ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 462/24

Order of the General Court of 18 October 2016 — Laboratoire de la mer v EUIPO — Boehringer Ingelheim Pharma (RESPIMER)

(Case T-109/16) (1)

((EU trade mark - Opposition proceedings - Application for EU word mark RESPIMER - Earlier EU word mark RESPIMAT - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Action manifestly lacking any foundation in law))

(2016/C 462/31)

Language of the case: English

Parties

Applicant: Laboratoire de la mer (Saint-Malo, France) (represented by: S. Szilvasi, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Boehringer Ingelheim Pharma GmbH & Co. KG (Ingelheim, Germany)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 21 January 2016 (Case R 3109/2014-5), relating to opposition proceedings between Boehringer Ingelheim Pharma and Laboratoire de la mer.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Laboratoire de la mer to pay the costs.

(1) OJ C 165, 10.5.2016.
EN Official Journal of the European Union C 112/38

Order of the President of the General Court of 6 February 2017 — Vorarlberger Landes- und Hypothekenbank v SRB

(Case T-645/16 R)

((Interim measures - Single Resolution Board - Single Resolution Fund - Ex-ante contributions - Application for stay of execution - No urgency))

(2017/C 112/53)

Language of the case: German

Parties

Applicant: Vorarlberger Landes- und Hypothekenbank (Bregenz, Austria) (represented by: G. Eisenberger, lawyer)

Defendant: Single Resolution Board (SRB) (represented by: B. Meyring and S. Schelo, lawyers)

Re:

Application on the basis of Article 278 TFEU and 279 TFEU seeking the grant of interim measures as regards, firstly, a stay of execution of the decision of the Executive Session of the SRB (SRB/ES/SRF/2016/06) of 15 April 2016 concerning the ex-ante contributions to the Single Resolution Fund for 2016 and, secondly, an order that the SRB reimburse the ex-ante contributions paid by the applicant.

Operative part of the order

1. The application for interim measures is rejected.
EN Official Journal of the European Union C 38/54

Order of the General Court of 26 October 2016 — Poland v Commission

(Case T-167/16) (1)

(2017/C 038/71)

Language of the case: Polish

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

(1) OJ C 243, 4.7.2016.
EN Official Journal of the European Union C 144/47

Order of the President of the General Court of 10 March 2017 — Fertisac v ECHA

(Case T-855/16 R)

((Interim proceedings - REACH - Fee due for registration of a substance - Reduction granted to micro, small and medium-sized undertakings - Decision imposing an administrative charge and a supplementary fee - Application for suspension of operation - No urgency))

(2017/C 144/65)

Language of the case: Spanish

Parties

Applicant: Fertisac, SL (Atarfe, Spain) (represented by: J. Gomez Rodriguez, lawyer)

Defendant: European Chemicals Agency (ECHA) (represented by: E. Maurage, J.-P. Trnka and M. Heikkilä, Agents, and C. Molyneux, lawyer)

Re:

Application based on Articles 278 and 279 TFEU and seeking a suspension of operation of Decision SME (2016) 5150, of 15 November 2016, finding that the applicant was not entitled to the fee reductions applicable to medium-sized undertakings, and of the invoices issued on the basis of that decision, namely ECHA invoices No 10060160 and No 10060161, dated 15 November 2016.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 121/34

Order of the General Court of 9 February 2017 — Asolo v EUIPO — Red Bull (FLÜGEL)

(Case T-714/16) (1)

((EU trade mark - Cancellation proceedings - Revocation of the contested decision - No need to adjudicate))

(2017/C 121/51)

Language of the case: English

Parties

Applicant: Asolo LTD (Limassol, Cyprus) (represented by: W. Pors, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral and M. Capostagno, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Red Bull GmbH (Fuschl am See, Austria) (represented by: A. Renck, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 29 July 2016 (Case R 282/2015-5), relating to cancellation proceedings between Red Bull and Asolo.

Operative part of the order

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

2. The European Union Intellectual Property Office (EUIPO) shall bear its own costs and pay those incurred by Asolo LTD and Red Bull GmbH.

