable competitive position - Lack of direct concern - Inadmissibility)

(2019/C 423/63)

Language of the case: Italian

Parties

Applicant: Istituzione pubblica di assistenza e beneficenza ‘Opere Pie d’Onigo’ (Pederobba, Italy) (represented by: G. Maso, lawyer)

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

Re:

Action under Article 263 TFEU seeking annulment of the Commission’s decision of 27 March 2017 not to raise objections to the aid scheme established by Italy for certain private providers of socio-sanitary services (State aid SA.38825 (2016/NN)) (OJ 2017 C 219, p. 1).

Operative part of the order

1. The action is dismissed as inadmissible.

2. There is no longer any need to rule on the applications for leave to intervene submitted by Ipab di Vicenza, Ipab Casa Gino e Pierina Marani, Ipab Centro Residenziale per Anziani di Cittadella, Azienda Pubblica dei Servizi alla Persona ‘Grimani Buttari — residenze per Anziani in Osimo’ and the Italian Republic.

3. Istituzione pubblica di assistenza e beneficenza ‘Opere Pie d’Onigo’ shall pay the costs.

4. Ipab di Vicenza, Ipab Casa Gino e Pierina Marani, Ipab Centro Residenziale per Anziani di Cittadella, Azienda Pubblica dei Servizi alla Persona ‘Grimani Buttari — residenze per Anziani in Osimo’ and the Italian Republic shall each to bear their own costs relating to the applications for leave to intervene.

(1) OJ C 330, 2.10.2017.
Order of the President of the General Court of 4 July 2018 — SFIE-PE v Parliament

(Case T-401/18 R)

((Interim measures - Law governing the institutions - Strike action by interpreters - Measures for the requisition of interpreters adopted by the European Parliament - Application for suspension of operation - Application for interim measures - Partial inadmissibility - Weighing up of interests))

(2018/C 392/38)

Language of the case: French

Parties

Applicant: Syndicat des fonctionnaires internationaux et européens — Section du Parlement européen (SFIE-PE) (Brussels, Belgium) (represented by: L. Levi, lawyer)

Defendant: European Parliament

Re:

Application based on Articles 278 TFEU and 279 TFEU seeking, first, suspension of the operation of the decisions of the European Parliament of 2 and 3 July 2018 concerning the requisition of interpreters and future decisions concerning the requisition of interpreters for 5, 10 and 11 July 2018 and, second, an order requiring the Parliament to limit requisitions of interpreters in future.

Operative part of the order

1. The application for interim measures is dismissed.
Official Journal of the European Union

Order of the General Court of 4 July 2018 — Planet v Commission

(Case T-29/18) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Documents relating to the contract ‘Technical Assistance to Ecowas for the implementation of the 10th EDF Transport Facilitation Project II (TFP II)’ - Implied refusal of access - Express decision adopted after the action had been brought - Withdrawal of the contested act - Action which has become devoid of purpose - No need to adjudicate))

(2018/C 301/49)

Language of the case: Greek

Parties

Applicant: Planet AE Parochis Symvouleftikon Ypiresion (Athens, Greece) (represented by: V. Christianos, lawyer)

Defendant: European Commission (represented by: C. Ehrbar and M. Konstantinidis, acting as Agents)

Re:

Action under Article 263 TFEU for annulment of an implied decision of the Commission rejecting the applicant’s confirmatory application of 6 November 2017 requesting access to certain documents relating to the contract ‘Technical Assistance to Ecowas for the implementation of the 10th EDF Transport Facilitation Project II (TFP II)’.

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 112, 26.3.2018.
Official Journal of the European Union

Order of the President of the General Court of 25 October 2018 — Laboratoire Pareva v Commission

(Case T-347/18 R II)

((Interim relief - Regulation (EU) No 528/2012 - Biocidal products - Active substance PHMB (1415; 4.7) - Approval refused - Application for interim measures - New application - No new facts - Inadmissibility))

(2019/C 44/95)

Language of the case: English

Parties

Applicant: Laboratoire Pareva (St. Martin de Crau, France) (represented by: K. Van Maldegem and S. Engelbert, lawyers)

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

Re:

Application pursuant to Articles 278 TFEU and 279 TFEU seeking, first, suspension of operation of Commission Implementing Regulation (EU) 2018/613 of 20 April 2018 approving PHMB (1415; 4.7) as an existing active substance for use in biocidal products of product-types 2 and 4 (OJ 2018 L 102, p. 1), and, secondly, the adoption of any other appropriate interim measure.

Operative part of the order

1. The application for interim measures is dismissed.
Order of the General Court of 3 October 2018 — Pracsis and Conceptexpo Project v Commission and EACEA

(Case T-33/18) (1)

((Action for annulment and for damages - Public service contracts - Administrative appeal before the Commission - Purely confirmatory act - Deadline for bringing an appeal - Act not open to challenge - Inadmissibility))

(2018/C 436/73)

Language of the case: French

Parties

Applicants: Pracsis SPRL (Brussels, Belgium) and Conceptexpo Project (Wavre, Belgium) (represented by: J.-N. Louis, lawyer)

Defendants: European Commission (represented by: D. Martin, A Katsimerou and I. Rubene, acting as Agents), Education, Audiovisual and Culture Executive Agency (EACEA) (initially represented by: H. Monet and A. Kisylyczko, then by: H. Monet and N. Durand, acting as Agents)

Re:

First, application based on Article 263 TFEU seeking annulment of the Commission’s decision of 13 November 2017 dismissing the administrative appeal brought against the decisions of EACEA of 17 July and 11 August 2017 and, ‘in so far as is necessary’, the annulment of those decisions of EACEA and its ‘decision’ to sign a contract with the tenderer ranked in first position, inasmuch as those decisions rank the tender of the applicants’ consortium in second position according to the cascade mechanism in the call for tenders EACEA/2017/01, regarding event organisation services and promotional campaigns in the audiovisual field and, second, application based on Article 268 TFEU seeking compensation for the damage which the applicants allegedly suffered due to those decisions.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Pracsis SPRL and Conceptexpo Project are ordered to bear their own costs and those incurred by the European Commission and by the Education, Audiovisual and Culture Executive Agency (EACEA).

(1) OJ C 112, 26.3.2018.