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

Judgment of the General Court of 6 October 2021 — Global Translation Solutions v Parliament

(Case T-7/20) (1)

(Public service contracts - Tendering procedure - Translation services - Rejection of a tenderer’s bid - Award of the contract to another tenderer - Award criteria - Format in which a file submitted in a test is to be uploaded)

(2021/C 471/61)

Language of the case: English

Parties

Applicant: Global Translation Solutions ltd. (Valletta, Malta) (represented by: C. Mifsud-Bonnici, lawyer)

Defendant: European Parliament (represented by: E. Taneva and K. Wójcik, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of the decision contained in the Parliament’s letter of 28 October 2019 rejecting the tender submitted by the applicant for Lot 15 in tendering procedure TRA/EU19/2019 and of the decision contained in the Parliament’s letter of 4 December 2019 awarding the contract to another tenderer.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Global Translation Solutions ltd. to pay the costs.

(1) OJ C 87, 16.3.2020.
Official Journal of the European Union

Judgment of the General Court of 22 September 2021 — Sociedade da Água de Monchique v EUIPO — Ventura Vendrell (chic ÁGUA ALCALINA 9,5 PH)

(Case T-195/20) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark chic ÁGUA ALCALINA 9,5 PH - Earlier EU word mark CHIC BARCELONA - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2021/C 462/47)

Language of the case: Portuguese

Parties

Applicant: Sociedade da Água de Monchique, SA (Caldas de Monchique, Portugal) (represented by: M. Osório de Castro, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral, I. Ribeiro da Cunha and J. Crespo Carrillo, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Pere Ventura Vendrell (Sant Sadurni d’Anoia, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 20 January 2020 (Case R 2524/2018-4), relating to opposition proceedings between Mr Ventura Vendrell and Sociedade da Água de Monchique.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 20 January 2020 (Case R 2524/2018-4);

2. Orders EUIPO to pay the costs.

(1) OJ C 201, 15.6.2020.
Official Journal of the European Union

Judgment of the General Court of 13 October 2021 — JK v Commission

(Case T-219/20) (1)

(Civil service - Officials - Commission staff working for the EEAS - Request for assistance - Article 24 of the Staff Regulations - Implied decision rejecting the request - Decision rejecting the complaint - Article 90 of the Staff Regulations - Competent Appointing Authority - Principle of sound administration)

(2021/C 490/41)

Language of the case: French

Parties

Applicant: JK (represented by: N. de Montigny, lawyer)

Defendant: European Commission (represented by: T. Bohr and T. Lilamand, acting as Agents)

Re:

Application under Article 270 TFEU seeking annulment of the Commission’s implied decision of 5 June 2019 rejecting the applicant’s request for assistance brought under Article 24 of the Staff Regulations of Officials of the European Union and of its decision of 6 January 2020 rejecting the applicant’s complaint

Operative part of the judgment

The Court:

1. Annuls the implied decision of the European Commission of 5 June 2019 rejecting JK’s request for assistance brought under Article 24 of the Staff Regulations of Officials of the European Union and its decision of 6 January 2020 rejecting the applicant’s complaint;

2. Orders the Commission to bear, in addition to its own costs, those incurred by JK.

(1) OJ C 209, 22.6.2020.
Official Journal of the European Union

Judgment of the General Court of 6 October 2021 — Kondyterska korporatsiia ‘Roshen’ v EUIPO — Krasnyj Octyabr (Representation of a lobster)

(Case T-254/20) (1)

(EU trade mark - Invalidity proceedings - Application for an EU figurative mark representing a lobster - Absolute grounds for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) - No descriptive character - Article 7(1)(c) of Regulation No 207/2009 (now Article 7(1)(c) of Regulation 2017/1001) - Right to be heard - Article 94 of Regulation 2017/1001)

(2021/C 481/31)

Language of the case: English

Parties

Applicant: Dochirnie pidpryiemstvo Kondyterska korporatsiia ‘Roshen’ (Kiev, Ukraine) (represented by: I. Lukauskienė, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: PAO Moscow Confectionery Factory ‘Krasnyj Octyabr’ (Moscow, Russia)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 4 March 2020 (Case R 1916/2019-4), relating to invalidity proceedings between Dochirnie pidpryiemstvo Kondyterska korporatsiia ‘Roshen’ and PAO Moscow Confectionery Factory ‘Krasnyj Octyabr’.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Dochirnie pidpryiemstvo Kondyterska korporatsiia ‘Roshen’ to pay the costs.

