ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 22/26

Judgment of the General Court of 1 December 2016 — Z v Court of Justice of the European Union

(Case T-532/15 P) (1)

((Appeal - Civil service - Officials - Staff report - Impartiality of the Civil Service Tribunal - Application for recusal of the members of the formation of the Tribunal which delivered judgment - Rights of defence - Right to effective judicial protection))

(2017/C 022/33)

Language of the case: French

Parties

Appellant: Z (Luxembourg, Luxembourg) (represented by: F. Rollinger, lawyer)

Other party to the proceedings: Court of Justice of the European Union (represented initially by A. Placco, and subsequently by J. Inghelram and Á. Almendros Manzano, acting as Agents)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 30 June 2015, Z v Court of Justice (F-64/13, EU:F:2015:72), seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Ms Z to pay the costs.

(1) OJ C 16, 18.1.2016.
EN Official Journal of the European Union C 70/18

Judgment of the General Court of 23 January 2017 — Justice & Environment v Commission

(Case T-727/15) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Documents relating to an infringement procedure opened by the Commission against the Czech Republic - Refusal of access - Exception concerning the protection of inspections, investigations and audits - General presumption - Overriding public interest - Aarhus Convention - European Convention for the Protection of Human Rights and Fundamental Freedoms))

(2017/C 070/25)

Language of the case: English

Parties

Applicant: Association Justice & Environment, z.s. (Brno, Czech Republic) (represented by: S. Podskalská, lawyer)

Defendant: European Commission (represented by: L. Pignataro-Nolin, F. Clotuche-Duvieusart and M. Konstantinidis, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking the annulment of the initial Commission decision of 19 August 2015 and the confirmatory Commission decision of 15 October 2015 refusing to grant the applicant access to certain documents contained in the file of the infringement procedure 2008/2186 against the Czech Republic and regarding the application of Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (OJ 2008 L 152, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Association Justice & Environment, z.s., to pay the costs.

(1) OJ C 59, 15.2.2016.
EN Official Journal of the European Union C 38/30

Judgment of the General Court of 15 December 2016 — Keil v EUIPO — NaturaFit Diätetische Lebensmittelproduktion (BasenCitrate)

(Case T-330/15) (1)

((EU trade mark - Invalidity proceedings - EU word mark BasenCitrate - Absolute ground for refusal - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))

(2017/C 038/40)

Language of the case: German

Parties

Applicant: Rudolf Keil (Grevenbroich, Germany) (represented by: J. Sachs, lawyer)

Defendant: European Union Intellectual Property Office (represented by: S. Hanne, D. Walicka and A. Schifko, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: NaturaFit Diätetische Lebensmittelproduktions GmbH (Röttenbach, Germany) (represented by N. Reber, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 15 April 2015 (Case R 1541/2014-1), relating to invalidity proceedings between NaturaFit Diätetische Lebensmittelproduktions GmbH and Mr Keil.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Rudolf Keil to pay the costs.

(1) OJ C 279, 24.8.2015.
EN Official Journal of the European Union C 104/47

Judgment of the General Court of 16 February 2017 — Gruppe Nymphenburg Consult v EUIPO (Limbic® Sales)

(Case T-517/15) (1)

((EU trade mark - Application for the EU word mark Limbic® Sales - Lack of distinctive character - Absolute ground for refusal - Article 7(1)(c) of Regulation (EC) No 207/2009))

(2017/C 104/66)

Language of the case: German

Parties

Applicant: Gruppe Nymphenburg Consult AG (Munich, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 23 June 2015 (Case R 1972/2014-1), concerning an application for registration of the word sign Limbic® Sales 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 23 June 2015 (Case R 1972/2014-1);

2. Orders that EUIPO shall bear its own costs as well as those incurred by Gruppe Nymphenburg Consult AG.

(1) OJ C 354, 26.10.2015.
EN Official Journal of the European Union C 78/23

Judgment of the General Court of 2 February 2017 — European Dynamics Luxembourg, Evropaïki Dynamiki v Commission

