ddrg/super_eurlex huggingface dataset:
Judgment of the General Court of 11 July 2019 — Klyuyev v Council

(Case T-305/18) (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 - Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection)

(2019/C 295/36)

Language of the case: English

Parties

Applicant: Andriy Klyuyev (Donetsk, Ukraine) (represented by: B. Kennelly QC, J. Pobjoy, Barrister, R. Gherson and T. Garner, Solicitors)

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

Re:

Application under Article 263 TFEU seeking the annulment of Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 48) and of Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 5), 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) 2018/333 of 5 March 2018 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) 2018/326 of 5 March 2018 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 Mr Andriy Klyuyev’s name was maintained on the list of persons, entities and bodies subject to those restrictive measures;

2. Orders the Council of the European Union to bear its own costs and to pay those incurred by Mr Klyuyev, including those relating to the proceedings for interim measures.

(1) OJ C 240, 9.7.2018.
Official Journal of the European Union

Judgment of the General Court of 13 June 2019 — Synergy Hellas v Commission

(Case T-244/18) (1)

(Research and technological development - Financial regulation - Sixth framework programme for research, technological development and demonstration activities (2002-2006) - J-Web grant agreement - Enforceable decision ordering recovery - Proportionality - Obligation to state reasons)

(2019/C 280/55)

Language of the case: Greek

Parties

Applicant: d.d. Synergy Hellas Anonymi Emporiki Etaireia Parochis Ypiresion Pliroforikis (Athens, Greece) (represented by: K. Damis, lawyer)

Defendant: European Commission (represented by: A Katsimerou and A. Kyratsou, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2018) 1115 final of 19 February 2018 on the recovery of the sum of EUR 76 282,08, together with interest, from the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders d.d. Synergy Hellas Anonymi Emporiki Etaireia Parochis Ypiresion Pliroforikis to pay the costs, including those related to the interlocutory proceedings.

(1) OJ C 231, 2.7.2018.
Official Journal of the European Union

Judgment of the General Court of 11 July 2019 — Gollnisch v Parliament

(Case T-95/18) (1)

(Rules governing the payment of expenses and allowances to Members of the European Parliament - Parliamentary assistance allowance - Recovery of sums unduly paid - Complaint - Action for annulment - Admissibility - Rights of the defence - Obligation to state reasons - Error of fact)

(2019/C 328/51)

Language of the case: French

Parties

Applicant: Bruno Gollnisch (Villiers-le-Mahieu, France) (represented by B. Bonnefoy-Claudet, lawyer)

Defendant: European Parliament (represented by S. Seyr and M. Ecker, acting as Agents)

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

Re:

Application under Article 263 TFEU seeking annulment of the decision of the Secretary-General of the Parliament of 1 July 2016 concerning the recovery of a sum of EUR 275 984.23 unduly paid as parliamentary assistance allowance, the debit note of 5 July 2016 relating thereto, and the decision of the Bureau of the European Parliament of 23 October 2017 confirming the decision of the Quaestors of 14 March 2017 rejecting the complaint directed against the decision of 1 July 2016.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Bruno Gollnisch to bear his own costs and pay those incurred by the European Parliament;

3. Orders the Council of the European Union to bear its own costs.

(1) OJ C 142, 23.4.2018.
Official Journal of the European Union

Judgment of the General Court of 20 June 2019 — Nonnemacher v EUIPO — Ingram (WKU WORLD KICKBOXING AND KARATE UNION)

(Case T-390/18) (1)

(EU trade mark - Invalidity proceedings - EU figurative mark WKU WORLD KICKBOXING AND KARATE UNION - Earlier EU word marks WKA - Ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001 - No limitation in consequence of acquiescence - Article 61(1) of Regulation 2017/1001)

(2019/C 305/62)

Language of the case: German

Parties

Applicant: Klaus Nonnemacher (Karlsruhe, Germany) (represented by: C. Zierhut, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Paul Ingram (Birmingham, United Kingdom) (represented by: A. Haberl, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 17 April 2018 (Case R 409/2017-1), relating to invalidity proceedings between Ingram and Nonnemacher.