(1) OJ C 215, 29.6.2020.
Official Journal of the European Union

Judgment of the General Court of 22 September 2021 — T i D kontrolni sistemi v EUIPO –Sigmatron (Signalling apparatuses and devices)

(Case T-503/20) (1)

(Community design - Invalidity proceedings - Registered Community design representing signalling apparatuses and devices - Earlier Community design - Ground for invalidity - No individual character - Declaration of invalidity of a prior design - No effect - Disclosure of the earlier design - Informed user - Degree of freedom of the designer - No different overall impression - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)

(2021/C 513/38)

Language of the case: Bulgarian

Parties

Applicant: T i D kontrolni sistemi EOOD (Varna, Bulgaria) (represented by: P. Priparzhenski, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Sigmatron EOOD (Sofia, Bulgaria) (represented by: A. Kostov, lawyer).

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 30 April 2020 (Case R 956/2019-3) relating to invalidity proceedings between Sigmatron and T i D kontrolni sistemi.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders T i D kontrolni sistemi EOOD to pay the costs.

(1) OJ C 329, 5.10.2020.
Official Journal of the European Union

Judgment of the General Court of 20 October 2021 — Intis v EUIPO — Televes (TELEVEND)

(Case T-112/20) (1)

(EU trade mark - Invalidity proceedings - EU word mark TELEVEND - Earlier EU word mark TELEVES - 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 502/32)

Language of the case: English

Parties

Applicant: Intis d.o.o. (Zagreb, Croatia) (represented by: T. Nagy, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Televes, SA (Santiago de Compostela, Spain) (represented by: F. Peña López, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 12 December 2019 (Case R 1923/2019 5), relating to invalidity proceedings between Televes and Intis.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Intis d.o.o. to pay the costs.

(1) OJ C 137, 27.4.2020.
Official Journal of the European Union

Judgment of the General Court of 10 November 2021 — VF International v EUIPO — National Geographic Society (NATIONAL GEOGRAPHIC)

(Case T-517/20) (1)

(EU trade mark - Invalidity proceedings - EU word mark NATIONAL GEOGRAPHIC - Earlier non-registered mark geographic - Relative ground for refusal - Use in the course of trade of a sign of more than mere local significance - Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001))

(2022/C 24/39)

Language of the case: English

Parties

Applicant: VF International Sagl (Stabio, Switzerland) (represented by: T. van Innis and A. Van der Planken, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: National Geographic Society (Washington, District of Columbia, United States) (represented by: S. Malynicz QC and C. de Haas, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 21 May 2020 (Case R 1665/2019-1), relating to invalidity proceedings between VF International and National Geographic Society.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders VF International Sagl to pay the costs.

(1) OJ C 339, 12.10.2020.
Official Journal of the European Union

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

(Case T-220/20) (1)

(Civil service - Officials - Disciplinary proceedings - Article 266 TFEU - Administrative investigations - Principle of sound administration - Principle of impartiality - Action for annulment and for damages)

(2022/C 2/38)

Language of the case: French

Parties

Applicant: Petrus Kerstens (La Forclaz, Switzerland) (represented by: C. Mourato, lawyer)

Defendant: European Commission (represented by: B. Mongin and A.-C. Simon, acting as Agents)

Re:

Application under Article 270 TFEU for, first, annulment of the Commission note of 27 March 2017 informing the applicant of the resumption of disciplinary proceedings and the decision of 11 July 2019 issuing him with a warning and, secondly, compensation for the damage which he claims to have sustained as a result of the handling and duration of three disciplinary procedures.

Operative part of the judgment

The Court:

1. Annuls the European Commission’s decision of 11 July 2019 issuing Mr Petrus Kerstens with a warning;

2. Dismisses the action as to the remainder;

3. Orders the Commission to bear its own costs and to pay two thirds of the costs incurred by Mr Kerstens.

(1) OJ C 247, 27.7.2020.
Judgment of the General Court of 8 December 2021 — Talleres de Escoriaza v EUIPO — Salto Systems (KAAS KEYS AS A SERVICE)

(Case T-294/20) (1)

(EU trade mark - Invalidity proceedings - EU word mark KAAS KEYS AS A SERVICE - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) - No distinctive character - Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) - Signs or indications which have become customary - Article 7(1)(d) of Regulation No 207/2009 (now Article 7(1)(d) of Regulation 2017/1001) - Obligation to state reasons - Right to be heard - Article 94(1) of Regulation 2017/1001)

(2022/C 73/43)

Language of the case: Spanish

Parties

Applicant: Talleres de Escoriaza, SA (Irun, Spain) (represented by: T. Müller and F. Togo, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Salto Systems, SL (Oiartzun, Spain) (represented by: A. Alejos Cutuli, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 28 February 2020 (Case R 1363/2019-4), relating to invalidity proceedings between Talleres de Escoriaza and Salto Systems.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Talleres de Escoriaza, SA to pay the costs.

