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

Judgment of the General Court of 10 February 2021 — Herlyn and Beck v EUIPO — Brillux (B.home)

(Case T-821/19) (1)

(EU trade mark - Opposition proceedings - Application for the EU word mark B.home - Earlier international word mark B-Wohnen - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

(2021/C 128/42)

Language of the case: German

Parties

Applicants: Sonja Herlyn (Grünwald, Germany) and Christian Beck (Grünwald) (represented by: H. Hofmann, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Brillux GmbH & Co. KG (Münster, Germany) (represented by: R. Schiffer, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 24 September 2019 (Case R 373/2019-5), concerning opposition proceedings between, on the one hand, Brillux and, on the other hand, Ms Herlyn and Mr Beck.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Sonja Herlyn and Mr Christian Beck to pay the costs.

(1) OJ C 27, 27.1.2020.
Judgment of the General Court of 3 February 2021 — Ilunga Luyoyo v Council

(Case T-124/19) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Retention of the applicant’s name on the lists of persons covered - Obligation to state reasons - Right to be heard - Proof that inclusion and retention on the lists is well founded - Manifest error of assessment - Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures - Right to private and family life - Presumption of innocence - Proportionality - Plea of illegality)

(2021/C 98/29)

Language of the case: French

Parties

Applicant: Ferdinand Ilunga Luyoyo (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, A. Guillerme and T. Payan, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix, H. Marcos Fraile, S. Van Overmeire and M.-C. Cadilhac, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2018/1940 of 10 December 2018 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2018 L 134, p. 47) and, second, Council Implementing Regulation (EU) 2018/1931 of 10 December 2018 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2018 L 314, 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 Ferdinand Ilunga Luyoyo to pay the costs.

(1) OJ C 139, 15.4.2019.
Judgment of the General Court of 14 April 2021 — SGI Studio Galli Ingegneria v Commission

(Case T-285/19) (1)

(Arbitration clause - Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) - Grant agreement - The MARSOL Project - Eligible costs - OLAF investigation report finding certain expenses incurred to be ineligible - Repayment of sums paid - Burden of proof - Principle of good faith - Right to be heard - Principle of sound administration - Rights of the defence - Proportionality)

(2021/C 242/30)

Language of the case: Italian

Parties

Applicant: SGI Studio Galli Ingegneria Srl (Rome, Italy) (represented by: F. Marini, V. Catenacci and R. Viglietta, lawyers)

Defendant: European Commission (represented by: J. Estrada de Solà and A. Spina, acting as Agents)

Re:

Application under Article 272 TFEU seeking primarily, in essence, a declaration that the applicant is not required to repay the amount of EUR 487 914,32 which is part of the total amount awarded to it under Grant Agreement No 619120 concerning the MARSOL Project or, in the alternative, a declaration that the amount to be repaid may not exceed EUR 100 044,99 or, in the further alternative, an order that the Commission is to reimburse the applicant for the costs incurred by the latter in implementing that project, in accordance with the provisions on unjust enrichment.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders SGI Studio Galli Ingegneria Srl to pay the costs.

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

Judgment of the General Court of 17 March 2021 — Tehrani v EUIPO — Blue Genes (Earnest Sewn)

(Case T-853/19) (1)

(EU trade mark - Invalidity proceedings - EU word mark Earnest Sewn - Declaration of invalidity - Absolute ground for refusal - Bad faith - Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001))

(2021/C 206/27)

Language of the case: English

Parties

Applicant: Reza Hossein Khan Tehrani (Nordhorn, Germany) (represented by: D. Wiedemann, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Blue Genes, Inc. (Gardena, California, United States)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 4 October 2019 (Case R 531/2018-5), relating to invalidity proceedings between Blue Genes and Mr Tehrani.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Reza Hossein Khan Tehrani to pay the costs.

