ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 144/42

Order of the General Court of 9 March 2017 — Pure Fishing v EUIPO — Łabowicz (NANOFIL)

(Case T-323/13) (1)

((EU trade mark - Opposition proceedings - Application for the EU word mark NANOFIL - Invalidity of the earlier EU figurative mark NANO - No need to adjudicate))

(2017/C 144/57)

Language of the case: English

Parties

Applicant: Pure Fishing (Spirit Lake, Iowa, United States) (represented by: J. Dickerson, solicitor)

Defendant: European Union Intellectual Property Office (represented by: L. Rampini, Agent)

Other party to the proceedings before the Board of Appeal of EUIPO intervening before the General Court: Edward Łabowicz (Kłodzko, Poland) (represented by: M. Żygadło, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 15 April 2013 (Case R 1241/2012-2) relating to opposition proceedings between Mr Łabowicz and Pure Fishing.

Operative part of the order

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

2. The parties shall bear their own costs.

(1) OJ C 252, 31.8.2013.
EN Official Journal of the European Union C 320/51

Order of the General Court of 16 July 2015 — Hippler v Commission

(Case T-72/15) (1)

(2015/C 320/71)

Language of the case: German

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

(1) OJ C 138, 27.4.2015.
EN Official Journal of the European Union C 213/36

Order of the General Court of 6 May 2015 — Deza v ECHA

(Case T-115/15 R)

((Interim measures - REACH - Entry of the chemical substance di-(2-ethylhexyl)phthalate (DEHP) in the candidate list - Application for suspension of operation - No urgency))

(2015/C 213/61)

Language of the case: Czech

Parties

Applicant: Deza, a.s. (Valašské Meziřiči, Czech Republic) (represented by: P. Dejl, lawyer)

Defendant(s): ECHA (represented by: M. Heikkilä, W. Broere and T. Zbihlej, acting as Agents)

Re:

Application for the suspension of operation of Decision ED/108/2014 of 12 December 2014 of the Executive Director of the European Chemicals Agency updating, inter alia, the existing entry for the substance di-(2-ethylhexyl)phthalate (DEHP) in the candidate list for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (corrected version OJ 2007 L 136, p. 3), as amended.

Operative part of the order

1. The application for interim measures is rejected.
EN Official Journal of the European Union C 429/26

Order of the General Court of 16 October 2015 — Laboratorios Ern v OHIM — Dermogen Farma (ETERN JUVENTUS)

(Case T-60/15) (1)

((Community Trade Mark - Opposition proceedings - Restriction of the services applied for - no need to adjudicate))

(2015/C 429/33)

Language of the case: Spanish

Parties

Applicant: Laboratorios Ern, SA, (Barcelona, Spain) (represented by: T. González Martínez, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo and A. Folliard-Monguiral, acting as agents)

Other party to the proceedings before the Board of Appeal of OHIM: Dermogen Farma, SA (Madrid, Spain)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 November 2014 (case R 2414/2013-1) relating to opposition proceedings between Laboratorios Ern, SA and Dermogen Farma, SA.

Operative part of the order

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

2. The parties shall bear their own costs.

(1) OJ C 107, 30.3.2015.
EN Official Journal of the European Union C 381/44

Order of the President of the General Court of 21 September 2015 — Eden Green Vivai Piante di Verdesca Giuseppe and Others v Commission

(Case T-437/15 R)

((Interim measures - Agriculture - Protective measures against pests of plants - Measures to prevent the introduction into and the spread within the European Union of Xylella fastidiosa - Application for suspension of operation of a measure - Failure to comply with the procedural requirements - Inadmissibility))

(2015/C 381/53)

Language of the case: Italian

Parties

Applicants: Eden Green Vivai Piante di Verdesca Giuseppe and Others (Copertino, Italy) and the other 37 applicants whose names are set out in the annex to the order (represented by: G. Manelli, lawyer)

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

Re:

Application to suspend the operation of Commission Implementing Decision (EU) 2015/789 of 18 May 2015 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.) (OJ 2015 L 125, p. 36).

