ddrg/super_eurlex huggingface dataset:
Judgment of the General Court of 5 December 2018 — Campbell v Commission

(Case T-312/17) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Documents concerning an infringement procedure brought by the Commission against the Republic of Lithuania - Refusal of access - Exception relating to the protection of inspections, investigations and audits - General presumption - Overriding public interest))

(2019/C 44/39)

Language of the case: English

Parties

Applicant: Liam Campbell (Dundalk, Ireland) (represented by: J. MacGuill and E. Martin-Vignerte, Solicitors)

Defendant: European Commission (represented by: C. Ehrbar and M. Konstantinidis, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2017) 2448 final of 7 April 2017 refusing access to documents relating to infringement procedure 2013/0406 against the Republic of Lithuania regarding the application of Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (OJ 2010 L 280, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Liam Campbell and the European Commission each to bear their own costs.

(1) OJ C 249, 31.7.2017.
Official Journal of the European Union

Judgment of the General Court of 10 January 2019 — RY v Commission

(Case T-160/17) (1)

((Civil service - Temporary staff - Article 2(c) of the Conditions of Employment of Other Servants - Open-ended contract - Dismissal - Breakdown in the relationship of trust - Right to be heard - Burden of proof))

(2019/C 93/62)

Language of the case: French

Parties

Applicant: RY (represented initially by J.-N. Louis and N. de Montigny, and subsequently by J.-N. Louis, lawyers)

Defendant: European Commission (represented by: G. Berscheid and L. Radu Bouyon, acting as Agents)

Re:

Application on the basis of Article 270 TFEU seeking annulment of the decision of the Commission of 27 April 2016 terminating the applicant’s open-ended contract.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Commission of 27 April 2016 terminating RY’s open-ended contract;

2. Orders the Commission to pay the costs.

(1) OJ C 144, 8.5.2017.
Official Journal of the European Union

Judgment of the General Court of 12 December 2018 — Vitromed v EUIPO — Vitromed Healthcare (VITROMED Germany)

(Case T-821/17) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark VITROMED Germany - Earlier EU word mark Vitromed - 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)))

(2019/C 82/63)

Language of the case: German

Parties

Applicant: Vitromed GmbH (Jena, Germany) (represented by: M. Linß, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Vitromed Healthcare (Jaipur, India) (represented by: J. Schmidt, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 26 September 2017 (Case R 2402/2016-2) relating to opposition proceedings between Vitromed Healthcare and Vitromed.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Vitromed GmbH to pay the costs.

(1) OJ C 52, 12.2.2018.
Judgment of the General Court of 7 February 2019 — Swemac Innovation v EUIPO — SWEMAC Medical Appliances (SWEMAC)

(Case T-287/17) (1)

((EU trade mark - Invalidity proceedings - EU word mark SWEMAC - Earlier national company name or trade name SWEMAC Medical Appliances AB - Relative ground for refusal - Limitation in consequence of acquiescence - Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 60(1)(c) of Regulation (EU) 2017/1001) - Likelihood of confusion - Article 54(2) of Regulation No 207/2009 (now Article 61(2) of Regulation 2017/1001) - Article 8(4) of Regulation No 207/2009 (now Article 8(4) of Regulation 2017/1001) - Evidence presented for the first time before the General Court))

(2019/C 103/34)

Language of the case: English

Parties

Applicant: Swemac Innovation AB (Linköping, Sweden) (represented by: G. Nygren, 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: SWEMAC Medical Appliances AB (Täby, Sweden) (represented by: P. Jonsell, lawyer)

Re:

Application brought against the decision of the Fifth Board of Appeal of EUIPO of 24 February 2017 (Case R 3000/2014-5) relating to invalidity proceedings between Swemac Innovation and SWEMAC Medical Appliances.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Swemac Innovation AB to pay the costs, including those necessarily incurred by SWEMAC Medical Appliances AB for the purposes of the proceedings before the Board of Appeal of the European Union Intellectual Property Office (EUIPO).