(1) OJ C 54, 17.2.2020.
Official Journal of the European Union

Judgment of the General Court of 12 May 2021 — Moerenhout and Others v Commission

(Case T-789/19) (1)

(Law governing the institutions - European citizens’ initiative - Trade with territories under military occupation - Refusal of registration - Manifest lack of powers of the Commission - Article 4(2)(b) of Regulation (EU) No 211/2011 - Common commercial policy - Article 207 TFEU - Common foreign and security policy - Article 215 TFEU - Obligation to state reasons - Article 4(3) of Regulation No 211/2011)

(2021/C 263/24)

Language of the case: French

Parties

Applicants: Tom Moerenhout (Humbeek, Belgium) and the six other applicants whose names are listed in the annex to the judgment (represented by: G. Devers, lawyer)

Defendant: European Commission (represented by: I. Martínez del Peral and S. Delaude, acting as Agents)

Re:

Action under Article 263 TFEU for annulment of Commission Decision (EU) 2019/1567 of 4 September 2019 on the proposed citizens’ initiative entitled ‘Ensuring Common Commercial Policy conformity with EU Treaties and compliance with international law’ (OJ 2019 L 241, p. 12).

Operative part of the judgment

The Court:

1. Annuls Commission Decision (EU) 2019/1567 of 4 September 2019 on the proposed citizens’ initiative entitled ‘Ensuring Common Commercial Policy conformity with EU Treaties and compliance with international law’;

2. Orders the European Commission to pay the costs.

(1) OJ C 45, 10.2.2020.
Judgment of the General Court of 21 April 2021 — Intering and Others v Commission

(Case T-525/19) (1)

(Public contracts - Tendering procedure - Reduction of dust and nitrogen oxide emissions at the Kosovo B thermal power plant, Units B1 and B2 - Rejection of the application - Application for annulment submitted in the reply - New claims - Manifest inadmissibility - Amendment of the selection criteria during the procedure - Equal treatment)

(2021/C 242/34)

Language of the case: German

Parties

Applicants: Intering Sh.p.k (Obiliq, Kosovo), Steinmüller Engineering GmbH (Gummersbach, Germany), Deling d.o.o. za proizvodnju, promet i usluge (Tuzla, Bosnia and Herzegovina), ZM-Vikom d.o.o. za proizvodnju, konstrukcije i montažu (Šibenik, Croatia) (represented by: R. Spielhofen, lawyer)

Defendant: European Commission (represented by: J. Estrada de Solà, B. Bertelmann and M. Kellerbauer, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of (i) Commission Decision Ares(2019) 4979920 of 30 July 2019 not to accept the application of the applicants to participate in the restricted procedure for the award of the contract relating to the call for tenders EuropeAid/140043/DH/WKS/XK and (ii) of the decision of 18 October 2019 concerning the award of that contract.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Commission of 30 July 2019 (Ares(2019)4979920) not to accept the applications of Intering Sh.p.k, Steinmüller Engineering GmbH, Deling d.o.o. za proizvodnju, promet i usluge and ZM-Vikom d.o.o. za proizvodnju, konstrukcije i montažu to participate in the restricted procedure for the award of the contract relating to the call for tenders EuropeAid/140043/DH/WKS/XK;

2. Dismisses the remainder of the action;

3. Orders the Commission to pay the costs, including those relating to the interim proceedings.

(1) OJ C 328, 30.9.2019.
Official Journal of the European Union

Judgment of the General Court of 16 June 2021 — Krajowa Izba Gospodarcza Chłodnictwa i Klimatyzacji v Commission

(Case T-126/19) (1)

(Environment - Regulation (EU) No 517/2014 - Fluorinated greenhouse gases - Allocation of quotas for placing hydrofluorocarbons on the market - Plea of illegality - Article 16 of Regulation No 517/2014 and Annexes V and VI thereto - Principle of non-discrimination - Obligation to state reasons)

(2021/C 310/21)

Language of the case: Polish

Parties

Applicant: Krajowa Izba Gospodarcza Chłodnictwa i Klimatyzacji (Warsaw, Poland) (represented by: A. Galos, lawyer)

Defendant: European Commission (represented by: J.-F. Brakeland, A. Becker, K. Herrmann and M. Jáuregui Gómez, acting as Agents)