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 90/17

Order of the President of the General Court of 18 January 2016 — Biofa v Commission

(Case T-746/15 R)

((Interim measures - Plant protection product - Approval of the basic substance sodium hydrogen carbonate - Application for suspension of operation - Lack of urgency))

(2016/C 090/24)

Language of the case: German

Parties

Applicant: Biofa AG (Münsingen, Germany) (represented by: C. Stallberg and S. Knoblich, lawyers)

Defendant: European Commission (represented by: G. von Rintelen, F. Moro and P. Ondrüsek, acting as Agents)

Re:

Commission Implementing Regulation (EU) 2015/2069 of 17 November 2015 approving the basic substance sodium hydrogen carbonate in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (OJ 2015 L 301, p. 42).

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 38/61

Order of the President of the General Court of 10 December 2015 — GGP Italy v Commission

(Case T-474/15 R)

((Interim measures - Directive 2006/42/EC - Protection of the health and safety of consumers and workers against risks arising from the use of machinery - Measure taken by the Latvian authorities prohibiting a type of lawnmower - Commission Decision declaring the measure justified - Application to suspend operation - Lack of urgency))

(2016/C 038/83)

Language of the case: Italian

Parties

Applicant: Global Garden Products Italy SpA (GGP Italy) (Castelfranco Veneto, Italy) (represented by: A. Villani, L. D’Amario and M. Caccialanza, lawyers)

Defendant: European Commission (represented by: G. Braga da Cruz and L. Cappelletti, acting as Agents)

Re:

Application to suspend the operation of Commission Implementing Decision (EU) 2015/902 of 10 June 2015 on a measure taken by Latvia in accordance with Directive 2006/42/EC of the European Parliament and of the Council to prohibit the placing on the market of a lawnmower manufactured by GGP Italy SpA (OJ 2015 L 147, p. 22).

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 175/16

Order of the General Court of 16 March 2016 — Pharm-a-care Laboratories v OHIM — Pharmavite (VITAMELTS)

(Case T-713/15) (1)

((Community trade mark - Invalidity proceedings - Withdrawal of the application for a declaration of invalidity - No need to adjudicate))

(2016/C 175/18)

Language of the case: English

Parties

Applicant: Pharm-a-care Laboratories Pty. Ltd (Sydney, Australia) (represented by: I.A. De Freitas, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Pharmavite LLC (California, United States)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 10 September 2015 (Cases R 2649/2014-1) concerning invalidity proceedings between Pharmvite LLC and Pharm-a-care Laboratories Pty. Ltd.

Operative part of the order

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

2. Pharm-a-care Laboratories Pty. Ltd shall bear its own costs and shall pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

(1) OJ C 38, 1.2.2016.
EN Official Journal of the European Union C 156/45

Order of the General Court of 11 March 2016 — Eden Green Vivai Piante di Verdesca Giuseppe and Others v Commission

(Case T-437/15) (1)

((Action for annulment - Agriculture - Protective measures against pests of plants - Measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa - Regulatory act entailing implementing measures - Lack of individual concern - Inadmissibility))

(2016/C 156/61)

Language of the case: Italian

Parties

Applicants: Eden Green Vivai Piante di Verdesca Giuseppe (Copertino, Italy) and the 38 other applicants whose names are included in the Annex to the order (represented by: G. Manelli, lawyer)

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

Re:

Action for annulment of Commission Implementing Decision (EU) 2015/789 of 18 May 2015 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.) (OJ 15 L 125, p. 3), and, in particular, Articles 6 and 9 thereof, read in conjunction with Annex I to that decision.

Operative part of the order

1. The action is dismissed.

2. Eden Green Vivai Piante di Verdesca Giuseppe and the 38 other applicants whose names are included in the Annex are ordered to pay the costs, including those relating to the interlocutory proceedings.