(1) OJ C 462, 12.12.2016.
EN Official Journal of the European Union C 178/33

Order of the General Court of 17 March 2017 — Tri Ocean Energy v Council

(Case T-383/16) (1)

(2017/C 178/51)

Language of the case: English

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

(1) OJ C 350, 26.9.2016.
EN Official Journal of the European Union C 144/63

Order of the General Court of 16 March 2017 — Perifereia Stereas Elladas v Commission

(Case T-731/16) (1)

(2017/C 144/98)

Language of the case: Greek

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

(1) OJ C 462, 12.12.2016.
EN Official Journal of the European Union C 231/23

Order of the General Court of 17 May 2017 — Piper Verlag v EUIPO (THE TRAVEL EPISODES)

(Case T-164/16) (1)

((EU trade mark - Application for figurative EU trade mark THE TRAVEL EPISODES - Absolute ground for refusal - Application for alteration - Act not amenable to adoption by the Board of Appeal - Disregard of the procedural requirements - Inadmissibility))

(2017/C 231/28)

Language of the case: German

Parties

Applicant: Piper Verlag GmbH (Munich, Germany) (represented by: F. Oster, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 15 February 2016 (Case R 1099/2015-4) concerning an application for registration of the figurative sign THE TRAVEL EPISODES as an EU trade mark.

Operative part of the order

1. The action is dismissed.

2. Piper Verlag GmbH shall pay the costs.

(1) OJ C 200, 6.6.2016.
EN Official Journal of the European Union C 213/29

Order of the General Court of 3 May 2017 — De Nicola v EIB

(Case T-71/16 P) (1)

((Appeal - Civil service - EIB staff - Reports procedure - Career development report - 2007 appraisal procedure - Errors of law - Appeal manifestly unfounded))

(2017/C 213/39)

Language of the case: Italian

Parties

Appellant: Carlo De Nicola (Strassen, Luxembourg) (represented by: G. Ferabecoli, lawyer)

Other party to the proceedings: European Investment Bank (EIB) (represented initially by G. Nuvoli and F. Martin, and subsequently by G. Nuvoli and G. Faedo, acting as Agents, assisted by A. Dal Ferro, lawyer)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (sitting as a single judge) of 18 December 2015, De Nicola v EIB (F 82/12, EU:F:2015:166), seeking to have that judgment set aside in part.

Operative part of the order

1. The appeal is dismissed.

2. Mr Carlo De Nicola shall bear his own costs and shall pay those incurred by the European Investment Bank (EIB) in the present proceedings.

(1) OJ C 118, 4.4.2016.
EN Official Journal of the European Union C 269/18

Order of the General Court of 26 June 2017 — L'Oréal v EUIPO — Guinot (MASTER SHAPE)

(Case T-180/16) (1)

((EU trade mark - Opposition proceedings - Application for EU word mark MASTER SHAPE - Prior national figurative mark MASTERS COLORS PARIS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Action manifestly unfounded in law - Article 126 of the Rules of Procedure))

(2017/C 269/25)

Language of the case: French

Parties

Applicant: L'Oréal (Paris, France) (represented by: T. de Haan and P. Péters, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO intervening before the General Court: Guinot (Paris) (represented by: A. Sion, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 23 February 2016 (Case R 2907/2014-5) concerning opposition proceedings between Guinot and L’Oréal.

Operative part of the order

1. The action is dismissed.

2. L’Oréal shall pay the costs.

(1) OJ C 222, 20.6.2016.
EN Official Journal of the European Union C 269/16

Order of the General Court of 13 June 2017 — Uniwersytet Wrocławski v REA

(Case T-137/16) (1)

((Action for annulment - Application initiating proceedings - Formal requirements - Party not represented by a lawyer - Manifest inadmissibility))

(2017/C 269/22)

Language of the case: Polish

Parties

Applicant: Uniwersytet Wrocławski (Wrocław, Poland) (represented by: D. Dubis, lawyer)

Defendant: Research Executive Agency (REA) (represented by: S. Payan-Lagrou and V. Canetti, acting as Agents, assisted by M. Le Berre and G. Materna, lawyers)

Re:

Application, first, seeking the annulment of the decisions of the REA, acting under powers delegated by the European Commission, terminating the Cossar grant agreement (No 252908) and requiring the applicant to repay the sums of EUR 36 508,37, EUR 58 031,38 and EUR 6 286,68 as well as to pay damages in the amount of EUR 5 803,14, and, secondly, seeking reimbursement by the REA of the corresponding sums plus interest calculated from the day of payment until the day of reimbursement.

Operative part of the order

1. The action in Case T-137/16 is dismissed as being manifestly inadmissible.

2. The Uniwersytet Wrocławski shall bear its own costs and shall pay the costs incurred by the Research Executive Agency (REA).