(Case T-74/15) (1)

((Public service contracts - Tender procedure - Services for development, study and support for information systems (ESP DESIS III) - Requests for supply of services issued as part of the same lot - Reopening to competition mechanism - Rejection of the tenderers’ tenders - Award criteria - Obligation to state reasons - Abnormally low offer - Non-contractual liability))

(2017/C 078/30)

Language of the case: English

Parties

Applicants: European Dynamics Luxembourg SA (Luxembourg, Luxembourg), Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented initially by I. Ampazis and M. Sfyri, and subsequently by M. Sfyri, C.-N. Dede and D. Papadopoulou, lawyers)

Defendant: European Commission (represented initially by L. Cappelletti and F. Moro, acting as Agents, and by P. Wytinck and B. Hoorelbeke, lawyers, and then by F. Moro, acting as Agent, and by P. Wytinck and B. Hoorelbeke, lawyers, and finally by F. Moro and S. Delaude, acting as Agents, and by P. Wytinck and B. Hoorelbeke, lawyers)

Re:

Application, first, pursuant to Article 263 TFEU seeking annulment of the Commission decisions, contained in the letters of 8 and 12 December 2014, rejecting the tenders submitted by the applicants for Request for Quotation No DESIS III 000455-6000494078-REQ-01 relating to the development of the interactive profiling tool prototype and for Request for Quotation No DESIS III 000485-6000494078-REQ-01 relating to the development of the EuroGroups Register interactive module in the context of Lot 4 of Call for Tenders DIGIT/R2/PO/2013/029 (OJ 2013 S 219-380314) and, second, application pursuant to Article 268 TFEU seeking damages for the harm allegedly caused to the applicants due to the loss of opportunity to perform the second contract at issue.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Commission, contained in the letter of 8 December 2014, rejecting the tender submitted by European Dynamics Luxembourg SA and Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE for the Request for Quotation with reference DESIS III-000455-6000494078-REQ-01, development of an interactive module, in the context of Lot No 4 of the Call for Tenders DIGIT/R2/PO/2013/029;

2. Dismisses the action as to the remainder;

3. Orders each of the parties to bear its own costs.

(1) OJ C 171, 26.5.2015.
EN Official Journal of the European Union C 144/37

Judgment of the General Court of 22 March 2017 — Windrush Aka v EUIPO — Dammers (The Specials)

(Case T-336/15) (1)

((EU trade mark - Revocation proceedings - EU word mark The Specials - Genuine use - Article 51(1)(a) of Regulation (EC) No 207/2009 - Consent of the proprietor of the trade mark - Article 15(2) of Regulation No 207/2009))

(2017/C 144/48)

Language of the case: English

Parties

Applicant: Windrush Aka LLP (London, United Kingdom) (represented by: S. Malynicz QC and S. Britton, Solicitor)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Jerry Dammers (London, United Kingdom) (represented by: C. Fehler, Solicitor, H. Cuddigan and B. Brandreth, Barristers).

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 18 March 2015 (Case R 1412/2014-1), relating to revocation proceedings between Windrush Aka and Mr Dammers.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Windrush Aka LLP to pay the costs.

(1) OJ C 294, 7.9.2015.
EN Official Journal of the European Union C 121/28

Judgment of the General Court of 28 February 2017 — Labeyrie v EUIPO — Delpeyrat (Representation of a sowing of light coloured fish on a dark background)

(Case T-767/15) (1)

((EU trade mark - Revocation proceedings - EU figurative mark representing a sowing of light coloured fish on a dark background - Declaration of revocation - Genuine use of the mark - Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009 - Form that differs in elements does not alter the distinctive character))

(2017/C 121/41)

Language of the case: French

Parties

Applicant: Labeyrie (Saint-Geours-de-Maremne, France) (represented by: A. Lecomte, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Delpeyrat (Saint-Pierre-du-Mont, France) (represented by: J. Ennochi, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 15 October 2015 (Case R 2694/2014-1), relating to revocation proceedings between Depeyrat and Labeyrie.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Labeyrie to bear its own costs as well as those incurred by EUIPO;