(1) OJ C 328, 5.10.2015.
EN Official Journal of the European Union C 200/32

Order of the General Court of 7 April 2016 — Drugsrus v EMA

(Case T-717/15) (1)

(2016/C 200/46)

Language of the case: English

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

(1) OJ C 38, 1.2.2016.
EN Official Journal of the European Union C 191/46

Order of the General Court of 16 March 2016 — Bimbo v OHIM — ISMS (BIMBO BEL SIMPLY)

(Case T-571/15) (1)

(2016/C 191/66)

Language of the case: English

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

(1) OJ C 406, 7.12.2015.
EN Official Journal of the European Union C 305/53

Order of the General Court of 16 June 2016 — Swatch v EUIPO — L’atelier Wysiwyg (wysiwatch WhatYouSeeIsTheWatchYouGet)

(Case T-83/15) (1)

(2016/C 305/73)

Language of the case: English

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

(1) OJ C 127, 20.4.2015.
EN Official Journal of the European Union C 260/41

Order of the General Court of 25 May 2016 — Syndial v Commission

(Case T-581/15) (1)

((Action for annulment - Access to documents - Regulation (EC) No 1049/2001 - Documents relating to an infringement procedure against Italy - Possible non-compliance with Directives 2011/92/EU and 1999/13/EC - Reclamation of a former industrial site (Cengio-Saliceto) - Refusal of access - Action manifestly lacking any foundation in law))

(2016/C 260/51)

Language of the case: Italian

Parties

Applicant: Syndial SpA — Attività Diversificate (San Donato Milanese, Italy) (represented by: L. Acquarone and S. Grassi, lawyers)

Defendant: European Commission (represented by: J. Baquero Cruz and D. Nardi, acting as Agents)

Re:

Action based on Article 263 TFEU and seeking annulment of the Commission’s decision of 3 August 2015 refusing to grant the applicant access to the documents concerning the procedure relating to a possible failure on the part of the Italian Republic to comply with its obligations under Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ 2012 L 26, p. 1) and under Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ 1999 L 182, p. 1).

Operative part of the order

1. The action is dismissed.

2. Syndial SpA — Attività Diversificate shall bear its own costs and pay those incurred by the European Commission.

(1) OJ C 398, 30.11.2015.
EN Official Journal of the European Union C 410/33

Order of the General Court of 19 September 2016 — Indecopi v EUIPO — Synergy Group (PISCO)

(Case T-446/15) (1)

(2016/C 410/47)

Language of the case: Spanish

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

(1) OJ C 320, 28.9.2015.
EN Official Journal of the European Union C 402/45

Order of the General Court of 30 August 2016 — Fontem Holdings 4 v EUIPO (BLU ECIGS)

(Case T-511/15) (1)

((European Union trade mark - Withdrawal of the application for registration - No need to adjudicate))

(2016/C 402/53)

Language of the case: English

Parties

Applicant: Fontem Holdings 4 BV (Amsterdam, the Netherlands) (represented initially by A. Poulter, and subsequently by A. Dykes and D. Stone, Solicitors)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 29 June 2015 (Case R 2697/2014-4), concerning an application for registration.

Operative part of the order

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

2. Fontem Holdings 4 BV shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO).

(1) OJ C 363, 3.11.2015.
Order of the General Court of 12 October 2016 — Lysoform Dr. Hans Rosemann and Others v ECHA

(Case T-669/15) (1)

((Actions for annulment - Inclusion as supplier of an active substance on the list provided for in Article 95 of Regulation (EU) No 528/2012 - Lack of direct concern - Inadmissibility))

(2016/C 454/48)

Language of the case: English

Parties

Applicants: Lysoform Dr. Hans Rosemann GmbH (Berlin, Germany), Ecolab Deutschland GmbH (Monheim, Germany), Schülke & Mayr GmbH (Norderstedt, Germany) and Diversey Europe Operations BV (Amsterdam, Netherlands) (represented by: K. Van Maldegem, M. Grunchard and P. Sellar, lawyers)

Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkilä and C. Buchanan, acting as Agents, and by P. Oliver)

Re:

Action pursuant to Article 263 TFEU for annulment of the decision of ECHA of 16 July 2015 concerning the inclusion of the company BASF SE, established in Germany, as supplier of an active substance on the list referred to in Article 95(1) of Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ 2012 L 167, p. 1).

