ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 231/22

Judgment of the General Court of 17 May 2017 — Piessevaux v Council

(Case T-519/16) (1)

((Civil service - Officials - Pensions - Transfer of pension rights to the European Union pension scheme - Proposal concerning the crediting of additional pensionable years - Article 11(2) of Annex VIII to the Staff Regulations - New general implementing provisions - Equal treatment - Acquired rights - Legitimate expectations))

(2017/C 231/27)

Language of the case: French

Parties

Applicant: Vincent Piessevaux (Brussels, Belgium) (represented by: initially by D. de Abreu Caldas and J.-N. Louis, then by J.-N. Louis, and finally by L. Ponteville, lawyers)

Defendant: Council of the European Union (represented by: M. Bauer and E. Rebasti, acting as Agents)

Re:

Application based on Article 270 TFEU and seeking annulment of the Council’s decision of 7 October 2013 definitively fixing, for the purposes of the European Union pension scheme, the pension rights acquired by the applicant following the transfer of the rights which he had acquired, prior to entering the service of the EU, from national pension bodies.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Vincent Piessevaux to pay the costs.

(1) OJ C 421, 24.11.2014 (case initially registered with the European Union Civil Service Tribunal as Case F-91/14 and transferred to the General Court of the European Union on 1 September 2016).
EN Official Journal of the European Union C 221/21

Judgment of the General Court of 18 May 2017 — Panzeri v Parliament

(Case T-166/16) (1)

((Rules governing the payment of expenses and allowances to Members of the European Parliament - Parliamentary assistance allowance - Recovery of sums unduly paid))

(2017/C 221/27)

Language of the case: Italian

Parties

Applicant: Pier Antonio Panzeri (Calusco d'Adda, Italy) (represented by: C. Cerami, lawyer)

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

Re:

Application on the basis of Article 263 TFEU seeking the annulment of the decision of the General Secretariat of the Parliament of 11 February 2016 concerning the recovery from the applicant of the sum of EUR 83 764,34 and of the debit note relating thereto of the same date.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Pier Antonio Panzeri to pay the costs.

(1) OJ C 200, 6.6.2016.
EN Official Journal of the European Union C 277/38

Judgment of the General Court of 29 June 2017 — E-Control v ACER

(Case T-63/16) (1)

((Energy - Conditions for access to the network for cross-border exchanges in electricity - National regulatory authorities’ decisions approving the methods of allocation of cross-border transmission capacity - Compatibility with Regulation (EC) No 714/2009 - Opinion of ACER - Definition of a decision open to appeal before ACER - Article 19 of Regulation (EC) No 713/2009 - Decision of the Board of Appeal of ACER dismissing the appeal as inadmissible - Error of law - Failure to state reasons))

(2017/C 277/56)

Language of the case: English

Parties

Applicant: Energie-Control Austria für die Regulierung der Elektrizitäts- und Erdgaswirtschaft (E-Control) (Vienna, Austria) (represented by: F. Schuhmacher, lawyer)

Defendant: Agency for the Cooperation of Energy Regulators (ACER) (represented by: E. Tremmel, acting as Agent)

Intervener in support of the applicant: Republic of Austria (represented by C. Pesendorfer, acting as Agent)

Interveners in support of the defendant: Czech Republic (represented by M. Smolek, T. Müller and J. Vláčil, acting as Agents), Republic of Poland (represented by B. Majczyna, acting as Agent) and Polskie Sieci Elektroenergetyczne S.A. (established in Konstancin-Jeziorna, Poland) (represented initially by M. Motylewski and A. Kulińska, and subsequently by H. Napieła and K. Figurska, lawyers)

Re:

Action under Article 263 TFEU for the annulment of Decision No A-001-2015 of the Board of Appeal of ACER of 16 December 2015, dismissing an appeal against Opinion No 09/2015 of ACER of 23 September 2015 on the compliance of the decisions of national regulatory authorities approving the methods of allocation of cross-border transmission capacity in the Central-East Europe region with Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 (OJ 2009 L 211, p. 15), including the guidelines on the management and allocation of available transfer capacity of interconnections between national systems contained in Annex I thereto.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Energie-Control Austria für die Regulierung der Elektrizitäts- und Erdgaswirtschaft (E-Control) to bear its own costs and to pay those incurred by the Agency for the Cooperation of Energy Regulators (ACER);

3. Orders the Czech Republic, the Republic of Poland, the Republic of Austria and Polskie Sieci Elektroenergetyczne S.A. to bear their own costs.

