ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 184/13

Order of the General Court of 4 May 2012 — UPS Europe and United Parcel Service Deutschland v Commission

(Case T-344/10) (1)

(State aid - Absence of a decision to close the procedure provided for by Article 88(2) EC - Action for failure to act - Locus standi - Admissibility)

2012/C 184/23

Language of the case: English

Parties

Applicants: UPS Europe NV/SA (Brussels, Belgium); and United Parcel Service Deutschland Inc. & Co. OHG (Neuss, Germany) (represented by: T. Ottervanger and E. Henny, lawyers)

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

Intervener in support of the defendant: Deutsche Post AG (represented by: J. Sedemund, T. Lübbig and M. Klasse, lawyers)

Re:

Action for failure to act, seeking a declaration that the Commission unlawfully failed to take a decision, within a reasonable period, in the procedure provided for in Article 88(2) EC, initiated on 12 September 2007, concerning the State aid granted by the German authorities to Deutsche Post AG (aid C 36/07 (ex NN 25/07)

Operative part of the order

1. The action is dismissed as inadmissible.

2. UPS Europe NV/SA and United Parcel Service Deutschland Inc. & Co. OHG shall bear their own costs and pay those incurred by the European Commission.

3. Deutsche Post AG shall bear its own costs

(1) OJ C 288, 23.10.2010.
EN Official Journal of the European Union C 89/23

Order of the General Court of 3 February 2012 — Ecologistas en Acción-CODA v Commission

(Case T-359/10) (1)

(Action for annulment - Access to documents - Regulation (EC) No 1049/2001 - Documents concerning the development plan for the Cabanyal quarter in Valenica (Spain) - Documents originating from a Member State - Refusal of access - Exception relating to protection of the purpose of inspections, investigations and audits - Exception relating to the protection of court proceedings and legal advice - Environmental information - Regulation (EC) No 1367/2006 - Action clearly without legal foundation)

2012/C 89/38

Language of the case: Spanish

Parties

Applicant: Ecologistas en Acción-CODA (Madrid, Spain) (represented by: J. Ramos Segerra, lawyer)

Defendant: European Commission (represented by: I. Martínez del Peral and P. Costa de Oliveira, agents)

Intervener in support of the defendant: Kingdom of Spain (represented initially by: M. Muño Pérez, thereafter by S. Centeno Huerta, lawyers)

Re:

Application for annulment of the Commission decision of 30 June 2010 refusing the applicant access to certain documents concerning the investigation conducted by the Spanish authorities into the file EU-PILOT 724/09/02 ENVI relating to the special plan for the protection and renovation of the Cabanyal quarter of the city of Valencia (Spain).

Operative part of the order

1. The action is dismissed.

2. Ecologistas en Acción-CODA is ordered to pay its own costs and those incurred by the European Commission.

3. The Kingdom of Spain shall bear its own costs.

(1) OJ C 288, 23.10.2010.
EN Official Journal of the European Union C 38/18

Order of the General Court of 13 December 2012 — Hairdreams v OHIM — Bartmann (MAGIC LIGHT)

(Case T-34/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark MAGIC LIGHT - Earlier national word mark MAGIC LIFE - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 38/29

Language of the case: German

Parties

Applicant: Hairdreams HaarhandelsgmbH (Graz, Austria) (represented by: G. Kresbach, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Rüdiger Bartmann (Gladbeck, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 18 November 2009 (Case R 656/2008-4), relating to opposition proceedings between Rüdiger Bartmann and Hairdreams HaarhandelsgmbH.

