ddrg/super_eurlex huggingface dataset:
Official Journal of the European Union

Judgment of the General Court of 16 June 2021 — PL v Commission

(Case T-586/19) (1)

(Civil service - Officials - Career development report - 2017 assessment exercise - Appointment of the assessor - Article 22a of the Staff Regulations - General implementing provisions for Article 43 of the Staff Regulations - Duty to have regard for the welfare of officials - Reasonable time - Principle of impartiality - Article 41 of the Charter of Fundamental Rights - Obligation to state reasons - Article 26 of the Staff Regulations - Rights of the defence)

(2021/C 310/25)

Language of the case: French

Parties

Applicant: PL (represented by: J.-N. Louis and J. Van Rossum, lawyers)

Defendant: European Commission (represented by: I. Melo Sampaio and L. Vernier, acting as Agents)

Re:

Application under Article 270 TFEU seeking annulment of the Commission’s decision of 12 October 2018 establishing the applicant’s career development report in respect of 2017.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders PL to pay the costs.

(1) OJ C 363, 28.10.2019.
Official Journal of the European Union

Judgment of the General Court of 9 June 2021 — Iniciativa ‘Derecho de la UE, derechos de las minorías y democratización de las instituciones españolas’ v Commission

(Case T-611/19) (1)

(Institutional law - European citizens’ initiative - ‘EU law, minority rights and democratisation of Spanish institutions’ - New EU framework to strengthen the rule of law - Refusal of registration - Manifest lack of powers of the Commission - No invitation to submit a proposal for a legal act of the Union - Article 4(2) and Article 2(1) of Regulation (EU) No 211/2011 - Obligation to state reasons - Article 296 TFEU)

(2021/C 297/44)

Language of the case: Spanish

Parties

Applicant: Citizens’ committee of the initiative ‘Derecho de la UE, derechos de las minorías y democratización de las instituciones españolas’ (represented by: G. Boye, I. Elbal Sánchez, E. Valcuende Sillero and I. González Martínez, lawyers)

Defendant: European Commission (represented by: I. Martínez del Peral, acting as Agent)

Intervener in support of the defendant: Kingdom of Spain (represented by: S. Centeno Huerta, acting as Agent)

Re:

Application under Article 263 TFEU seeking annulment of Commission Decision (EU) 2019/1182 of 3 July 2019 on the proposed citizens’ initiative entitled ‘EU law, minority rights and democratisation of Spanish institutions’ (OJ 2019 L 185, p. 46).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the citizens’ committee of the initiative ‘Derecho de la UE, derechos de las minorías y democratización de las instituciones españolas’ to bear its own costs and to pay those incurred by the European Commission;

3. Orders the Kingdom of Spain to bear its own costs.

(1) OJ C 363, 28.10.2019.
Official Journal of the European Union

Judgment of the General Court of 14 July 2021 — Victoria’s Secret Stores Brand Management v EUIPO — Yiwu Dearbody Cosmetics (BODYSECRETS)

(Case T-810/19) (1)

(EU trade mark - Invalidity proceedings - EU figurative mark BODYSECRETS - Absolute grounds for refusal - No distinctive character - Descriptive character - Customary nature - Article 7(1)(b), (c) and (d), and Article 52(1)(a) of Regulation (EC) No 207/2009 (now Article 7(1)(b), (c) and (d), and Article 59(1)(a) of Regulation 2017/1001))

(2021/C 357/33)

Language of the case: English

Parties

Applicant: Victoria’s Secret Stores Brand Management, Inc. (Reynoldsburg, Ohio, United States) (represented by: J. Dickerson, Solicitor)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Yiwu Dearbody Cosmetics Co. Ltd (Yiwu City, China)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 5 September 2019 (Case R 2422/2018-5) relating to invalidity proceedings between Victoria’s Secret Stores Brand Management and Yiwu Dearbody Cosmetics.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Victoria’s Secret Stores Brand Management, Inc. to pay the costs.