Operative part of the order

1. The action is dismissed as inadmissible.

2. There is no longer any need to adjudicate on the applications to intervene of Oxea GmbH and BASF SE.

3. Lysoform Dr. Hans Rosemann GmbH, Ecolab Deutschland GmbH, Schülke & Mayr GmbH and Diversey Europe Operations BV shall bear their own costs and pay those incurred by the European Chemicals Agency (ECHA) except for those relating to the applications for leave to intervene.

4. Lysoform Dr. Hans Rosemann, Ecolab Deutschland, Schülke & Mayr, Diversey Europe Operations, ECHA, Oxea and BASF shall each bear its own costs relating to the applications for leave to intervene.

(1) OJ C 48, 8.2.2016.
EN Official Journal of the European Union C 410/35

Order of the General Court of 14 September 2016 — Makhlouf v Council

(Case T-706/15) (1)

(2016/C 410/59)

Language of the case: French

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

(1) OJ C 38, 1.2.2016.
EN Official Journal of the European Union C 178/17

Order of the General Court of 28 March 2017 — LG Electronics v EUIPO — Cyrus Wellness Consulting (VIEWTY SMILE)

(Case T-499/15) (1)

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

(2017/C 178/22)

Language of the case: English

Parties

Applicant: LG Electronics, Inc. (Seoul, Republic of Korea) (represented by: M. Graf, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO intervening before the General Court: Cyrus Wellness Consulting GmbH (Berlin, Germany) (represented by: A. Wulff and U. Hildebrandt, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 11 June 2015 (Joined Cases R 1565/2014-2 and R 1939/2014-2), relating to opposition proceedings between Cyrus Wellness Consulting GmbH and LG Electronics, Inc.

Operative part of the order

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

2. LG Electronics, Inc., is ordered to bear its own costs and those incurred by the European Union Intellectual Property Office (EUIPO) and Cyrus Wellness Consulting GmbH.

(1) OJ C 354, 26.10.2015.
EN Official Journal of the European Union C 14/32

Order of the Court of 8 November 2016 — Apcoa Parking Holdings v EUIPO (PARKWAY)

(Joined Cases T-268/15 and T-272/15) (1)

((European Union trade mark - Applications for European Union figurative and word marks PARKWAY - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Action manifestly lacking any foundation in law))

(2017/C 014/39)

Language of the Case: German

Parties

Applicant: Apcoa Parking Holdings GmbH (Stuttgart, Germany) (represented by: A. Lohmann, lawyer)

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

Re:

Two actions brought against the decision of the Fourth Board of Appeal of EUIPO of 25 March 2015 (Cases R 2063/2014-4 and R 2062/2014-4) concerning applications for registration of the figurative and word signs PARKWAY as European Union trade marks.

Operative part of the judgment

The Court:

1) Dismisses the actions;

2) Orders Apcoa Parking Holdings GmbH to pay the costs.

(1) OJ C 245, 27.7.2015.
EN Official Journal of the European Union C 32/31

Order of the General Court of 20 November 2017 — BikeWorld v Commission

(Case T-702/15) (1)

((Action for annulment - Representation by a lawyer who is not a third party - Inadmissibility))

(2018/C 032/43)

Language of the case: German

Parties

Applicant: BikeWorld GmbH (Sankt Ingbert, Germany) (represented by: J. Jovy, lawyer)

Defendant: European Commission (represented by: L. Flynn, B. Stromsky and T. Maxian Rusche, Agents)

Re:

Application under Article 263 TFEU seeking the annulment in part of Commission Decision (EU) 2016/151 of 1 October 2014 on the State aid SA.31550 (2012/C) (ex 2012/NN) implemented by Germany for Nürburgring (OJ 2016 L 34, p. 1).