(1) OJ C 156, 2.5.2016.
EN Official Journal of the European Union C 256/27

Judgment of the General Court of 21 June 2017 — Rare Hospitality International v EUIPO (LONGHORN STEAKHOUSE)

(Case T-856/16) (1)

((EU trade mark - Application for EU word mark LONGHORN STEAKHOUSE - Absolute ground for refusal - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Equal treatment and the principle of sound administration))

(2017/C 256/31)

Language of the case: English

Parties

Applicant: Rare Hospitality International, Inc. (Orlando, Florida, United States) (represented by: I. Lazaro Betancor, lawyer)

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

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 12 September 2016 (Case R 2149/2015-5) concerning an application for registration of word sign LONGHORN STEAKHOUSE as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Rare Hospitality International, Inc. to pay the costs.

(1) OJ C 22, 23.1.2017.
EN Official Journal of the European Union C 283/45

Judgment of the General Court of 13 July 2017 — OZ v EIB

(Case T-607/16) (1)

((Civil service - EIB staff - Sexual harassment - Investigation procedure - Investigation Panel’s report - Decision of the President of the EIB not to act on the complaint - No unlawful conduct by the EIB - Liability))

(2017/C 283/69)

Language of the case: English

Parties

Applicant: OZ (represented by: B. Maréchal, lawyer)

Defendant: European Investment Bank (EIB) (represented by: T. Gilliams, E. Raimond and G. Faedo, acting as Agents, and by A. Dal Ferro, lawyer)

Re:

Application under Article 270 TFEU seeking, first, annulment of the report of the Investigation Panel of the EIB of 14 September 2015 and the decision of the President of the EIB of 16 October 2015 not to act on the complaint of sexual harassment filed by the applicant and, second, compensation for the damage which the applicant claims to have suffered following that report and that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders OZ to pay the costs.

(1) OJ C 335, 12.9.2016 (case initially registered before the European Union Civil Service Tribunal as Case F-37/16 and transferred to the General Court of the European Union on 1 September 2016).
EN Official Journal of the European Union C 277/43

Judgment of the General Court of 29 June 2017 — Mr. Kebab v EUIPO – Mister Kebap (Mr. KEBAB)

(Case T-448/16) (1)

((EU trade mark - Opposition proceedings - Application for registration of the EU figurative mark Mr. KEBAB - Earlier Spanish figurative mark MISTER KEBAP - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2017/C 277/63)

Language of the case: Slovak

Parties

Applicant: Mr. Kebab s. r. o. (Košice-Západ, Slovakia) (represented by: L. Vojčík, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Mister Kebap, SL (Finestrat, Spain)

Re:

Action brought against the decision of the 2nd Board of Appeal of EUIPO of 11 May 2006 (Case R 987/2015-2), relating to opposition proceedings between Mister Kebap and Mr. Kebab.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr. Kebab s. r. o. to pay the costs.

(1) OJ C 383, 17.10.2016.
EN Official Journal of the European Union C 369/16

Judgment of the General Court of 15 September 2017 — sheepworld v EUIPO (Bester Papa)

(Case T-451/16) (1)

((EU trade mark - Application for EU word mark Bester Papa - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2017/C 369/23)

Language of the case: German

Parties

Applicant: sheepworld AG (Ursensollen, Germany) (represented by: S. von Rüden, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 26 May 2016 (Case R 94/2016-4) concerning an application for registration of the word sign Bester Papa as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders sheepworld AG to pay the costs.