Operative part of the judgment

1. The action is dismissed.

2. Klaus Nonnemacher is ordered to pay the costs.

(1) OJ C 285, 13.8.2018.
Official Journal of the European Union

Judgment of the General Court of 17 September 2019 — Rose Gesellschaft v EUIPO — Iviton (TON JONES)

(Case T-633/18) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark TON JONES - Earlier national and international figurative marks Jones - Proof of genuine use of the earlier marks - Article 47(2) and (3) of Regulation (EU) 2017/1001 - Article 18(1) of Regulation 2017/1001 - Article 10 of Delegated Regulation (EU) 2018/625)

(2019/C 399/66)

Language of the case: German

Parties

Applicant: Rose Gesellschaft mbH (Vienna, Austria) (represented by: R. Kornfeld, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Iviton s. r. o. (Prešov, Slovakia)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 12 July 2018 (Case R 2136/2017-2), relating to opposition proceedings between Magda Rose GmbH & Co. KG and Iviton.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Rose Gesellschaft mbH to pay the costs.

(1) OJ C 455, 17.12.2018.
Official Journal of the European Union

Judgment of the General Court of 9 September 2019 — SLL Service v EUIPO — Elfa International (LUMIN8)

(Case T-680/18) (1)

(EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative mark LUMIN8 - Earlier EU word mark LUMI - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2019/C 357/38)

Language of the case: English

Parties

Applicant: SLL Service GmbH (Cologne, Germany) (represented by: C. Schmitt, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A Lukošiūtė and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Elfa International AB (Västervik, Sweden)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 28 August 2018 (Case R 2752/2017-2), relating to opposition proceedings between Elfa International and SLL Service

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders SLL Service GmbH to pay the costs.

(1) OJ C 25, 21.1.2019.
Judgment of the General Court of 24 September 2019 — VF v ECB

(Case T-39/18) (1)

(Civil service - ECB staff - Appraisal report of the applicant - Annual salary and bonus review - Refusal to convert a fixed-term employment contract into a contract for an indefinite period - Obligation to state reasons - Manifest error of assessment - Principle of sound administration)

(2019/C 413/54)

Language of the case: English

Parties

Applicant: VF (represented by: L. Levi and A. Blot, lawyers)

Defendant: European Central Bank (represented by: F. von Lindeiner and D. Camilleri Podestà, acting as Agents, and B. Wägenbaur, lawyer)

Re:

Action under Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union essentially seeking, first, the annulment of the decision regarding the annual salary and bonus review for 2016 and the decision not to convert the applicant’s fixed-term employment contract into a contract for an indefinite period and, secondly, compensation for the damage which the applicant claims to have sustained as a result of those measures.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders VF to pay the costs.

(1) OJ C 112, 26.3.2018.
Official Journal of the European Union

Judgment of the General Court of 12 September 2019 — XI v Commission

(Case T-528/18) (1)

(Civil Service - Officials - Occupational disease - Psychological harassment - Request for assistance - Rejection of the request - Reply to the complaint containing medical data - Medical confidentiality - Request for deletion of that data - Protection of natural persons with regard to the processing of personal data - Right to privacy - Liability)

(2019/C 399/63)

Language of the case: French

Parties

Applicant: XI (represented by: N. Lhoëst, lawyer)

Defendant: European Commission (represented by: G. Berscheid, B. Mongin and R. Striani, acting as Agents)

Re:

Application based on Article 270 TFEU and seeking, first, annulment of the Commission’s decision of 25 May 2018 (Case R/56/18), rejecting the applicant’s complaint against the decision rejecting the applicant’s request for assistance, based on Article 24 of the Staff Regulations of Officials of the European Union and, secondly, compensation for the harm which the applicant allegedly suffered.

Operative part of the judgment

The Court:

1. Orders the European Commission to pay XI the sum of EUR 2 500;

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 408, 12.11.2018.
Official Journal of the European Union

Judgment of the General Court of 3 October 2019 — 6Minutes Media v EUIPO — ad pepper media International (ADPepper)

(Case T-668/18) (1)

(EU trade mark - Revocation proceedings - Word mark ADPepper - Genuine use of the trade mark - Article 18(1)(a) and Article 58(1)(a) and Article 95(2) of Regulation (EU) 2017/1001 - Form differing in elements which do not alter the distinctive character)

(2019/C 423/58)

Language of the case: German

Parties

Applicant: 6Minutes Media GmbH (Berlin, Germany) (represented by: P. Koch and T. Hilser, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: ad pepper media International NV (Nuremberg, Germany) (represented by: S. Lux, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 20 June 2018 (Case R 840/2017-1), relating to revocation proceedings between 6Minutes Media and ad pepper media International.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders 6Minutes Media GmbH to pay the costs.