(1) OJ C 213, 3.7.2017.
Judgment of the General Court of 7 February 2019 — RK v Council

(Case T-11/17) (1)

((Civil service - Officials - Article 42c of the Staff Regulations - Placing official on leave in the interests of the service - Equal treatment - Prohibition of discrimination on the grounds of age - Manifest error of assessment - Right to be heard - Duty to have regard for the welfare of officials - Responsibility))

(2019/C 103/29)

Language of the case: French

Parties

Applicant: RK (represented initially by: L. Levi and A. Tymen and subsequently by L. Levi, lawyers)

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

Intervener in support of the defendant: European Parliament (represented by A. Troupiotis and J. A. Steele, acting as Agents)

Re:

Application based on 270 TFEU and seeking, first, annulment of the undated decision of the Council to place the applicant on leave in the interests of the service on the basis of Article 42c of the Staff Regulations of Officials of the European Union and, in so far as necessary, of the decision of 27 September 2016 rejecting the complaint lodged by the applicant and, secondly, compensation for the loss allegedly suffered by the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders RK to bear 80 % of her own costs.

3. Orders the Council of the European Union to bear its own costs and 20 % of the costs incurred by RK.

4. Orders the European Parliament to pay its own costs.

(1) OJ C 95, 27.3.2017.
Official Journal of the European Union

Judgment of the General Court of 20 March 2019 — Grammer v EUIPO (Representation of a shape)

(Case T-762/17) (1)

(EU trade mark - Application for EU figurative mark representing a shape - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001))

(2019/C 155/49)

Language of the case: German

Parties

Applicant: Grammer AG (Amberg, Germany) (represented by: J. Bühling and D. Graetsch, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 6 September 2017 (Case R 2250/2016-4), concerning an application for registration of a shape as an EU figurative mark.

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 6 September 2017 (Case R-2250/2016).

2. Orders EUIPO to pay the costs, including the costs necessarily incurred by Grammer AG for the purposes of the proceedings before the Board of Appeal of EUIPO.

(1) OJ C 22, 22.1.2018.
Judgment of the General Court of 12 February 2019 — Printeos v Commission

(Case T-201/17) (1)

(Non-contractual liability - Competition - Cartels - Decision finding infringement of Article 101 TFEU - Fines - Judgment annulling the decision in part - Reimbursement of the principal amount of the fine - Default interest - Sufficiently serious breach of a rule of law conferring rights on individuals - Causal link - Harm - Article 266 TFEU - Article 90(4)(a), second sentence, of Delegated Regulation (EU) No 1268/2012)

(2019/C 122/17)

Language of the case: Spanish

Parties

Applicant: Printeos, SA (Alcalá de Henares, Spain) (represented by: H. Brokelmann and P. Martínez-Lage Sobredo, lawyers)

Defendant: European Commission (represented by: F. Dintilhac and F. Jimeno Fernández, acting as Agents)

Re:

Principally, application under Article 268 TFEU seeking compensation in respect of the harm suffered as a result of the Commission’s refusal to pay the applicant default interest on the principal amount of a fine which was reimbursed following the annulment of its Decision C(2014) 92 95 final of 10 December 2014 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (AT.39780 — Envelopes), by the judgment of 13 December 2016, Printeos and Others v Commission (T-95/15, EU:T:2016:722); and, in the alternative, application under Article 263 TFEU seeking annulment of the Commission’s decision of 26 January 2017 refusing that reimbursement.

Operative part of the judgment

1. The European Union, represented by the European Commission, is required to pay compensation in respect of the damage suffered by Printeos, SA, on account of the failure to pay to that company the amount of EUR 184 592.95 due to it in respect of default interest, incurred during the period from 9 March 2015 to 1 February 2017, pursuant to the first paragraph of Article 266 TFEU, in enforcement of the judgment of 13 December 2016, Printeos and Others v Commission (T-95/15);

2. The compensation referred to in paragraph 1 is to bear default interest, starting from the date of delivery of this judgment and continuing until full payment, at the rate set by the European Central Bank (ECB) for its principal refinancing operations, plus 3.5 percentage points;