(1) OJ C 364, 3.10.2016.
EN Official Journal of the European Union C 283/44

Judgment of the General Court of 19 July 2017 — Lackmann Fleisch- und Feinkostfabrik v EUIPO (медведь)

(Case T-432/16) (1)

((EU trade mark - Application for EU figurative mark медведь - Absolute ground for refusal - No distinctive character - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009))

(2017/C 283/67)

Language of the case: German

Parties

Applicant: Lackmann Fleisch- und Feinkostfabrik GmbH (Bühl, Germany) (represented by: A. Lingenfelser, lawyer)

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

Re:

Action brought against the decision of the first Board of Appeal of EUIPO of 17 May 2016 (Case R 240/2016-1), relating to an application for registration of the figurative sign медведь as an EU trade mark.

Operative part of the judgment

The General Court:

1. Dismisses the action;

2. Orders Lackmann Fleisch- und Feinkostfabrik GmbH to pay the costs.

(1) OJ C 364, 3.10.2016.
EN Official Journal of the European Union C 382/42

Judgment of the General Court of 28 September 2017 — Hristov v Commission and EMA

(Joined Case T-495/16 RENV I and T-496/16 RENV II) (1)

((Civil Service - Appointment - Position of executive director of a regulatory agency - EMA - Selection and appointment procedure - Composition of the pre-selection panel - Impartiality - Assessment criteria - Appointment of another candidate - Res judicata))

(2017/C 382/50)

Language of the case: Bulgarian

Parties

Applicant: Emil Hristov (Sofia, Bulgaria) (represented by: in Case T-495/16 RENV I, M. Ekimdzhiev, K. Boncheva and G. Chernicherska and, in Case T-496 RENV II, initially M. Ekimdzhiev, K. Boncheva and G. Chernicherska, then M. Ekimdzhiev and K. Boncheva, lawyers)

Defendants: European Commission and European Medicines Agency (EMA) (represented by: G. Berscheid and N. Nikolova, acting as Agents)

Re:

Action brought under Article 270 TFEU and seeking, in particular, annulment of the Commission decision of 20 April 2011 by which it proposed to the EMA’s Management Board a list of four candidates recommended by the pre-selection panel and approved by the Consultative Committee on Appointments and of the decision of the EMA’s Management Board of 6 October 2011 appointing the Executive Director of the EMA and seeking compensation for the harm allegedly suffered by the applicant as a result of those decisions.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Emil Hristov to pay the costs incurred in Cases F-2/12, T-26/15 P, T-27/15 P, T-495/16 RENV I and T-495/16 RENV II.

(1) OJ C 184, 23.6.2012 (case initially registered before the European Union Civil Service Tribunal under Case No F-2/12).
EN Official Journal of the European Union C 374/34

Judgment of the General Court of 21 September 2017 — the Logistical Approach v EUIPO — Idea Groupe (Idealogistic)

(Case T-620/16) (1)

((European trade mark - Opposition proceedings - Application for the EU figurative mark Idealogistic - Earlier national word mark idéa logistique - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) Regulation (EC) No 207/2009 - Examination of the facts of its own motion - Article 76(1) of Regulation No 207/2009))

(2017/C 374/51)

Language of the case: French

Parties

Applicant: The Logistical Approach (Uden, the Netherlands) (represented by: R. Milchior, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Idea Groupe (Montoir de Bretagne, France) (represented by: P. Langlais, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 20 June 2016 (Case R 1435/2015-4), relating to opposition proceedings between Idea Groupe and The Logistical Approach.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders The Logistical Approach BV to pay the costs.