(1) OJ C 25, 21.1.2019.
Official Journal of the European Union

Judgment of the General Court of 10 October 2019 — Colombani v EEAS

(Case T-372/18) (1)

(Civil service - Officials - Promotion - 2017 promotion year - Decision not to promote the applicant to Grade AD 14 - Article 43 and Article 45(1) of the Staff Regulations - Consideration of comparative merits - Taking into account staff reports for the purpose of promotion - Purely literal assessments - No method enabling staff reports to be compared for the purpose of promotion)

(2019/C 423/46)

Language of the case: French

Parties

Applicant: Jean-Marc Colombani (Brussels, Belgium) (represented by: N. de Montigny, lawyer)

Defendant: European External Action Service (represented by: S. Marquardt and R. Spac, acting as Agents, and M. Troncoso Ferrer, F.-M. Hislaire and S. Moya Izquierdo, lawyers)

Re:

Application under Article 270 TFEU for annulment of the decision of the EEAS of 9 November 2017 (ADMIN(2017) 21) not to promote the applicant to Grade AD 14 in the 2017 promotion exercise.

Operative part of the judgment

The Court:

1. Annuls the decision of the European External Action Service (EEAS) of 9 November 2017 (ADMIN(2017) 21) not to promote Mr Jean-Marc Colombani to Grade AD 14 in the 2017 promotion exercise;

2. Orders the EEAS to pay the costs.

(1) OJ C 319, 10.9.2018.
Judgment of the General Court of 17 October 2019 — Alliance Pharmaceuticals v EUIPO — AxiCorp (AXICORP ALLIANCE)

(Case T-279/18) (1)

(EU trade mark - Opposition proceedings - International registration designating the European Union - Word mark AXICORP ALLIANCE - Earlier EU word and figurative marks ALLIANCE - Relative grounds for refusal - Article 8(1)(b) and (5) of Regulation (EU) 2017/1001 - Proof of genuine use of the earlier marks - Article 47(2) of Regulation 2017/1001 - Interpretation of the description of the goods reproduced in the alphabetical list accompanying the Nice Classification)

(2019/C 432/45)

Language of the case: English

Parties

Applicant: Alliance Pharmaceuticals Ltd (Chippenham, United Kingdom) (represented by: M. Edenborough QC)

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: AxiCorp GmbH (Friedrichsdorf, Germany)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 7 February 2018 (Case R 1473/2017-5), relating to opposition proceedings between Alliance Pharmaceuticals and AxiCorp.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 7 February 2018 (Case R 1473/2017-5), relating to opposition proceedings between Alliance Pharmaceuticals Ltd and AxiCorp GmbH, in so far as the Board of Appeal dismissed the appeal brought before it as regards the grounds for opposition set out in Article 8(1)(b) and (5) of Regulation 2017/1001;

2. Dismisses the action as to the remainder;

3. Orders EUIPO to pay the costs, including the costs necessarily incurred by Alliance Pharmaceuticals for the purposes of the proceedings before the Board of Appeal of EUIPO.

(1) OJ C 231, 2.7.2018.
Official Journal of the European Union

Judgment of the General Court of 16 October 2019 — ZV v Commission

(Case T-684/18) (1)

(Civil service - Officials - Recruitment - Vacancy notice - Commission’s deputy mediator - Procedure - Assessment of the merits)

(2019/C 432/59)

Language of the case: French

Parties

Applicant: ZV (represented by: J.-N. Louis, lawyer)

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

Re:

Application based on Article 270 TFEU seeking annulment of the Commission’s decision of 8 February 2018 appointing A as the Commission’s deputy mediator and the note of 12 February 2018 by which the Commission informed the applicant of the outcome of the selection procedure.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders ZV to bear its own costs and to pay those incurred by the European Commission.