(1) OJ C 45, 10.2.2020.
Judgment of the General Court of 30 June 2021 — Italy v Commission

(Case T-265/19) (1)

(EAGF and EAFRD - Expenditure excluded from financing - Expenditure incurred by Italy - Clearance of the accounts - Conformity clearance - Financial corrections - Regulation (EU) No 1306/2013 - Risk of financial loss - Regulation (EC) No 1290/2005 - Regulation (EC) No 885/2006 - Primary administrative or judicial finding - Existence of an irregularity)

(2021/C 329/22)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Palmieri, Agent, and R. Giuzzi, A. Giordano and L. Vignato, avvocati dello Stato)

Defendant: European Commission (represented by: D. Bianchi, J. Aquilina and F. Moro, Agents)

Re:

Application under Article 263 TFEU for the partial annulment of Commission Implementing Decision (EU) 2015/103 of 12 February 2019 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 2019 L 44, p. 14), in so far as it relates to certain expenditure incurred by the Italian Republic.

Operative part of the judgment

The Court:

1. Annuls Commission Implementing Decision (EU) 2015/103 of 12 February 2019 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 excludes from EU financing expenditure incurred by the Italian Republic, amounting to EUR 305 122,74;

2. Dismisses the action for the remainder;

3. Orders the Italian Republic and the European Commission each to bear their own costs.

(1) OJ C 206, 17.6.2019.
Judgment of the General Court of 8 September 2021 — Spain v Commission

(Case T-554/19) (1)

(Rules on languages - Notice of open competition for the recruitment of administrators in the fields of competition law, financial law, economic and monetary union law, financial rules applicable to the EU budget, and protection of euro coins against counterfeiting - Restriction of the choice of language 2 of the competition to four languages - Regulation No 1 - Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations - Discrimination based on language - Interests of the service - Proportionality)

(2021/C 431/30)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: L. Aguilera Ruiz, acting as Agent)

Defendant: European Commission (represented by: I. Galindo Martín, T. Lilamand and D. Milanowska, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of notice of open competition EPSO/AD/374/19 for the establishment of a reserve list in the fields of competition law, financial law, economic and monetary union law, financial rules applicable to the EU budget, and protection of euro coins against counterfeiting (OJ 2019 C 191 A, p. 1).

Operative part of the judgment

The Court:

1. Annuls notice of open competition EPSO/AD/374/19 for the establishment of a reserve list in the fields of competition law, financial law, economic and monetary union law, financial rules applicable to the EU budget, and protection of euro coins against counterfeiting;

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

(1) OJ C 319, 23.9.2019.
1.

Annuls Council Decision (CFSP) 2020/719 of 28 May 2020 amending Decision 2013/255/CFSP concerning restrictive measures against Syria and Council Implementing Regulation (EU) 2020/716 of 28 May 2020 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria in so far as they concern Mr Bashar Assi;
Judgment of the General Court of 29 September 2021 — Front Polisario v Council

(Case T-279/19) (1)

(External relations - International agreements - Euro-Mediterranean Association Agreement EC-Morocco - Agreement in the form of an Exchange of Letters on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement - Decision approving the conclusion of the agreement - Action for annulment - Admissibility - Capacity to be a party to legal proceedings - Direct concern - Individual concern - Territorial scope - Jurisdiction - Interpretation of international law adopted by the Court - Principle of self-determination - Principle of the relative effect of treaties - Possibility of relying thereon - Concept of consent - Implementation - Discretion - Limits - Maintaining the effects of the contested decision)

(2021/C 490/32)

Language of the case: French

Parties

Applicant: Front populaire pour la libération de la Saguia el-Hamra et du Rio de oro (Front Polisario) (represented by: G. Devers, lawyer)

Defendant: Council of the European Union (represented by: P. Plaza García and V. Piessevaux, acting as Agents)

Interveners in support of the defendant: French Republic (represented by: A-L. Desjonquères, C. Mosser, J.-L. Carré and T. Stehelin, acting as Agents), European Commission (represented by: F. Castillo de la Torre, F. Clotuche-Duvieusart, A. Bouquet and B. Eggers, acting as Agents), Confédération marocaine de l’agriculture et du développement rural (Comader) (Rabat, Morocco) (represented by: G. Forwood, N. Colin and A. Hublet, lawyers)

Re:

Application under Article 263 TFEU for annulment of Council Decision (EU) 2019/217 of 28 January 2019 on the conclusion of the agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (OJ 2019 L 34, p. 1).