Interveners in support of the defendant: European Parliament (represented by: L. Visaggio, A. Tamás and W. Kuzmienko, acting as Agents) and Council of the European Union (represented by: K. Michoel and I. Tchórzewska, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of the Commission’s decision of 11 December 2018 allocating the applicant a quota of 4 096 tonnes of CO2 equivalent of hydrofluorocarbons for 2019.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Krajowa Izba Gospodarcza Chłodnictwa i Klimatyzacji to bear its own costs and to pay those incurred by the European Commission;

3. Orders the Council of the European Union and the European Parliament to bear their own costs.

(1) OJ C 148, 29.4.2019.
Official Journal of the European Union

Judgment of the General Court of 9 June 2021 — Hill Mansilla v Commission

(Case T-575/19) (1)

(Civil service - Officials - Promotion - 2018 promotion exercise - Decision not to promote - Comparative examination of the merits - Assessment criteria - Manifest error of assessment - Equal treatment - Non-discrimination)

(2021/C 297/42)

Language of the case: French

Parties

Applicant: Élise Hill Mansilla (Rodemack, France) (represented by: R. Mbonyumutwa, lawyer)

Defendant: European Commission (represented by: M. Brauhoff and L. Vernier, acting as Agents)

Re:

Application based on Article 270 TFEU and seeking, first, annulment of the Commission’s decision of 13 November 2018 not to include the applicant’s name in the final list of promoted officials in the 2018 promotion exercise and, second, compensation for the non-material and material damages allegedly suffered by the applicant on account of that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Élise Hill Mansilla to pay the costs.

(1) OJ C 357, 21.10.2019.
Judgment of the General Court of 14 July 2021 — AI v ECDC

(Case T-65/19) (1)

(Civil service - ECDC staff - Psychological harassment - Article 12a of the Staff Regulations - Request for assistance - Scope of the duty to provide assistance - Article 24 of the Staff Regulations - Resignation of the perpetrator of the behaviour complained of - Failure to open a disciplinary procedure - Article 86 of the Staff Regulations - Reply to a request for assistance - Action for annulment - Act adversely affecting an official - Infringement of the right to be heard - No statement of reasons - Denial of access to the investigation report and other documents - Article 41 of the Charter of Fundamental Rights - Liability)

(2021/C 357/28)

Language of the case: English

Parties

Applicant: AI (represented by: L. Levi and A. Champetier, lawyers)

Defendant: European Centre for Disease Prevention and Control (represented by: J. Mannheim and A. Iber, acting as Agents, and by D. Waelbroeck and A. Duron, lawyers)

Re:

Application under Article 270 TFEU seeking, first, annulment of the decisions of ECDC of 18 May 2018, 20 June 2018 and 26 October 2018 taken in response to the applicant’s request for assistance on the ground of psychological harassment and his request for access to certain documents and, secondly, compensation for the damage which he suffered.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Centre for Disease Prevention and Control (ECDC) of 18 May 2018 adopted in response to the request for assistance submitted by AI on 20 June 2017;

2. Annuls the decision of the ECDC of 20 June 2018 in so far as it refused AI access to the non-confidential parts of the investigation report relating to his request for assistance of 20 June 2017 and of A’s email of 17 January 2018 that concern him;

3. Annuls the ECDC decision of 26 October 2018 rejecting AI’s complaint of 2 July 2018;

4. Dismisses the claim for damages;

5. Orders ECDC to bear, in addition to its own costs, three-quarters of the costs incurred by AI;

6. Orders AI to bear one quarter of his own costs.

(1) OJ C 131, 8.4.2019.
Judgment of the General Court of 7 July 2021 — Ardagh Metal Beverage Holdings v EUIPO (Combination of sounds on opening a can of soft drink)

(Case T-668/19) (1)

(EU trade mark - Application for an EU trade mark consisting of a combination of sounds on opening a can of soft drink - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Article 95(1) of Regulation 2017/1001)

(2021/C 329/25)

Language of the case: German

Parties

Applicant: Ardagh Metal Beverage Holdings GmbH & Co. KG (Bonn, Germany) (represented by: S. Abrar, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Fischer, D. Hanf and D. Walicka, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 24 July 2019 (Case R 530/2019-2), concerning an application for registration of a combination of sounds on opening a can of soft drink as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs incurred before the General Court;

3. Orders Ardagh Metal Beverage Holdings GmbH & Co. KG to bear its own costs incurred before the General Court and the expenses necessarily incurred for the purpose of the proceedings before the Board of Appeal of EUIPO.