Operative part of the order

The Court:

1. Dismisses the action;

2. Orders Hairdreams HaarhandelsgmbH to pay the costs.

(1) OJ C 100, 17.4.2010.
EN Official Journal of the European Union C 258/21

Order of the General Court of 13 July 2012 — IVBN v Commission

(Case T-201/10) (1)

(Action for annulment - State aid - Scheme of aid granted by the Netherlands to housing corporations - Existing aid - Special project aid to housing corporations - Decision accepting the Member State’s commitments - Decision declaring new aid compatible - No individual concern - Failure to initiate the procedure under Article 108(2) TFEU - Action inadmissible in part and in part manifestly devoid of any basis in law)

2012/C 258/39

Language of the case: Dutch

Parties

Applicant: Vereniging van Institutionele Beleggers in Vastgoed, Nederland (IVBN) (Voorburg, the Netherlands) (represented by: M. Meulenbelt, lawyer)

Defendant: European Commission (represented by: H. van Vliet, S. Noë and S. Thomas, Agents, and H. Gilliams, lawyer)

Re:

Application for annulment of Commission Decision C(2009) 9963 final of 15 December 2009 relating to State aid E 2/2005 and N 642/2009 — (Netherlands — Existing and special project aid to housing corporations).

Operative part of the order

1. The action is dismissed.

2. Vereniging van Institutionele Beleggers in Vastgoed, Nederland (IVBN) is ordered to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 179, 3.7.2010.
EN Official Journal of the European Union C 329/24

Order of the General Court of 16 July 2014 — Monty Program v Commission

(Case T-292/10) (1)

2014/C 329/34

Language of the case: English

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

(1) OJ C 260, 25.9.2010.
EN Official Journal of the European Union C 260/41

Order of the General Court of 4 July 2013 — Just Music Fernsehbetriebs GmbH v OHIM — France Télécom (Jukebox)

(Case T-589/10) (1)

(Community trade mark - Opposition proceedings - Revocation of the earlier Community mark - No need to adjudicate)

2013/C 260/72

Language of the case: English

Parties

Applicant: Just Music Fernsehbetriebs GmbH (Landshut, Germany) (represented by: T. Kaus, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: France Télécom (Paris, France) (represented by: C. Bertheux Scotte, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 14 October 2010 (Case R 1408/2009-1), concerning opposition proceedings between France Télécom and Just Music Fernsehbetriebs GmbH.

Operative part

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

2. Just Music Fernsehbetriebs GmbH and France Télécom shall bear their own costs and shall each pay half of the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

(1) OJ C 72, 5.3.2011.
EN Official Journal of the European Union C 424/36

Order of the General Court of 27 September 2017 — Netherlands v Commission

(Case T-119/10) (1)

((Actions for annulment - ERDF - Reduction of financial assistance - Programme Interreg II/C ‘Rhine-Meuse flood protection’ - Non-compliance with the period prescribed for the adoption of a decision - Infringement of essential procedural requirements - Action manifestly well founded))

(2017/C 424/52)

Language of the case: Dutch

Parties

Applicant: Kingdom of the Netherlands (initially by Y. de Vries, J. Langer and C. Wissels, and subsequently by J. Langer and M. Bulterman and B. Koopman, Agents)

Defendant: European Commission (represented by: W. Roels and A. Steiblytė, Agents)

Interveners in support of the applicant: Kingdom of Belgium (represented: initially by M. Jacobs and T. Materne, and subsequently by M. Jacobs and J.-C. Halleux, Agents) and by French Republic (represented: initially by G. de Bergues and B. Messmer, and subsequently by J. Bousin and D. Colas, Agents)

Parties

Application pursuant to Article 263 TFEU seeking the annulment of Commission Decision C(2009) 10712 of 23 December 2009 on the reduction in the financial assistance granted to the Rhine-Meuse flood protection programme under Community initiative programme Interreg II/C in the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands by the European Regional Development Fund (ERDF) pursuant to Commission Decision C(97) 3742 of 18 December 1997 (ERDF No 970010008).

Operative part of the order

1. Commission Decision C(2009) 10712 of 23 December 2009 on the reduction in the financial assistance granted to the Rhine-Meuse flood protection programme under Community initiative programme Interreg II/C in the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands by the European Regional Development Fund (ERDF) pursuant to Commission Decision C(97) 3742 of 18 December 1997 (ERDF No 970010008) is annulled in so far as it concerns the Kingdom of the Netherlands.