3. The action is dismissed as to the remainder;

4. The Commission is ordered to pay the costs.

(1) OJ C 168, 29.5.2017.
Official Journal of the European Union

Judgment of the General Court of 4 April 2019 — ClientEarth v Commission

(Case T-108/17) (1)

(REACH - Regulation (EC) No 1907/2006 - Bis(2-ethylhexyl) phthalate (DEHP) - Request for internal review of a decision on marketing authorisation rejected as unfounded - Error of law - Manifest error of assessment - Article 10 of Regulation (EC) No 1367/2006)

(2019/C 187/70)

Language of the case: English

Parties

Applicant: ClientEarth (London, United Kingdom) (represented by: A. Jones, Barrister)

Defendant: European Commission (represented by: G. Gattinara, R. Lindenthal and K. Mifsud-Bonnici, acting as Agents)

Intervener in support of the defendant: European Chemicals Agency (represented by: M. Heikkilä and W. Broere, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking the annulment of the letter of the Commission of 7 December 2016 by which that institution rejected a request for internal review of 2 August 2016 against Commission Implementing Decision C(2016) 3549 final of 16 June 2016, granting an authorisation for uses of bis(2-ethylhexyl) phthalate (DEHP) under Regulation (EC) No 1907/2006 of the European Parliament and of the Council.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders ClientEarth to bear its own costs and to pay the costs incurred by the European Commission;

3. Orders the European Chemicals Agency (ECHA) to bear its own costs.

(1) OJ C 121, 18.4.2017.
Official Journal of the European Union

Judgment of the General Court of 4 April 2019 — United Wineries v EUIPO — Compañía de Vinos Miguel Martín (VIÑA ALARDE)

(Case T-779/17) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark VIÑA ALARDE - Earlier national word mark ‘ALARDE’ - Proof of genuine use of the earlier mark - Article 42(2) and (3) of Regulation (EC) No 207/2009 (now Article 47(2) and (3) of Regulation (EU) 2017/1001) - Relative ground for refusal - Likelihood of confusion - Identity of the goods - Similarity of the signs - Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001))

(2019/C 172/44)

Language of the case: Spanish

Parties

Applicant: United Wineries, SA (Cenicero, Spain) (represented by: J. Oria Sousa-Montes, lawyer)

Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas and J. Crespo Carrillo, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Compañía de Vinos Miguel Martín, SL (Cigales, Spain)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 25 September 2017 (Case R 281/2017-5) relating to opposition proceedings between Compañía de Vinos Miguel Martín and United Wineries.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders United Wineries, SA to pay the costs.

(1) OJ C 42, 5.2.2018.
Official Journal of the European Union

Judgment of the General Court of 14 May 2019 — Marinvest and Porting v Commission

(Case T-728/17) (1)

(State aid - Pleasure port infrastructure - Concession for the management of a port and the provision of infrastructures and services without economic consideration - Decision finding that there is no State aid - Effect on trade between Member States)

(2019/C 230/37)

Language of the case: Italian

Parties

Applicants: Marinvest d.o.o. (Izola, Slovenia) and Porting d.o.o. (Izola) (represented by: G. Cecovini Amigoni and L. Daniele, lawyers)

Defendant: European Commission (represented by: P. Stancanelli, S. Noë and D. Recchia, acting as Agents)

Interveners in support of the defendant: Federal Republic of Germany (represented by: initially T. Henze and R. Kanitz, and subsequently R. Kanitz, acting as Agents), Javno podjetje komunala Izola d.o.o. (Izola, Slovenia) (represented by: A. Mužina, lawyer)

Re:

Application based on Article 263 TFEU seeking annulment of Commission decision C(2017) 5049 final of 20 July 2017 on State aid SA.45220 (2016/FC) — Slovenia — Alleged aid in favour of Komunala Izola d.o.o.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Marinvest d.o.o. and Porting d.o.o. to bear their own costs and to pay those incurred by the European Commission;

3. Orders the Federal Republic of Germany and Javno podjetje komunala Izola d.o.o. to bear their own costs.

(1) OJ C 22, 22.1.2018.
Judgment of the General Court of 30 April 2019 — Wattiau v Parliament