3. Orders Delpeyrat to bear its own costs.

(1) OJ C 78, 29.2.2016.
EN Official Journal of the European Union C 195/19

Judgment of the General Court of 27 April 2017 — Germanwings v Commission

(Case T-375/15) (1)

((State aid - Aid for an airline using Zweibrücken airport - Benefit - Whether imputable to the State - Obligation to state reasons - Legitimate expectations - Access to documents - Documents relating to a procedure for reviewing State aid - Refusal to grant access to the documents requested - Exception relating to the protection of the purpose of inspections, investigations and audits))

(2017/C 195/25)

Language of the case: German

Parties

Applicant: Germanwings GmbH (Cologne, Germany) (represented by: A. Martin-Ehlers, lawyer)

Defendant: European Commission (represented by: A. Buchet, T. Maxian Rusche, R. Sauer and K. Herrman, then by A. Buchet, T. Rusche, K. Herrman and S. Noë, acting as Agents)

Re:

Application based on Article 263 TFEU and seeking, first, partial annulment of Commission Decision (EU) 2016/152 of 1 October 2014 on State aid SA 27339 (12/C) (ex 11/NN) implemented by Germany for Zweibrücken airport and airlines using the airport (OJ 2016 L 34, p. 68), and, second, annulment of Commission Decision GESTDEM 2015/1288 of 11 May 2015 refusing partial access to the administrative file in respect of State Aid procedure SA.27339.

Operative part of the judgment

The Court:

1. Annuls Article 1(2), in so far as it concerns the first agreement concluded between Flughafen Zweibrücken GmbH and Germanwings GmbH, and Article 3(4)(e) of Commission Decision (EU) 2016/152 of 1 October 2014 on State aid SA 27339 (12/C) (ex 11/NN) implemented by Germany for Zweibrücken airport and airlines using the airport (OJ 2016 L 34, p. 68);

2. Dismisses the action as to the remainder;

3. Orders the European Commission to bear its own costs and to pay three quarters of those incurred by Germanwings;

4. Orders Germanwings to bear one quarter of its own costs.

(1) OJ C 337, 12.10.2015.
EN Official Journal of the European Union C 151/33

Judgment of the General Court of 28 March 2017 — Regent University v EUIPO — Regent’s College (REGENT UNIVERSITY)

(Case T-538/15) (1)

((EU trade mark - Invalidity proceedings - EU word mark REGENT UNIVERSITY - Earlier national figurative mark REGENT’S COLLEGE - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009))

(2017/C 151/41)

Language of the case: English

Parties

Applicant: Regent University (Virginia Beach, Virginia, United States) (represented by: E. Himsworth QC and D. Wilkinson, Solicitor)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Regent’s College (London, United Kingdom) (represented by: S. Malynicz QC)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 6 July 2015 (Case R 1859/2014-2) relating to invalidity proceedings between Regent’s College and Regent University.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the Regent University to pay the costs.

(1) OJ C 371, 9.11.2015.
EN Official Journal of the European Union C 249/24

Judgment of the General Court of 15 June 2017 — Fakro v EUIPO — Saint Gobain Cristalería (climaVera)

(Case T-457/15) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark climaVera - Earlier EU word mark CLIMAVER DECO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2017/C 249/36)

Language of the case: English

Parties

Applicant: Fakro sp. z o.o. (Nowy Sącz, Poland) (represented by: J. Radłowski, lawyer)

Defendant: European Union Intellectual Property Office (represented by: H. O’Neill, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Saint Gobain Cristalería, SL (Madrid, Spain) (represented by E. Bayo de Gispert, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 12 May 2015 (Case R 2095/2014-2) relating to opposition proceedings between Saint Gobain Cristalería and Fakro.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Fakro sp. z o.o. to pay the costs.