(1) OJ C 402, 31.10.2016.
EN Official Journal of the European Union C 402/32

Judgment of the General Court of 17 October 2017 — Murka v EUIPO (SCATTER SLOTS)

(Case T-704/16) (1)

((EU trade mark - Application for the EU word mark SCATTER SLOTS - Absolute ground for refusal - Descriptiveness - Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) - Distinctive character acquired through use - Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation (EU) 2017/1001)))

(2017/C 402/41)

Language of the case: English

Parties

Applicant: Murka Ltd (Tortola, British Virgin Islands) (represented by: S. Santos Rodriguez, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 21 June 2016 (Case R 471/2016-1), concerning the application for registration of the word sign SCATTER SLOTS as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Murka Ltd to pay the costs.

(1) OJ C 454, 5.12.2016.
EN Official Journal of the European Union C 392/21

Judgment of the General Court of 4 October 2017 — 1. FC Köln v EUIPO (SPÜRBAR ANDERS.)

(Case T-126/16) (1)

((EU trade mark - Application for the EU word mark SPÜRBAR ANDERS. - Absolute grounds for refusal - No distinctive character - Article 7(1)(b) and (2) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (2) of Regulation (EU) 2017/1001)))

(2017/C 392/25)

Language of the case: German

Parties

Applicant: 1. FC Köln GmbH & Co. KGaA (Cologne, Germany) (represented by: G. Hasselblatt, V. Töbelmann and S. Stier, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 7 January 2016 (Case R 718/2015-1), concerning an application for registration of the word sign SPÜRBAR ANDERS. as an EU trade mark.

Operative part of the judgment

The Court:

1. The action is dismissed;

2. 1. FC Köln GmbH & Co. KGaA is ordered to pay the costs.

(1) OJ C 165, 10.5.2016.
EN Official Journal of the European Union C 424/31

Judgment of the General Court of 26 October 2017 — VIMC v Commission

(Case T-431/16) (1)

((Competition - Abuse of dominant position - Private healthcare market - Article 13(1) of Regulation (EC) No 1/2003 - Decision rejecting a complaint - Handing of the case by a Member State’s competition authority))

(2017/C 424/45)

Language of the case: German

Parties

Applicant: VIMC — Vienna International Medical Clinic GmbH (Kulmbach, Germany) (represented by: R. Bramerdorfer and H. Grubmüller, lawyers)

Defendant: European Commission (represented by: A. Dawes and C. Vollrath, acting as Agents)

Re:

Application made on the basis of Article 263 TFEU seeking the annulment of Commission Decision C (2016) 3351 final of 27 May 2016, rejecting the applicant’s complaint concerning a breach of Article 102 TFEU allegedly committed by the Wirtschaftskammer Österreich (WKO, Austrian Federal Economic Chamber) or the Fachverband der Gesundheitsbetriebe (professional association of undertakings in the healthcare sector, Austria) (Case AT.40231 — VIMC v WK&FGB).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders VIMC — Vienna International Medical Clinic GmbH to pay the costs.

(1) OJ C 371, 10.10.2016.
Case T-418/16: Judgment of the General Court of 23 October 2017 — Galletas Gullón v EUIPO — O2 Holdings (Shape of a packet of biscuits) (EU trade mark — Revocation proceedings — Three-dimensional EU trade mark — Shape of a packet of biscuits — Declaration of revocation — Extent of use — No alteration of distinctive character)

Judgment of the General Court of 23 October 2017 — Galletas Gullón v EUIPO — O2 Holdings (Shape of a packet of biscuits)

(Case T-418/16) ( 1 )

‛(EU trade mark — Revocation proceedings — Three-dimensional EU trade mark — Shape of a packet of biscuits — Declaration of revocation — Extent of use — No alteration of distinctive character)’

Parties

Applicant: Galletas Gullón, SA (Aguilar de Campoo, Spain) (represented by: I. Escudero Pérez, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: O2 Holdings Ltd (Slough, United Kingdom) (represented by: J. Rebling, Solicitor)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 19 May 2016 (Case R 1614/2015-4), relating to revocation proceedings between O2 Holdings Ltd and Galletas Gullón.