(1) OJ C 200, 6.6.2016.
EN Official Journal of the European Union C 357/32

Order of the General Court of 6 September 2017 — Dickmanns v EUIPO

(Case T-550/16) (1)

(2017/C 357/43)

Language of the case: German

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

(1) OJ C 221, 6.7.2015 (case initially registered before the European Union Civil Service Tribunal under Case No F-65/15 and transferred to the General Court of the European Union on 1.9.2016).
EN Official Journal of the European Union C 293/34

Order of the President of the General Court of 21 July 2017 — Poland v Commission

(Case T-883/16 R)

((Application for interim measures - Internal market in natural gas - Directive 2009/73/EC - Application by the Bundesnetzagentur for review of the exemption of the OPAL pipeline from the EU requirements for its operation - Commission decision amending the exemption from the EU requirements - Application for a stay of execution of a measure - Lack of any urgency))

(2017/C 293/41)

Language of the case: Polish

Parties

Applicant: Republic of Poland (represented by: B. Majczyna, M. Kawnik and K. Rudzińska, acting as Agents)

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

Intervener in support of the applicant: Republic of Lithuania (represented by: D. Kriaučiūnas and R. Krasuckaitė, acting as Agents)

Intervener in support of the defendant: Federal Republic of Germany (represented by: T. Henze and R. Kanitz, acting as Agents)

Re:

Request on the basis of Articles 278 TFEU and 279 TFEU seeking a stay of execution of Commission Decision C(2016) 6950 final of 28 October 2016 on review of the exemption of the OPAL pipeline from the requirements on third party access and tariff regulation granted under Directive 2003/55/EC.

Operative part of the order

1. The application for interim measures is rejected.

2. The order of 23 December 2016 is revoked insofar as it relates to Case T-883/16 R.
EN Official Journal of the European Union C 13/17

Order of the General Court of 9 November 2017 — Bowles v ECB

(Case T-564/16) (1)

((Civil service - ECB Staff - Remuneration - Salary increase - Members of the Staff Committee - Eligibility - Action for annulment - No need to adjudicate - Action for damages - Action manifestly lacking any foundation in law))

(2018/C 013/29)

Language of the case: French

Parties

Applicant: Carlos Bowles (Frankfurt am Main, Germany) (represented by: initially by L. Levi and A. Tymen, and subsequently by L. Levi, lawyers)

Defendant: European Central Bank (ECB) (represented by: F. Malfrère and E. Carlini, acting as Agents, and by B. Wägenbaur, lawyer)

Re:

Application under Article 270 TFEU seeking, first, annulment of (i) the decision of 24 February 2015, communicated to staff on 13 March 2015, whereby the ECB refused to grant the applicant an additional salary increase for the year 2015 and (ii) the decision dismissing the special appeal of 9 July 2015, and, second, compensation for the damage which the applicant claims to have suffered.

Operative part of the order

1. There is no longer any need to adjudicate on the claim for annulment.

2. The action is dismissed as to the remainder, as manifestly lacking any foundation in law.

3. Each party is ordered to bear its own costs.

(1) OJ C 16, 18.1.2016 (Case initially registered before the European Union Civil Service Tribunal as Case F-130/15 and transferred to the General Court of the European Union on 1 September 2016).
EN Official Journal of the European Union C 392/40

Order of the General Court of 19 September 2017 — Barnett and Others v EESC

(Case T-158/16) (1)

(2017/C 392/51)

Language of the case: French

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

(1) OJ C 191, 30.5.2016.
EN Official Journal of the European Union C 104/42

Order of the General Court of 23 January 2018 — QF v Commission

(Case T-846/16) (1)

((Action for annulment - State aid - Aid granted by the Spanish authorities to certain professional football clubs - Preferential tax rate applied in connection with corporate tax - Decision declaring the aid to be incompatible with the internal market - No interest in bringing proceedings - Manifest inadmissibility))

(2018/C 104/54)

Language of the case: Spanish

Parties

Applicant: QF (represented by: L. Ruiz Ezquerra, R. Oncina Borrego, I. Sobrepera Millet and A. Hernández Pardo, lawyers)

Defendant: European Commission (represented by: G. Luengo, B. Stromsky and P. Němečková, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking the annulment of Commission Decision C(2016) 4046 final of 4 July 2016 on the State aid SA.29769 (2013/C) (ex 2013/NN) implemented by Spain for certain football clubs.