(1) OJ C 247, 27.7.2020.
Official Journal of the European Union

Judgment of the General Court of 1 December 2021 — Team Beverage v EUIPO — Zurich Deutscher Herold Lebensversicherung (Team Beverage)

(Case T-359/20) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark Team Beverage - Earlier EU word mark TEAM - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2022/C 37/37)

Language of the case: German

Parties

Applicant: Team Beverage AG (Bremen, Germany) (represented by: O. Spieker, A. Schönfleisch, N. Willich and N. Achilles, lawyers)

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

Other party the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Zurich Deutscher Herold Lebensversicherung AG (Bonn, Germany) (represented: F. Kramer, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 8 April 2020 (Case R 2727/2019-4), relating to opposition proceedings between Zurich Deutscher Herold Lebensversicherung and Team Beverage.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Team Beverage AG to pay the costs.

(1) OJ C 255, 3.8.2020.
Official Journal of the European Union

Judgment of the General Court of 12 January 2022 — 1031023 B.C. v EUIPO — Bodegas San Valero (Representation of a circle drawn by a brush)

(Case T-366/20) (1)

(EU trade mark - Opposition proceedings - Application for an EU figurative mark representing a circle drawn by a brush - Earlier national figurative mark ORIGIUM 1944 - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2022/C 119/44)

Language of the case: Spanish

Parties

Applicant: 1031023 B.C. Ltd (Richmond, British Columbia, Canada) (represented by: M. González Gordon, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Bodegas San Valero, S. Coop. (Cariñena, Spain) (represented by: J. García Domínguez, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 9 March 2020 (Case R 2142/2019-1) relating to opposition proceedings between Bodegas San Valero and 1031023 B.C.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders 1031023 B.C. Ltd to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Bodegas San Valero, S. Coop.

(1) OJ C 255, 3.8.2020.
Official Journal of the European Union

Judgment of the General Court of 15 December 2021 — FZ and Others v Commission

(Case T-618/20) (1)

(Civil Service - Officials - Remuneration - Commission staff posted to a third country - Annual and interim update of correction coefficients - Manifest error of assessment)

(2022/C 84/54)

Language of the case: French

Parties

Applicants: FZ and 17 other applicants whose names are listed in annex to the judgment (represented by: J.-N. Louis, lawyer)

Defendant: European Commission (represented by: I. Melo Sampaio, B. Mongin and A.-C. Simon, acting as Agents)

Re:

Application under Article 270 TFEU for annulment of the applicants’ salary statements for the month of December 2019 in so far as they apply, for the first time, the correction coefficients fixed, with retroactive effect, on 1 April and 1 July 2019.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders FZ and the other applicants whose names appear in annex to the judgment to pay the costs.

(1) OJ C 433, 14.12.2020.
Official Journal of the European Union

Judgment of the General Court of 2 March 2022 — Fidia farmaceutici v EUIPO — Giuliani (IALO TSP)

(Case T-333/20) (1)

(EU trade mark - Opposition proceedings - Application for the EU word mark IALO TSP - Earlier international word mark HYALO - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Identification of a member of the Board of Appeal - Article 165(2) of Regulation 2017/1001 - Obligation to state reasons - Article 94(1) of Regulation 2017/1001)

(2022/C 198/46)

Language of the case: English

Parties

Applicant: Fidia farmaceutici SpA (Abano Terme, Italy) (represented by: R. Kunz-Hallstein and H.P. Kunz-Hallstein, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Giuliani SpA (Milan, Italy) (represented by: S. de Bosio, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 17 March 2020 (Case R 2107/2019-5), relating to opposition proceedings between Fidia farmaceutici and Giuliani.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Fidia farmaceutici SpA to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO);

3. Orders Giuliani SpA to bear its own costs.

(1) OJ C 255, 3.8.2020.
Official Journal of the European Union

Judgment of the General Court of 9 February 2022 — Calzaturificio Emmegiemme Shoes v EUIPO — Inticom (MAIMAI MADE IN ITALY)

(Case T-589/20) (1)

(EU trade mark - Opposition proceedings - Application for the EU word mark MAIMAI MADE IN ITALY - Earlier EU word mark YAMAMAY - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Genuine use of the earlier mark - Admissibility of new evidence - Alteration of the distinctive character)

(2022/C 128/30)

Language of the case: Italian

Parties

Applicant: Calzaturificio Emmegiemme Shoes Srl (Surano, Italy) (represented by: R. Fragalà, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Inticom SpA (Gallarate, Italy)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 14 July 2020 (Case R 1874/2018-2), relating to opposition proceedings between Inticom and Calzaturificio Emmegiemme Shoes.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Calzaturificio Emmegiemme Shoes Srl to pay the costs.