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 19 May 2016 (Case R 1614/2015-4), relating to revocation proceedings between O2 Holdings Ltd and Galletas Gullón;

2. Orders EUIPO and O2 Holdings Ltd to pay the costs.

( 1 ) OJ C 343, 19.9.2016.
EN Official Journal of the European Union C 5/35

Judgment of the General Court of 17 November 2017 — Teeäär v ECB

(Case T-555/16) (1)

((Civil service - ECB Staff - Career transition Support - Lack of competence of the author of an act adversely affecting a party - Rules of sound administration in the management of staff - Material and non-material damage))

(2018/C 005/46)

Language of the case: English

Parties

Applicant: Raivo Teeäär (Tallinn, Estonia) (represented by: initially, L. Levi and M. Vandenbussche, and subsequently, L. Levi, lawyers)

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

Re:

Application based on Article 270 TFEU and seeking, first, annulment of the ECB’s decision of 18 August 2014 rejecting the applicant’s application for career transition support and, secondly, compensation in respect of the material and non-material harm allegedly suffered by the applicant

Operative part of the judgment

The Court:

1. Annuls the decision of the European Central Bank (ECB) of 18 August 2014 rejecting Mr Raivo Teeäär’s application for the career transition support put in place by that institution;

2. Dismisses the action as to the remainder;

3. Orders the ECB to pay the costs.

(1) OJ C 279, 24.8.2015 (case initially registered before the Civil Service Tribunal of the European Union under number F-86/15 and transferred to the General Court of the European Union on 1.9.2016).
EN Official Journal of the European Union C 5/36

Judgment of the General Court of 14 November 2017 — De Meyer and Others v Commission

(Case T-667/16 P) (1)

((Appeal - Civil service - Officials - Promotion - 2014 promotion exercise - List of officials proposed for promotion by the Directors-General and heads of service - Omission of the appellants’ names - Obligation to state reasons - No error of law - No distortion of the evidence - Application for the recusal of a judge))

(2018/C 005/48)

Language of the case: English

Parties

Appellants: Pieter De Meyer (Brussels, Belgium) and the other appellants whose names appear in the annex to the judgment (represented by R. Rata, lawyer)

Other party to the proceedings: European Commission (represented initially by G. Berscheid, C. Berardis-Kayser and A.-A. Gilly, and subsequently by G. Berscheid, G. Gattinara and C. Berardis-Kayser, acting as Agents)

Re:

APPEAL brought against the judgment of the European Union Civil Service Tribunal (Single Judge) of 20 July 2016, Adriaen and Others v Commission (F-113/15, EU:F:2016:162), and seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal.

2. Orders Mr Pieter De Meyer and the other officials whose names appear in the annex to bear their own costs and to pay those incurred by the European Commission in the present appeal proceedings.

(1) OJ C 441, 28.11.2016.
EN Official Journal of the European Union C 32/24

Judgment of the General Court of 6 December 2017 — Tulliallan Burlington v EUIPO — Burlington Fashion (BURLINGTON THE ORIGINAL)

(Case T-121/16) (1)

((EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative mark BURLINGTON THE ORIGINAL - Earlier national word marks BURLINGTON and BURLINGTON ARCADE - Earlier EU and national figurative marks BURLINGTON ARCADE - 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) - Use in the course of trade of a sign of more than mere local significance - Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) - Unfair advantage taken of the distinctive character or the repute of the earlier trade marks - Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)))

(2018/C 032/31)

Language of the case: English

Parties

Applicant: Tulliallan Burlington Ltd (St Helier, Jersey) (represented by: A. Norris, Barrister)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Burlington Fashion GmbH (Schmallenberg, Germany) (represented by: A. Parr, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 11 January 2016 (Case R 2501/2013-4), relating to opposition proceedings between Tulliallan Burlington and Burlington Fashion.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Tulliallan Burlington Ltd to pay the costs.

(1) OJ C 175, 17.5.2016.