Operative part of the order

1. The application for a decision that there is no need to adjudicate is dismissed.

2. The action is dismissed as manifestly inadmissible.

3. There is no longer any need to rule on the applications to intervene submitted by the Kingdom of Spain and Fútbol Club Barcelona.

4. QF shall pay the costs.

5. QF, the European Commission, the Kingdom of Spain and Fútbol Club Barcelona shall each bear their own respective costs relating to the applications to intervene.

(1) OJ C 53, 20.2.2017.
EN Official Journal of the European Union C 52/28

Order of the General Court of 7 December 2017 — Durazzo v EEAS

(Case T-559/16) (1)

((Civil service - Officials - Promotion - 2014 promotion exercise - Acts not adversely affecting an official - Manifest inadmissibility - Decision not to promote the applicant - Article 43 and Article 45(1) of the Staff Regulations - Consideration of comparative merits - Taking into account staff reports for the purpose of promotion - Purely literal assessments - No method enabling staff reports to be compared for the purpose of promotion - Manifestly well-founded action))

(2018/C 052/40)

Language of the case: French

Parties

Applicant: Giacomo Durazzo (Brussels, Belgium) (represented by: N. de Montigny and J.-N. Louis, lawyers)

Defendant: European External Action Service (EEAS) (represented by: initially by S. Marquardt and M. Silva, and subsequently by S. Marquardt, acting as Agents, and by M. Troncoso Ferrer, F.-M. Hislaire and S. Moya Izquierdo, lawyers)

Re:

Application under Article 270 TFEU seeking annulment of three acts of the EEAS, namely (i) the proposal for promotion of 11 July 2014 in so far as it concerns Grade AD 13, (ii) the decision of 29 October 2014 not to promote the applicant to Grade AD 13 under the 2014 promotion exercise, and (iii) the decision of 28 May 2015 rejecting the complaint submitted by the applicant against that refusal to promote him.

Operative part of the order

1. The decision of the European External Action Service (EEAS) of 29 October 2014 not to promote Mr Giacomo Durazzo to Grade AD 13 under the 2014 promotion exercise is annulled.

2. The action is dismissed as to the remainder.

3. The EEAS is ordered to pay the costs.

(1) OJ C 302, 14.9.2015 (case initially registered before the European Union Civil Service Tribunal as Case F-101/15 and transferred to the General Court of the European Union on 1 September 2016).
Case T-590/16: Order of the General Court of 8 June 2018 — Spychalski v Commission (Civil service — Recruitment — Notice of competition — Open Competition EPSO/AD 177/10-ECO2013 — Assessment of the main language — Decision not to include the applicant’s name on the reserve list — Manifest lack of jurisdiction — Action manifestly lacking any foundation in law)

Order of the General Court of 8 June 2018 — Spychalski v Commission

(Case T-590/16) ( 1 )

‛(Civil service — Recruitment — Notice of competition — Open Competition EPSO/AD 177/10-ECO2013 — Assessment of the main language — Decision not to include the applicant’s name on the reserve list — Manifest lack of jurisdiction — Action manifestly lacking any foundation in law)’

Parties

Applicant: Michał Spychalski (Warsaw, Poland) (represented by: A. Żołyniak, lawyer)

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

Re:

Action brought under Article 270 TFEU seeking, first, annulment of the decision of the selection board in Open Competition EPSO/AD 177/10-ECO2013, organised by the European Personnel Selection Office (EPSO), not to include the applicant’s name on the reserve list and, secondly, that the appointing authority be required to add the applicant’s name to the reserve list established on the basis of the open competition in question, subject to the period of validity of the addition being equal to the period of validity of the list.

Operative part of the order

The Court:

1. Dismisses the action on the basis that it is in part manifestly lacking any basis in law and in part on the ground that the General Court manifestly lacks jurisdiction to hear and determine it;

2. Orders Michał Spychalski to bear his own costs and to pay those incurred by the European Commission.

( 1 ) OJ C 383, 17.10.2016 (case initially registered before the European Union Civil Service Tribunal under number F-20/16 and transferred to the General Court of the European Union on 1.9.2016).
EN Official Journal of the European Union C 182/21

Order of the President of the General Court of 22 March 2018 — Valencia Club de Fútbol v Commission

(Case T-732/16 R)