(1) OJ C 399, 25.11.2019.
Official Journal of the European Union

Judgment of the General Court of 6 October 2021 — Wepa Hygieneprodukte and Others v Commission

(Case T-238/19) (1)

(State aid - Aid regime implemented by Germany for certain large electricity consumers - Exemption from network charges for the period 2012-2013 - Decision declaring the aid regime incompatible with the internal market and unlawful and ordering the recovery of the aid granted - Action for annulment - Time limit for bringing an action - Admissibility - Concept of ‘aid’ - State resources - Selectivity)

(2021/C 471/58)

Language of the case: German

Parties

Applicants: Wepa Hygieneprodukte GmbH (Arnsberg, Germany), Wepa Leuna GmbH (Leuna, Germany), Wepa Papierfabrik Sachsen GmbH (Arnsberg) (represented by: H. Janssen, A. Vallone and L. Kienzle, lawyers)

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

Intervener in support of the applicants: Federal Republic of Germany (represented by: D. Klebs, J. Möller, R. Kanitz, S. Heimerl and S. Costanzo, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of Commission Decision (EU) 2019/56 of 28 May 2018 on aid scheme SA.34045 (2013/C) (ex 2012/NN) implemented by Germany for baseload consumers under Paragraph 19 StromNEV (OJ 2019 L 14, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Wepa Hygieneprodukte GmbH, Wepa Leuna GmbH and Wepa Papierfabrik Sachsen GmbH to each bear their own costs and to pay those incurred by the European Commission;

3. Orders the Federal Republic of Germany to bear its own costs.

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

Judgment of the General Court of 8 September 2021 — Achema and Achema Gas Trade v Commission

(Case T-193/19) (1)

(State aid - Aid to Litgas for the supply of a minimum quantity of LNG to the LNG terminal at the sea port of Klaipėda - Decision not to raise objections - Safeguarding procedural rights - EU framework for State aid in the form of public service compensation - Service of general economic interest - Compensation for a service of general economic interest - Boil-off costs - Balancing costs - Security of supply - Article 14 of Directive 2004/18/EC - Body of consistent evidence)

(2021/C 452/19)

Language of the case: English

Parties

Applicants: Achema AB (Jonava, Lithuania), Achema Gas Trade UAB (Jonava) (represented by: J. Ruiz Calzado, J. Wileur and N. Solárová, lawyers)

Defendant: European Commission (represented by: K. Herrmann and A. Bouchagiar, acting as Agents)

Interveners in support of the defendant: Republic of Lithuania (represented by: K. Dieninis and R. Dzikovič, acting as Agents), Ignitis UAB, formerly Lietuvos energijos tiekimas UAB (Vilnius, Lithuania) (represented by: K. Kačerauskas, lawyer)

Re:

Application under Article 263 TFEU seeking annulment of Commission Decision C(2018) 7141 final of 31 October 2018 in State aid case SA.44678 (2018/N) — modification of aid for LNG terminal in Lithuania.

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2018) 7141 final of 31 October 2018 in State aid case SA.44678 (2018/N) relating to modification of aid for LNG terminal in Lithuania, in so far as the Commission decided not to raise objections to the State aid resulting from the 2016 amendments;

2. Dismisses the action as to the remainder;

3. Orders Achema AB, Achema Gas Trade UAB, the European Commission, the Republic of Lithuania and Ignitis UAB to bear their own costs.