Operative part of the judgment

The Court:

1. Annuls Council Decision (EU) 2019/217 of 28 January 2019 on the conclusion of the agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part;

2. Maintains the effects of Decision 2019/217 during a period not exceeding the period set out in the first paragraph of Article 56 of the Statute of the Court of Justice of the European Union or, if an appeal is lodged within that period, until the Court of Justice delivers judgment on that appeal;

3. Orders the Council of the European Union to bear its own costs and to pay the costs incurred by the Front populaire pour la libération de la Saguia el-Hamra et du Rio de Oro (Front Polisario);

4. Orders the French Republic, the European Commission and the Confédération morocaine de l’agriculture et du développement rural (Comader) to bear their own costs.

(1) OJ C 220, 1.7.2019.
Official Journal of the European Union

Judgment of the General Court of 9 February 2022 — GEA Group v Commission

(Case T-195/19) (1)

(Competition - Agreements, decisions and concerted practices - European markets in tin stabilisers and in ESBO/esters heat stabilisers - Decision establishing an infringement of Article 81 EC - Decision amending the initial decision annulled - Decision rejecting a request for repayment of the fine - Action for annulment - Actionable measure - Interest in bringing proceedings - Admissibility - Article 266(1) TFEU)

(2022/C 148/27)

Language of the case: English

Parties

Applicant: GEA Group AG (Düsseldorf, Germany) (represented by: I. du Mont, R. van der Hout and C. Wagner, lawyers)

Defendant: European Commission (represented by: P. Rossi, V. Bottka and T. Baumé, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking the annulment of Commission Decision Ares(2019) 283284 final of 24 January 2019 dismissing the request of the applicant seeking repayment of the fine paid under Commission Decision C(2009) 8682 final of 11 November 2009 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/38.589 — Heat stabilisers).

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 206, 17.6.2019.
(i)

Application under Article 263 TFEU seeking annulment of Commission Decision C(2019) 7318 final of 15 October 2019 to reduce the amounts due under contract TACIS/2006/101-510 and to recover the amounts unduly paid and (ii) application under the second paragraph of Article 340 TFEU seeking, first, reimbursement of any amounts recovered by the Commission on the basis of that decision, together with late-payment interest, and second, symbolic compensation for the non-material harm allegedly suffered by the applicant.
Official Journal of the European Union

Judgment of the General Court of 29 June 2022 — Corneli v ECB

(Case T-501/19) (1)

(Access to documents - Decision 2004/258/EC - Decision of the BCE to place Banca Carige under temporary administration - Refusal to grant access - Exception relating to the protection of the confidentiality of information that is protected as such under EU law - General presumption of confidentiality - Concept of confidential information - Obligation to state reasons)

(2022/C 311/10)

Language of the case: Italian

Parties

Applicant: Francesca Corneli (Velletri, Italy) (represented by: F. Ferraro, lawyer)

Defendant: European Central Bank (represented by: F. von Lindeiner, A. Riso and M. Van Hoecke, acting as Agents, and by D. Sarmiento Ramírez-Escudero, lawyer)

Re:

By her action under Article 263 TFEU, the applicant seeks annulment of European Central Bank (ECB) Decision LS/LDG/19/182 of 29 May 2019 refusing to grant access to its decision of 1 January 2019 placing Banca Carige SpA under temporary administration.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Central Bank (ECB) of 29 May 2019 refusing to grant access to its decision of 1 January 2019 placing Banca Carige SpA under temporary administration;

2. Orders the ECB to pay the costs.

(1) OJ C 312, 16.9.2019.
1.