((Interim proceedings - State aid - Aid granted by Spain in favour of certain professional football clubs - Public guarantee granted by a public body - Decision declaring the aid incompatible with the internal market - Application for a stay of proceedings - Lack of urgency))

(2018/C 182/24)

Language of the case: Spanish

Parties

Applicant: Valencia Club de Fútbol, SAD (Valencia, Spain) (represented by: J. García-Gallardo Gil-Fournier and A. Guerrero Righetto, lawyers)

Defendant: European Commission (represented by: G. Luengo, B. Stromsky and P. Němečková, acting as Agents)

Intervener in support of the form of order sought by the applicant: Kingdom of Spain (represented by: A. Gavela Llopis, acting as Agent)

Re:

Application on the basis of Articles 278 TFEU and 279 TFEU seeking a stay of execution of Commission Decision (EU) 2017/365 of 4 July 2016 on the State aid SA.36387 (2013/C) (ex 2013/NN) (ex 2013/CP) granted by Spain to Valencia Club de Fútbol, Hércules Club de Fútbol, SAD and Elche Club de Fútbol, SAD (OJ 2017 L 55, p. 12).

Operative part of the order

1. The application for interim measures is rejected.

2. The order of 10 November 2016, Valencia Club de Fútbol v Commission (T-732/16 R), is set aside.
Order of the General Court of 27 February 2019 –Miserini Johansson v EIB

(Case T-870/16) (1)

(Civil service - Staff of the EIB - Prolonged or repeated absence on account of a non-occupational accident or disease - Remuneration reduced after 12 months of absence - Article 33 of the EIB Staff Regulations - Procedure for recognition of the occupational origin of the disease)

(2019/C 139/53)

Language of the case: English

Parties

Applicant: Virna Miserini Johansson (Luxembourg, Luxembourg) (represented by: A. Senes, lawyer)

Defendant: European Investment Bank (represented by: T. Gilliams, G. Faedo and K. Carr, acting as Agents, and by J. Currall and B. Wägenbaur, lawyers)

Re:

Application on the basis of Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union and seeking, primarily, annulment of a decision of the EIB dated 25 January 2016 and compensation in respect of the material and non-material harm associated with that decision and, in the alternative, solely compensation in respect of the material and non-material harm claimed in the main action and reimbursement of the costs incurred in connection with the health problems developed as a result of the severe stress suffered by the applicant and which are allegedly not reimbursed by the EIB’s health insurance scheme.

Operative part of the order

1. The action is dismissed.

2. Ms Virna Miserini Johansson shall pay the costs.

(1) OJ C 86, 20.3.2017.
Order of the General Court of 14 December 2018 — GM and Others v Commission

(Case T-539/16) (1)

((Civil service - Officials - Reform of the Staff Regulations - Regulation (EU, Euratom) No 1023/2013 - Types of posts - Transitional measures relating to classification in the types of posts - Article 31 of Annex XIII to the Staff Regulations - Assistants in transition - Promotion pursuant to Article 45 of the Staff Regulations authorised only within the career streams corresponding to the type of post held - Exclusion of AST 9 officials from the promotion procedure - No act having an adverse effect - Confirmatory measure - Lis pendens - Manifest inadmissibility - Article 129 of the Rules of Procedure - Objection of inadmissibility - Article 130 of the Rules of Procedure))

(2019/C 65/41)

Language of the case: French

Parties

Applicants: GM, GN, GO and GP (represented by: T. Bontinck and A. Guillerme, lawyers)

Defendant: European Commission (represented initially by: J. Currall and G. Gattinara, subsequently by C. Berardis-Kayser and G. Gattinara, and finally by G. Berscheid and G. Gattinara, acting as Agents)

Re:

Action under Article 270 TFEU seeking annulment of the decisions of the Commission by which the appointing authority of that institution classified the applicants as holding the post of ‘Assistant in transition’, resulting in the loss, with effect from 1 January 2014, of their eligibility for promotion to the next higher grade.

Operative part of the order

1. The action is dismissed as being manifestly inadmissible.

2. The European Commission shall bear its own costs and pay half of the costs incurred by GM, GN, GO and GP.

3. GM, GN, GO and GP shall bear half of their own costs.

4. The European Parliament and the Council of the European Union shall bear their own costs relating to their respective applications for leave to intervene.

(1) OJ C 96, 23.3.2015 (case initially registered before the European Union Civil Service Tribunal under Case No F-16/15 and transferred to the General Court of the European Union on 1.9.2016).