(1) OJ C 328, 5.10.2015.
EN Official Journal of the European Union C 213/25

Judgment of the General Court of 12 May 2017 — Costa v Parliament

(Joined Cases T-15/15 and T-197/15) (1)

((Rules governing emoluments of Members of the Parliament - Old-age pension - Suspension - Recovery - Rule against overlapping - Rules on payment of expenses and allowances to Members of the European Parliament - Reference to national legislation - Article 12(2a)(v) of the Regulation on life-annuities of Members of the Italian Chamber of Deputies - Allowance received for exercising the function of President of an Italian Port Authority - Legitimate expectations))

(2017/C 213/33)

Language of the case: Italian

Parties

Applicant: Paolo Costa (Venice, Italy) (represented by: G. Orsoni and M. Romeo, lawyers)

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

Re:

Two actions based on Article 263 TFEU seeking annulment of the decisions of the Bureau of the Parliament of 20 October 2014 and of 9 February 2015 concerning, respectively, suspension of the provisional retirement pension of the applicant and recovery of the sum of EUR 49 770,42 paid in that respect, as well as annulment of debit note 2015-239 of 23 February 2015 concerning that recovery.

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders Paolo Costa to pay the costs, including those relating to the interlocutory proceedings.

(1) OJ C 81, 9.3.2015.
EN Official Journal of the European Union C 283/33

Judgment of the General Court of 12 July 2017 — Estonia v Commission

(Case T-157/15) (1)

((EAGF and EAFRD - Expenditure excluded from financing - Expenditure incurred by Estonia - Cross compliance - Obligation to state reasons - Proportionality - Principle of sound administration - Legal certainty))

(2017/C 283/48)

Language of the case: Estonian

Parties

Applicant: Republic of Estonia (represented initially by K. Kraavi-Käerdi, subsequently by N. Grünberg, acting as Agents)

Defendant: Commission (represented by: A. Sauka and E. Randvere, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of Commission Implementing Decision (EU) 2015/103 of 16 January 2015 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 2015 L 16, p. 33) to the extent that it concerns the expenditure incurred by the Republic of Estonia amounting to EUR 691 746,53.

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 190, 8.6.2015.
EN Official Journal of the European Union C 277/33

Judgment of the General Court of 7 July 2017 — Arbuzov v Council

(Case T-221/15) (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 - Retention of the applicant’s name on the list - Principle of sound administration - Rights of defence - Duty to state reasons - Manifest error of assessment - Right to property))

(2017/C 277/48)

Language of the case: Czech

Parties

Applicant: Sergej Arbuzov (Kiev, Ukraine) (represented by: M. Machytková and V. Fišar, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix and A. Westerhof Löfflerová, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of (i) Council Decision (CFSP) 2015/364 of 5 March 2015 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2015 L 62, p. 25), (ii) Council Implementing Regulation (EU) 2015/357 of 5 March 2015 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2015 L 62, p. 1), (iii) Council Decision (CFSP) 2016/318 of 4 March 2016 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2016 L 60, p. 76) and (iv) Council Implementing Regulation (EU) 2016/311 of 4 March 2016 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2016 L 60, p. 1), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Sergej Arbuzov to bear his own costs and to pay those incurred by the Council of the European Union.

(1) OJ C 279, 24.8.2015.
EN Official Journal of the European Union C 382/37

Judgment of the General Court of 28 September 2017 — Aanbestedingskalender and Others v Commission

(Case T-138/15) (1)

((State aid - Financing measures granted by the Netherlands authorities for the creation and introduction of the TenderNed electronic procurement platform - Decision finding no State aid - Non-economic services of general interest))

(2017/C 382/44)

Language of the case: English

Parties

Applicants: Aanbestedingskalender BV (Ede, Netherlands), Negometrix BV (Amsterdam, Netherlands), CTM Solution BV (Breukelen, Netherlands), Stillpoint Applications BV (Amsterdam), Huisinga Beheer BV (Amsterdam), (represented by: C. Dekker and L. Fiorilli, lawyers)