Annuls Commission Decision (EU) 2019/700 of 19 December 2018 on the State Aid SA.34914 (2013/C) implemented by the United Kingdom as regards the Gibraltar Corporate Income Tax Regime so far as it states, in Article 2, that the individual aid granted by the Government of Gibraltar on the basis of the continuation, after 31 December 2013, of the advance tax ruling granted to MJN Holdings (Gibraltar) Ltd is unlawful and incompatible with the internal market and in so far as it orders, in Article 5(1) and (2), the recovery of that aid;
Official Journal of the European Union

Judgment of the General Court of 9 November 2022 — Cambodia and CRF v Commission

(Case T-246/19) (1)

(Safeguard measures - Rice market - Imports of Indica rice originating in Cambodia and Myanmar/Burma - Regulation (EU) No 978/2012 - Concept of ‘Union producers’ - Concept of ‘like or directly competing products’ - Serious difficulties - Rights of the defence - Essential facts and considerations - Manifest errors of assessment)

(2023/C 15/45)

Language of the case: English

Parties

Applicants: Kingdom of Cambodia, Cambodia Rice Federation (CRF) (Phnom Penh, Cambodia) (represented by R. Antonini, E. Monard and B. Maniatis, lawyers)

Defendant: European Commission (represented by A. Biolan, H. Leupold and E. Schmidt, acting as Agents)

Interveners in support of the defendant: Ente Nazionale Risi (Milan, Italy) (represented by F. Di Gianni and A. Scalini, lawyers), Italian Republic (represented by G. Palmieri, acting as Agent, and by P. Gentili, avvocato dello Stato)

Re:

By their action under Article 263 TFEU, the applicants seek annulment of Commission Implementing Regulation (EU) 2019/67 of 16 January 2019 imposing safeguard measures with regard to imports of Indica rice originating in Cambodia and Myanmar/Burma (OJ 2019 L 15, p. 5), by which the European Commission reintroduced the Common Customs Tariff duties on imports of that rice for a period of three years and introduced a progressive reduction in the rate of duty applicable.

Operative part of the judgment

The Court:

1. Annuls Commission Implementing Regulation (EU) 2019/67 of 16 January 2019 imposing safeguard measures with regard to imports of Indica rice originating in Cambodia and Myanmar/Burma;

2. Orders the European Commission to bear its own costs and to pay the costs incurred by the Kingdom of Cambodia and by Cambodia Rice Federation (CRF);

3. Orders the Italian Republic and Ente Nazionale Risi to bear their own costs.

(1) OJ C 213, 24.6.2019.
Official Journal of the European Union

Judgment of the General Court of 14 September 2022 — Helsingin kaupunki v Commission

(Case T-597/19) (1)

(State aid - Coach and bus transport - Equipment loan and capital loans granted by the City of Helsinki - Decision declaring the aid incompatible with the internal market and ordering its recovery - Existing aid - Advantage - Application of the private creditor criterion in a market economy test - Public status of the debtor - Taking into account an existing aid scheme - Application of the private investor criterion in a market economy test - Economic continuity - Procedural rights of the interested parties - Article 108(2) TFEU - Obligation to state reasons - General principles of EU law)

(2022/C 432/18)

Language of the case: Finnish

Parties

Applicant: Helsingin kaupunki (Helsinki, Finland) (represented by: I. Aalto-Setälä and H. Koivuniemi, lawyers)

Defendant: European Commission (represented by: M. Huttunen and F. Tomat, acting as Agents)

Intervener in support of the applicant: Republic of Finland (represented by: J. Heliskoski and H. Leppo, acting as Agents)

Intervener in support of the defendant: Nobina Oy (Espoo, Finland), Nobina AB (Solna, Sweden) (represented by: J. Åkermarck and T. Kalliokoski, lawyers)

Re:

By its action based on Article 263 TFEU, the applicant seeks the annulment of Commission Decision (EU) 2020/1814 of 28 June 2019 on State aid SA.33846 — (2015/C) (ex 2014/NN) (ex 2011/CP) implemented by Finland for Helsingin Bussiliikenne Oy (OJ 2020 L 404, p. 10).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Helsingin kaupunki to bear its own costs and to pay those incurred by the European Commission, including those relating to the proceedings for interim measures, as well as those incurred by Nobina Oy and Nobina AB;

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

(1) OJ C 363, 28.10.2019.
Judgment of the General Court of 2 September 2020 — IR v Commission

(Case T-131/20) (1)

(Civil service - Officials - Rights and obligations of officials - Secondment in the interests of the service - Article 37, first paragraph, heading (a), first indent, of the Staff Regulations - Article 38 of the Staff Regulations - Refusal to extend a secondment - Duty to have regard for the welfare of officials - Rights of the defence)

(2020/C 378/42)

Language of the case: English

Parties

Applicant: IR (represented by: S. Pappas and A. Pappas, lawyers)

Defendant: European Commission (represented by: T. Bohr and I. Melo Sampaio, acting as Agents)

Re:

Application under Article 270 TFEU seeking annulment, first, of the decision of the Commission of 2 July 2019 rejecting the request of the European Centre for the Development of Vocational Training (Cedefop) that the applicant’s secondment within its services should be extended for an additional year and, second, of the decision of 23 January 2020 rejecting the applicant’s complaint brought against the decision of 2 July 2019.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Commission of 2 July 2019 rejecting the request of the European Centre for the Development of Vocational Training (Cedefop) that IR’s secondment within its services be extended for an additional year;

2. Orders the Commission to pay the costs.

(1) OJ C 161, 11.5.2020.
Official Journal of the European Union

Judgment of the General Court of 27 January 2021 — Eggy Food v EUIPO (EGGY FOOD)

(Case T-287/20) (1)

(EU trade mark - Application for EU figurative mark EGGY FOOD - Absolute ground for refusal - Descriptiveness - Article 7(1)(c) of Regulation (EU) 2017/1001)

(2021/C 88/40)

Language of the case: German

Parties

Applicant: Eggy Food GmbH & Co. KG (Osnabrück, Germany) (represented by: J. Eberhardt, lawyer)

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

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 9 March 2020 (Case R 1316/2019-5) concerning an application for registration of the figurative sign EGGY FOOD as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Eggy Food GmbH & Co KG to pay the costs.

(1) OJ C 222, 6.7.2020.
Official Journal of the European Union

Judgment of the General Court of 2 December 2020 — BSH Hausgeräte v EUIPO (Home Connect)

(Case T-152/20) (1)

(EU trade mark - Application for EU figurative mark Home Connect - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001 - Sufficiently direct and specific relationship with the goods covered by the trade mark application - No distinctive character - Article 7(1)(b) of Regulation 2017/1001)

(2021/C 28/73)

Language of the case: German

Parties

Applicant: BSH Hausgeräte GmbH (Munich, Germany) (represented by: S. Biagosch, lawyer)

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

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 10 January 2020 (Case R 1751/2019-5), concerning an application for registration of the figurative sign Home Connect as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders BSH Hausgeräte GmbH to pay the costs.

(1) OJ C 191, 8.6.2020.
Official Journal of the European Union

Judgment of the General Court of 24 March 2021 — Albert Darboven Holding v EUIPO (WINDSOR-CASTLE)

(Case T-93/20) (1)

(EU trade mark - Application for EU word mark WINDSOR-CASTLE - Absolute ground for refusal - Distinctiveness - Article 7(1)(b) of Regulation (EU) 2017/1001 - Laudatory character)

(2021/C 217/54)

Language of the case: German

Parties

Applicant: Albert Darboven Holding GmbH & Co. KG (Hamburg, Germany) (represented by: A. Thünken, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 19 December 2019 (Case R 2448/2018-1) relating to an application for registration of the word mark WINDSOR-CASTLE as an EU trade mark.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 19 December 2019 (Case R 2448/2018-1);

2. Orders EUIPO to pay the costs.

(1) OJ C 114, 6.4.2020.