2. The European Commission is ordered to pay its own costs and pay those incurred by the Kingdom of the Netherlands.

3. The Kingdom of Belgium and the French Republic are ordered to bear their own costs.

(1) OJ C 113, 1.5.2010.
EN Official Journal of the European Union C 178/12

Order of the General Court of 26 March 2015 — Conte and Others v Council

(Case T-121/10) (1)

((Action for annulment - Fisheries - Conservation of fisheries resources - Introduction of a Community system of control, inspection and enforcement - Concept of regulatory act - Concept of legislative act - Not individually affected))

(2015/C 178/13)

Language of the case: Italian

Parties

Applicants: Giovanni Conte (Pomezia, Italy); Casa del Pescatore Soc. coop. rl, Civitanova Marche (Italy); Guidotti Giovanni & Figli Snc (Termoli, Italy); Organizzazione di produttori della pesca di Civitanova Marche Soc. coop. rl (Civitanova Marche); Consorzio gestione mercato ittico Manfredonia Soc. coop. rl (Cogemim) (Manfredonia, Italy) (represented by: P. Cavascola, G. Micucci and V. Cannizzaro, lawyers)

Defendant: Council of the European Union (represented initially by: A. Westerhof Löfflerová and A. Lo Monaco, and subsequently by: A. Westerhof Löfflerová and S. Barbagallo, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: K. Banks and D. Bianchi, acting as Agents)

Re:

Application for annulment of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ 2009 L 343, p. 1) and more particularly, Articles 9, 10, 14(1), (2), (3), (4) and (5), 15, 17(1), 58(1), (2), (3) and (5), 59(2) and (3), 60(4) and (5), 62(1), 63(1), 64, 65, 66(1) and (3), 67(1), 68, 73(8), 92(2) and 103 of that regulation.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Giovanni Conte; Casa del Pescatore Soc. coop. rl, Civitanova Marche; Guidotti Giovanni & Figli Snc; Organizzazione di produttori della pesca di Civitanova Marche Soc. coop. rl and Consorzio gestione mercato ittico Manfredonia Soc. coop. rl (Cogemim) shall bear their own costs and pay the costs incurred by the Council of the European Union.

3. The European Commission shall bear its own costs.

(1) OJ C 134, 22.5.2010.
EN Official Journal of the European Union C 319/28

Order of the General Court of 6 September 2011 — BFA v Council

(Case T-120/11) (1)

2011/C 319/58

Language of the case: French

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

(1) OJ C 130, 30.4.2011.
EN Official Journal of the European Union C 282/23

Order of the President of the General Court of 15 July 2011 — College of staff representatives of the EIB and Others v Bömcke

(Case T-213/11 P(I)) (1)

(Appeal - Civil Service - Application to intervene before the Civil Service Tribunal - Calculation of time limit - Out of time)

2011/C 282/47

Language of the case: French

Parties

Appellants: College of staff representatives of the European Investment Bank (Luxembourg, Luxembourg); Jean-Pierre Bodson (Luxembourg); Evangelos Kourgias (Senningerberg, Luxembourg); Manuel Sutil (Nondkeil, France); Patrick Vanhoudt (Gonderange, Luxembourg); Marie-Christel Heger (Luxembourg) (represented by: J. Wilson, A. Senes and B. Entringer, lawyers)

Other party to the proceedings: Eberhard Bömcke (Athus, Belgium) (represented by: D. Lagasse, lawyer)

Re:

Appeal against the order of the President of the Second Chamber of the Civil Service Tribunal of the European Union of 17 March 2011 in Case F-95/10 INT Bömcke v EIB, not published in the ECR, seeking to have that order set aside.

Operative part of the order

1. The appeal is dismissed.

2. The College of staff representatives of the European Investment Bank, Jean-Pierre Bodson, Evangelos Kourgias, Manuel Sutil, Patrick Vanhoudt and Marie-Christel Heger are ordered to bear their own costs.