Operative part of the order

1. The action is dismissed as being inadmissible.

2. BikeWorld GmbH shall pay the costs.

(1) OJ C 68, 22.2.2016.
EN Official Journal of the European Union C 283/49

Order of the General Court of 5 July 2017 — EEB v Commission

(Case T-448/15) (1)

((Action for annulment and compensation - Access to documents - Regulation (EC) No 1049/2001 - Documents concerning the withdrawal of Proposal COM(2014) 397 final for a Directive of the European Parliament and of the Council - Partial refusal of access - No need to adjudicate in part - Partial manifest inadmissibility))

(2017/C 283/75)

Language of the case: English

Parties

Applicant: European Environmental Bureau (EEB) (Brussels, Belgium) (represented by: B. Kloostra, lawyer)

Defendant: European Commission (represented by: L. Pignataro-Nolin, E. Sanfrutos Cano and A. Buchet, acting as Agents)

Interveners in support of the defendant: European Parliament (represented by A. Tamás and I. McDowell, acting as Agents) and Council of the European Union (represented by B. Driessen, E. Rebasti and M. Moore, acting as Agents)

Re:

Application, first, under Article 263 TFEU, for, primarily, the annulment of the Commission’s decision of 1 June 2015 and, in the alternative, the annulment of an implied refusal and, secondly, under Article 268 TFEU, for repair of the damage allegedly suffered by the applicant as a result of that measure.

Operative part of the order

1. There is no need to adjudicate on the application for annulment.

2. The action is dismissed as to the remainder as manifestly inadmissible.

3. The European Commission is ordered to bear its own costs and to pay those incurred by the European Environmental Bureau (EEB).

4. The European Parliament and the Council of the European Union are ordered to bear their own costs.

(1) OJ C 328, 5.10.2015.
Official Journal of the European Union

Order of the General Court of 27 June 2019 — Deutsche Edelstahlwerke v Commission

(Case T-319/15) (1)

(State aid - Aid granted by certain provisions of the amended German law on renewable energy sources - Annulment of the act criticised by the Court - Action which has become devoid of purpose - No need to adjudicate)

(2019/C 295/42)

Language of the case: German

Parties

Applicants: Deutsche Edelstahlwerke (Witten, Germany) (represented by: H. Janssenet and S. Altenschmidt, lawyers)

Defendant: European Commission (represented initially by: R. Sauer, and subsequently by: T. Maxian Rusche and K. Herrmann, acting as Agents)

Re:

Application on the basis of Article 263 TFEU seeking the annulment of Commission Decision (EU) 2015/1585 of 25 November 2014 on the aid scheme SA.33995 (2013/C) (ex 2013/NN) (implemented by Germany for the support of renewable electricity and of energy-intensive users) (OJ 2015 L 250, p. 122).

Operative part of the order

1. There is no longer any need to adjudicate in the case.

2. The European Commission shall bear its own costs and pay the costs incurred by Deutsche Edelstahlwerke GmbH.

(1) OJ C 302, 14.9.2015.
Official Journal of the European Union

Order of the General Court of 8 November 2018 — Infratel Italia and Others v Commission

(Case T-636/15) (1)

(2019/C 44/108)

Language of the case: Italian

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

(1) OJ C 16, 18.1.2016.
EN Official Journal of the European Union C 22/37

Order of the General Court of 24 November 2016 — ED v EUIPO

(Case T-520/16) (1)

((Civil service - Temporary staff - Teleworking - Request for extension - Refusal - Actions - Subsequent grant of invalidity - No need to adjudicate))

(2017/C 022/51)

Language of the case: English

Parties

Applicant: ED (Barcelona, Spain) (represented by: S. Pappas, lawyer)

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

Re:

Action brought under Article 270 TFEU, seeking annulment of the decision of EUIPO of 15 January 2014 refusing to grant the applicant’s request of 26 September 2013 to be allowed essentially to continue teleworking from Barcelona (Spain) until her health was restored and annulment of the decision of the President of EUIPO of 3 June 2014 rejecting her complaint of 7 February 2014.

Operative part of the order

1. There is no need to adjudicate in the present case.

2. ED shall bear one third of her own costs.

3. The European Union Intellectual Property Office (EUIPO) shall bear its own costs and pay two thirds of the costs incurred by ED.

(1) OJ C 7, 12.1.2015 (case initially registered before the Civil Service Tribunal of the European Union under number F-93/14 and transferred to the General Court of the European Union on 1.9.2016).