Defendant: European Commission (represented by: P.-J. Loewenthal and K. Herrmann, acting as Agents)

Interveners in support of the defendant: Kingdom of the Netherlands (represented by M. Bulterman, B. Koopman and M. Noort, acting as Agents) and Slovak Republic, (represented by B. Ricziová, acting as Agent)

Re:

Action pursuant to Article 263 TFEU seeking the annulment of Commission Decision C(2014) 9548 final of 18 December 2014 on State aid SA.34646 (2014/NN) (ex 2012/CP) — The Netherlands E-procurement platform TenderNed.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Aanbestedingskalender BV, Negometrix BV, CTM Solution BV, Stillpoint Applications BV and Huisinga Beheer BV to pay the costs;

3. Orders the Kingdom of the Netherlands and the Republic of Slovakia to bear their own costs.

(1) OJ C 198, 15.6.2015.
EN Official Journal of the European Union C 369/8

Judgment of the General Court of 14 September 2017 — Università del Salento v Commission

(Case T-393/15) (1)

((Arbitration clause - General Programme ‘Fundamental Rights and Justice’ - Specific programme ‘Criminal Justice’ - Recovery of sums paid by the Commission under a grant agreement - Set-off of amounts owed - Partial reclassification of the action - Application for a declaration that there is no contractual claim))

(2017/C 369/10)

Language of the case: Italian

Parties

Applicant: Università del Salento (Lecce, Italy) (represented by: F. Vetrò, lawyer)

Defendant: European Commission (represented by: initially, L. Di Paolo, F. Moro, L. Cappelletti and O. Verheecke, and subsequently L. Di Paolo, F. Moro and O. Verheecke, acting as Agents)

Re:

First, application under Article 263 TFEU seeking (i) annulment of Commission Decision D/C4 — B.2 — 005817 of 4 May 2015, by which the applicant’s claim in respect of the implementation of a contract in a first project, Entice (Explaining the Nature of Technological Innovation in Chinese Enterprises), was set off against the applicant’s debt in respect of the implementation of a contract in a second project, entitled ‘Judicial Training and Research on EU crimes against environment and maritime pollution’; (ii) annulment of all other measures, preliminary to, consecutive to or, in any event, connected with that decision; and (iii) an order requiring the Commission to pay to the applicant the amounts owed to it for the implementation of the Entice project; and, secondly, application under Article 272 TFEU seeking a declaration that the debt claimed by the Commission in respect of the implementation of the second project is non-existent.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Università del Salento to pay the costs.

(1) OJ C 311, 21.9.2015.
EN Official Journal of the European Union C 5/31

Judgment of the General Court of 10 November 2017 — Jema Energy v Joint Undertaking Fusion for Energy

(Case T-668/15) (1)

((Public supply contracts - Call for tenders - Supply of the Acceleration Grid Power Supply Conversion System - Rejection of a submitted tender - Transparency - Legal certainty - Equal treatment - Proportionality))

(2018/C 005/40)

Language of the case: Spanish

Parties

Applicant: Jema Energy, SA (Lasarte-Oria, Spain) (represented by: N. Rey Rey, lawyer)

Defendant: European Joint Undertaking for ITER and the Development of Fusion Energy (represented by: R. Hanak, G. Poszler and S. Bernal Blanco, acting as Agents, and by P. Wytinck and B. Hoorelbeke, lawyers)

Re:

Application based on Article 263 TFEU and seeking, inter alia, annulment of the decision of the European Joint Undertaking for ITER and the Development of Fusion Energy of 21 September 2015, taken in the context of the tendering procedure F4E-OPE-278, rejecting the applicant’s tender for Lot No 1 concerning the Acceleration Grid Power Supply Conversion System (AGPS-CS).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Jema Energy, SA to pay the costs.

(1) OJ C 27, 25.1.2016.