(1) OJ C 152, 21.5.2011.
Official Journal of the European Union

Order of the President of the General Court of 15 November 2011 — Xeda International v Commission

(Case T-269/11 R)

(Application for interim measures - Plant protection products - Active substance ethoxyquin - Non-inclusion of ethoxyquin in Annex I to Directive 91/414/EEC - Withdrawal of authorisations for plant protection products containing ethoxyquin - Application to suspend the operation of a measure - Lack of urgency)

(2012/C 25/102)

Language of the case: English

Parties

Applicant: Xeda International SA (Saint-Andiol, France) (represented by: C. Mereu and K. Van Maldegem, lawyers)

Defendant: European Commission (represented by: D. Bianchi, G. von Rintelen and P. Ondrůšek, acting as Agents)

Re:

Application for suspension of operation of Commission Decision 2011/143/EU of 3 March 2011 concerning the non-inclusion of ethoxyquin in Annex I to Council Directive 91/414/EEC and amending Commission Decision 2008/941/EC (OJ 2011 L 59, p. 71) and, if necessary, other interim measures.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 347/33

Order of the President of the General Court of 30 September 2011 — Gollnisch v Parliament

(Case T-347/11 R)

(Interim measures - Rejection of the request for the defence of immunity for a member of the European Parliament - Application for suspension of operation - Inadmissibility)

2011/C 347/58

Language of the case: French

Parties

Applicant: Bruno Gollnisch (Limonest, France) (represented by: G. Dubois, lawyer)

Defendant: European Parliament (represented by: R. Passos, D. Moore and K. Zejdová, Agents)

Re:

Application for suspension of operation of the decision of the European Parliament of 10 May 2011 not to defend the applicant’s immunity and privileges.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 80/19

Order of the President of the General Court of 25 January 2012 — Euris Consult v Parliament

(Case T-637/11 R)

(Application for interim measures - Public services contract - Tendering procedure - Services of translation into Maltese - Rejection of a tender - Arrangements for communication - Application for suspension of operation of a measure - Loss of opportunity - Lack of serious and irreparable damage - Lack of urgency)

2012/C 80/33

Language of the case: English

Parties

Applicant: Euris Consult Ltd (Floriana, Malta) (represented by: F. Moyse, lawyer)

Defendant: European Parliament (represented by: L. Darie and F. Poilvache, Agents)

Re:

Application for suspension of operation of the decision of the European Parliament of 18 October 2011 in the tendering procedure (MT/2011/EU) for the provision of translation services into Maltese (OJ S 56 090372) and rejecting the tender submitted by the applicant.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 39/14

Order of the General Court of 12 December 2011 — AO v Commission

(Case T-365/11 P) (1)

(Appeal - Civil service - Officials - Time-limit for appeal - Late submission - Signed original of the appeal lodged out of time - Unforeseeable circumstances - Article 43(6) of Rules of Procedure of the General Court - Appeal manifestly inadmissible)

2012/C 39/29

Language of the case: English

Parties

Appellant: AO (Brussels, Belgium) (represented by: P. Lewisch, lawyer)

Other party to the procedure: European Commission (represented by: J. Currall and J. Baquero Cruz, Agents)

Re:

Appeal against the order of the European Union Civil Service Tribunal (First Chamber) of 4 April 2011 in Case F-45/10 AO v Commission (not yet published in the ECR) seeking to have that order set aside.

Operative part of the order

1. The appeal is dismissed.

2. AO shall bear his own costs and those incurred by the European Commission.

(1) OJ C 282, 24.9.2011.
EN Official Journal of the European Union C 151/29

Order of the General Court of 27 March 2012 — European Goldfields v Commission

(Case T-261/11) (1)

(Action for annulment - State aid - Subsidy granted by the Greek authorities in favour of the mining company Ellinikos Xrysos consisting of the transfer of the Cassandra mines at a price lower than the real market value and exemption from taxes on that transaction - Decision declaring the aid unlawful and ordering its recovery, with interest - No legal interest in bringing proceedings - Inadmissibility)

2012/C 151/47

Language of the case: English

Parties

Applicant: European Goldfields Ltd (Whitehorse, Yukon (Canada)) (represented by: K. Adamantopoulos, E. Petritsi, E. Trova and P. Skouris, lawyers)

Defendant: European Commission (represented by: É. Gippini Fournier and D. Triantafyllou, acting as Agents)

Re:

APPLICATION for the annulment of Commission Decision 2011/452/EU of 23 February 2011 on the State aid C 48/08 (ex NN 61/08) implemented by Greece in favour of Ellinikos Xrysos SA (OJ 2011 L 193, p. 27).