(1) OJ C 378, 9.11.2020.
Judgment of the General Court of 6 April 2022 — Planistat Europe and Charlot v Commission

(Case T-735/20) (1)

(Non-contractual liability - ‘Eurostat’ case - External investigation by OLAF - Forwarding to the national judicial authorities of information concerning matters liable to result in criminal proceedings before the conclusion of the investigation - Filing of a complaint by the Commission before the conclusion of the investigation - National criminal proceedings - Ruling that there is no need to adjudicate which has become final - No sufficiently serious breach of a rule of law conferring rights on individuals)

(2022/C 244/34)

Language of the case: French

Parties

Applicants: Planistat Europe (Paris, France), Hervé-Patrick Charlot (Paris) (represented by: F. Martin Laprade, lawyer)

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

Re:

By their action based on Article 268 TFEU, the applicants seek compensation, first, for the non-material damage that Mr Charlot allegedly suffered as a result of the European Anti-Fraud Office (OLAF) having forwarded to the national authorities information relating to matters liable to be characterised as criminal, as well as of the complaint filed by the Commission with those authorities, and, secondly, for the material damage that they allegedly suffered as a result of the termination of contracts concluded between Planistat and the Commission.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Planistat Europe and Mr Hervé-Patrick Charlot to pay the costs.

(1) OJ C 53, 15.2.2021.
Official Journal of the European Union

Judgment of the General Court of 23 March 2022 — OT v Parliament

(Case T-757/20) (1)

(Civil service - Officials - Disciplinary penalty - Reprimand - Article 21a of the Staff Regulations - Error of assessment)

(2022/C 198/55)

Language of the case: French

Parties

Applicant: OT (represented by: C. Bernard-Glanz and S. Rodrigues, lawyers)

Defendant: European Parliament (represented by: I. Lázaro Betancor and M. Windisch, acting as Agents)

Re:

Application under Article 270 TFEU seeking annulment of the decision of the Parliament of 19 December 2019 imposing a reprimand on the applicant.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Parliament of 19 December 2019 imposing a reprimand on the applicant;

2. Orders the Parliament to pay the costs.

(1) OJ C 62, 22.2.2021.
Judgment of the General Court of 1 June 2022 — Jindal Saw and Jindal Saw Italia v Commission (Reimposition of a definitive anti-dumping duty)

(Case T-440/20) (1)

(Dumping - Imports of tubes and pipes of ductile cast iron originating in India - Compliance with the judgment of the General Court in Case T-301/16 - Reimposition of a definitive anti-dumping duty - Non-repayment in full of the initial definitive anti-dumping duty - Legal basis - Non-retroactivity - Legal certainty - Article 266 TFEU - Proportionality - Right to effective judicial protection - Article 103 of the Union Customs Code - Registration Regulation - Plea of illegality - Admissibility)

(2022/C 294/34)

Language of the case: English

Parties

Applicants: Jindal Saw Ltd (New Delhi, India), Jindal Saw Italia SpA (Trieste, Italy) (represented by: R. Antonini, E. Monard and B. Maniatis, lawyers)

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

Re:

By their action based on Article 263 TFEU, the applicants seek the partial annulment of Commission Implementing Regulation (EU) 2020/527 of 15 April 2020 re-imposing a definitive anti-dumping duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India as regards Jindal Saw Limited following the judgment of the General Court in Case T-301/16 (OJ 2020 L 118, p. 14).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Jindal Saw Ltd and Jindal Saw Italia SpA to pay the costs.

(1) OJ C 297, 7.9.2020.
Judgment of the General Court of 18 May 2022 — Tirrenia di navigazione v Commission

(Case T-593/20) (1)

(State aid - Maritime transport - Service of general economic interest - Decision declaring the aid unlawful - Decision declaring the aid partly compatible and partly incompatible with the internal market and ordering its recovery - Rescue aid - Compatibility with the internal market - Period of six months - Extension - Requirement to submit a restructuring or liquidation plan - Guidelines on State aid for rescuing and restructuring firms in difficulty - Tax exemption - Advantage - Selective nature - Effect on trade between Member States - Adverse effect on competition - Excessive duration of the procedure - Legitimate expectations - Legal certainty - Principle of good administration)

(2022/C 284/31)

Language of the case: Italian

Parties

Applicant: Tirrenia di navigazione SpA (Rome, Italy) (represented by: B. Nascimbene and F. Rossi Dal Pozzo, lawyers)

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

Re:

By its application under Article 263 TFEU, the applicant seeks the annulment of Commission Decision (EU) 2020/1412 of 2 March 2020 on the measures SA.32014, SA.32015, SA.32016 (11/C) (ex 11/NN) implemented by Italy for Tirrenia di Navigazione and its acquirer Compagnia Italiana di Navigazione (OJ 2020 L 332, p. 45).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Tirrenia di navigazione SpA to pay the costs.

(1) OJ C 378, 9.11.2020.