(1) OJ C 206, 17.6.2019.
Official Journal of the European Union

Judgment of the General Court of 8 December 2021 — Cyprus v EUIPO — Fontana Food (GRILLOUMI BURGER)

(Case T-593/19) (1)

(EU trade mark - Opposition proceedings - Application for the EU word mark GRILLOUMI BURGER - Earlier national certification word marks ΧΑΛΛΟΥΜΙ HALLOUMI - Relative grounds for refusal - No likelihood of confusion - No detriment to repute - Article 8(1)(b) and Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 8(5) of Regulation (EU) 2017/1001))

(2022/C 73/40)

Language of the case: English

Parties

Applicant: Republic of Cyprus (represented by: S. Malynicz QC, S. Baran, Barrister, and V. Marsland, Solicitor)

Defendant: European Union Intellectual Property Office (represented by: D. Gája and D. Botis, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Fontana Food AB (Tyresö, Sweden) (represented by: P. Nihlmark and L. Zacharoff, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 19 June 2019 (Case R 1297/2018 4) relating to opposition proceedings between the Republic of Cyprus and Fontana Food.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Order the Republic of Cyprus to pay the costs.

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

Judgment of the General Court of 20 October 2021 — Rosca v Commission

(Case T-434/19) (1)

(Civil service - Officials - Recruitment - Notice of competition - Open Competition EPSO/AD/363/18 - Decision of the selection board to exclude the applicant from the next phase of the competition - Obligation to state reasons - Manifest error of assessment - Article 27 of the Staff Regulations - Equal treatment)

(2021/C 502/29)

Language of the case: English

Parties

Applicant: Ioana-Felicia Rosca (Vienna, Austria) (represented by: L.-O. Tufler and B. Nelissen, lawyers)

Defendant: European Commission (represented by: M. Brauhoff, D. Milanowska and L. Vernier, acting as Agents)

Re:

Application under Article 270 TFEU for annulment of the decision of the selection board in Open Competition EPSO/AD/363/18 of 22 March 2019, based on qualifications and tests, rejecting the applicant’s application and excluding her from the assessment centre for that competition.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Ioana-Felicia Rosca to pay the costs.

(1) OJ C 295, 2.9.2019.
Judgment of the General Court of 23 February 2022 — Chemours Netherlands v ECHA

(Case T-636/19) (1)

(REACH - Substances of very high concern - Establishment of a candidate list of substances for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 - Decision identifying 2,3,3,3-tetrafluoro-2-(heptafluoropropoxy)propionic acid, its salts and its acyl halides as a substance fulfilling the criteria laid down for inclusion in the list - Article 57 of Regulation No 1907/2006 - Manifest error of assessment - Proportionality)

(2022/C 171/31)

Language of the case: English

Parties

Applicant: Chemours Netherlands BV (Dordrecht, Netherlands) (represented by: R. Cana and E. Mullier, lawyers)

Defendant: European Chemicals Agency (represented by: W. Broere, N. Herbatschek and M. Heikkilä, acting as Agents, and by S. Raes, lawyer)

Interveners in support of the defendant: Kingdom of the Netherlands (represented by: M. Bulterman, J. Langer and C. Schillemans, acting as Agents), ClientEarth AISBL (Brussels, Belgium), ClientEarth (London, United Kingdom), CHEM Trust Europe eV (Hamburg, Germany) (represented by: N. Angelet, lawyer)

Re:

Application under Article 263 TFEU seeking annulment of ECHA’s decision ED/71/2019 of 4 July 2019, which came into force on 16 July 2019, in so far as it includes 2,3,3,3-tetrafluoro-2-(heptafluoropropoxy)propionic acid, its salts and its acyl halides (and their isomers and combinations thereof) in the list of substances identified 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 (OJ 2006 L 396, p. 1, corrigendum OJ 2007 L 136, p. 3).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Chemours Netherlands BV to bear its own costs and to pay the costs incurred by the European Chemicals Agency (ECHA) and ClientEarth AISBL, ClientEarth and CHEM Trust Europe Ev;

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

(1) OJ C 399, 25.11.2019.