Operative part of the order

1. The action is dismissed as being inadmissible.

2. European Goldfields Ltd shall pay the costs.

3. There is no need to adjudicate on the application for leave to intervene by Ellinikos Xrysos AE Metalleion kai Viomixanias Xrysou.

(1) OJ C 219, 23.7.2011.
EN Official Journal of the European Union C 174/23

Order of the President of the General Court of 23 April 2012 — Hassan v Council

(Case T-572/11 RII)

(Interim relief - Common foreign and security policy - Restrictive measures against Syria - Freezing of funds and economic resources - Application for interim relief - Fresh application - Absence of new facts - Inadmissibility)

2012/C 174/39

Language of the case: French

Parties

Applicant: Samir Hassan (Damas, Syria) (represented by: É. Morgan de Rivery and E. Lagathu, lawyers)

Defendant: Council of the European Union (represented by: S. Kyriakopoulou and M. Vitsentzatos, acting as Agents)

Re:

Application for interim relief, in particular an application for suspension of operation of the restrictive measures instituted by the Council against Syria, in so far as those measures affect the applicant.

Operative part of the order

1. The application for interim relief is dismissed.
EN Official Journal of the European Union C 287/31

Order of the General Court of 17 July 2012 — United States Polo Association v OHIM — Polo/Lauren (Representation of two polo players)

(Case T-517/11) (1)

(Community trade mark - Partial refusal of registration - Withdrawal of the application for registration - No need to adjudicate)

2012/C 287/58

Language of the case: English

Parties

Applicant: United States Polo Association (Lexington, Kentucky, United States) (represented by: P. Goldenbaum, I. Rohr and T. Melchert, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: The Polo/Lauren Company, LP (New York, New York, United States) (represented by: M. Granado Carpenter and M. Polo Carreño, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 17 June 2011 (Case R 1170/2010-2), concerning opposition proceedings between United States Polo Association and The Polo/Lauren Company, LP.

Operative part of the order

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

2. The applicant is ordered to bear its own costs and to pay the costs of the defendant and the intervener.

(1) OJ C 355, 3.12.2011.
EN Official Journal of the European Union C 250/14

Order of the General Court of 19 June 2012 — Hungary v Commission

(Case T-37/11) (1)

(Action for annulment - Temporary instrument intended to finance actions at the new external borders of the European Union for the purpose of the implementation of the Schengen acquis and border control (Schengen Facility) - Contribution to Hungary in respect of the period from 2004 to 2006 - Recovery of part of the amount paid - Challengeable act - Inadmissibility)

2012/C 250/26

Language of the case: Hungarian

Parties

Applicant: Hungary (represented by: Z. Fehér, K. Szíjjártó and G. Koós, Agents)

Defendant: European Commission (represented by: V. Bottka and F. Coudert, Agents)

Re:

Application for partial annulment of debit note No 3241011280 issued by the Commission on 28 October 2010 after the final report on the clearance of the accounts of the Schengen Facility concerning aid paid to Hungary during the period from 2004 to 2006 was sent to Hungary.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Hungary is ordered to pay the costs.

(1) OJ C 95, 26.3.2011.
EN Official Journal of the European Union C 26/48

Order of the General Court of 8 November 2012 — Marcuccio v Commission

(Case T-616/11 P) (1)

(Appeal - Civil service - Officials - Action at first instance dismissed as manifestly devoid of any basis in law - Harm allegedly suffered by the appellant - Reimbursement of avoidable costs - Article 94(a) of the Rules of Procedure of the Civil Service Tribunal)

2013/C 26/95

Language of the case: Italian

Parties

Appellant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Other party to the proceedings: European Commission (represented by: J. Currall and C. Berardis-Kayser, Agents, and A. Del Ferro, lawyer)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (Second Chamber) of 8 September 2011 in Case F-69/10 Marcuccio v Commission, not published in the ECR, seeking to have that order set aside.

Operative part of the order

1. The appeal is dismissed.

2. Mr Luigi Marcuccio is ordered to bear his own costs and to pay the costs incurred by the Commission in the appeal proceedings.

(1) OJ C 25, 28.1.2012.