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

Judgment of the General Court of 28 November 2019 — Runnebaum Invest v EUIPO — Berg Toys Beheer (Bergsteiger)

(Case T-736/18) (1)

(EU trade mark - Opposition proceedings - Application for the EU word mark Bergsteiger - Earlier Benelux word marks and EU figurative and word marks BERG - Relative ground for refusal - Article 47(1) and (2) of Regulation (EU) 2017/1001 - Admissibility of a request for proof of genuine use - No likelihood of confusion - Article 8(1)(b) of Regulation 2017/1001)

(2020/C 27/41)

Language of the case: English

Parties

Applicant: Runnebaum Invest GmbH (Diepholz, Germany) (represented by: W. Prinz, lawyer)

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: Berg Toys Beheer BV (Ede, Netherlands) (represented by: E. van Gelderen, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 22 October 2018 (Case R 572/2018-4) relating to opposition proceedings between Berg Toys Beheer and Runnebaum Invest.

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 22 October 2018 (Case R 572/2018-4);

2. Orders EUIPO to bear its own costs and to pay the costs incurred by Runnebaum Invest GmbH;

3. Orders Berg Toys Beheer BV to bear its own costs.

(1) OJ C 65, 18.2.2019.
Official Journal of the European Union

Judgment of the General Court of 20 November 2019 — Werner v EUIPO — Merck (fLORAMED)

(Case T-695/18) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark fLORAMED - Earlier EU word mark MEDIFLOR - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2020/C 19/56)

Language of the case: German

Parties

Applicant: Stefan Werner (Baldham, Germany) (represented by: T Büttner, lawyer)

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, intervener before the General Court: Merck KGaA (Darmstadt, Germany) (represented by: U. Pfleghar, M. Best, M. Giannakoulis and S. Schäffner, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 17 September 2018 (Case R 197/2018-2), relating to opposition proceedings between Merck and Mr Werner.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Mr Stefan Werner to pay the costs.

(1) OJ C 25, 21.1.2019.
Judgment of the General Court of 19 December 2019 — Czech Republic v Commission

(Case T-509/18) (1)

(EAGF and EAFRD - Expenditure excluded from financing - Applicable time periods between multiple visits by the national control authorities - Announcement of on-the-spot checks - Implied notice - Articles 25 and 26 of Implementing Regulation (EU) No 809/2014 - Flat rate financial correction)

(2020/C 61/33)

Language of the case: Czech

Parties

Applicant: Czech Republic (represented by: M. Smolek, J. Pavliš, O. Serdula and J. Vláčil, acting as Agents)

Defendant: European Commission (represented by: A. Lewis, A. Sauka and K. Walkerová, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of Commission Implementing Decision (EU) 2018/873 of 13 June 2018 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2018 L 152, p. 29) in so far as it excludes expenditure of a total of EUR 151 116,65 incurred by the Czech Republic under the EAFRD.

Operative part of the judgment

The Court:

1. Annuls Commission Implementing Decision (EU) 2018/873 of 13 June 2018 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) in so far as the European Commission excluded under that decision expenditure of a total of EUR 151 116,65 incurred by the Czech Republic under the EAFRD;

2. Orders the Commission to pay the costs.

(1) OJ C 399, 5.11.2018.
Official Journal of the European Union

Judgment of the General Court of 19 December 2019 — Greece v Commission

(Case T-295/18) (1)

(EAGF and EAFRD - Expenditure excluded from financing - Expenditure incurred by Greece - Rural development - Decoupled direct aid - Key controls - Flat-rate financial corrections)

(2020/C 54/53)

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented by: G. Kanellopoulos, I. Pachi, A. Vasilopoulou and E. Chroni, acting as Agents)

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

Re:

Application under Article 263 TFEU seeking the partial annulment of Commission Implementing Decision (EU) 2018/304 of 27 February 2018 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2018 L 59, p. 3).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 249, 16.7.2018.
Judgment of the General Court of 12 February 2020 — Mutondo v Council

(Case T-174/18) (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 103/35)

Language of the case: French

Parties

Applicant: Kalev Mutondo (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, S. Lejeune and H. Marcos Fraile, 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 Kalev Mutondo to pay the costs.

(1) OJ C 161, 7.5.2018.