(Case T-737/17) (1)

(Civil service - Social Security - JSIS - Reimbursement of medical costs - Agreement concluded inter alia between the European Union, Luxembourg and the Entente des hôpitaux luxembourgeois on the scales of fees for hospital care received by JSIS members - Plea of illegality - Principle of non-discrimination on grounds of nationality - First paragraph of Article 18 TFEU - Articles 20 and 21 of the Charter of Fundamental Rights - Article 39 of the Joint rules on sickness insurance for officials)

(2019/C 213/28)

Language of the case: French

Parties

Applicant: Francis Wattiau (Bridel, Luxembourg) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Parliament (represented by: M. Rantala and J. Van Pottelberge, Agents)

Intervener in support of the applicant: Association des seniors de la fonction publique européenne (SFPE) (Brussels, Belgium) (represented by S. Orlandi and T. Martin, lawyers)

Re:

Application on the basis of Article 270 TFEU and seeking annulment, first, of the decision of the Luxembourg Settlements Office of the Joint Sickness Insurance Scheme of the European Union, as evidenced in payment slip No 244 of 25 January 2017, rendering the applicant liable for payment of the sum of EUR 843.01 and, secondly, of the decision of the Secretary General of the Parliament, as the appointing authority, of 2 August 2017, confirming that decision.

Operative part of the judgment

The Court:

1. Annuls the decision of the Luxembourg Settlements Office of the Joint Sickness Insurance Scheme, as evidenced in payment slip No 244 of 25 January 2017, rendering Mr Francis Wattiau liable for payment of the sum of EUR 843.01, corresponding to 15 % of the medical bill of 30 May 2016;

2. Orders the Parliament, in addition to bearing its own costs, to pay the costs incurred by Mr Wattiau.

(1) OJ C 32, 29.1.2018.
Official Journal of the European Union

Judgment of the General Court of 6 June 2019 — EIB v Syria

(Case T-543/17) (1)

(Arbitration clause - Syrian Healthcare Loan Agreement No 21595 - Non-performance of the agreement - Repayment of the sums advanced - Default interest - Procedure by default)

(2019/C 280/50)

Language of the case: English

Parties

Applicant: European Investment Bank (represented initially by P. Chamberlain, T. Gilliams, F. Oxangoiti Briones and J. Shirran, and subsequently by F. Oxangoiti Briones, J. Klein and J. Shirran, acting as Agents, and D. Arts, lawyer, and T. Cusworth, Solicitor)

Defendant: Syrian Arab Republic

Re:

Action pursuant to Article 272 TFEU, seeking an order that the Syrian Arab Republic repay sums due under Syrian Healthcare Loan Agreement No 21595, plus default interest.

Operative part of the judgment

The Court:

1. Orders the Syrian Arab Republic to repay the European Union, represented by the European Investment Bank (EIB) the sums of EUR 62 646 209,04 and 3 582 381,15 US dollars (USD);

2. Declares that those sums are to bear default interest, in accordance with the method laid down in Article 3.02 of Syrian Healthcare loan agreement No 21595, entered into by the EIB and the Syrian Arab Republic on 15 June 2002 and amended on 17 October and 29 November 2007, on the principal amounts and on the contractual interest, from 9 August 2017 until the date that payment is made;

3. Dismisses the action as to the remainder;

4. Orders the Syrian Arab Republic to pay the costs.

(1) OJ C 369, 30.10.2017.
Official Journal of the European Union

Judgment of the General Court of 6 June 2019 — Dalli v Commission

(Case T-399/17) (1)

(Non-contractual liability - Investigation by OLAF - Sufficiently serious breach of a rule of law conferring rights on individuals - Non-material damage - Causal link)

(2019/C 255/39)

Language of the case: English

Parties

Applicant: John Dalli (St. Julians, Malta) (represented by: L. Levi and S. Rodrigues, lawyers)

Defendant: European Commission (represented by: J. P. Keppenne and J. Baquero Cruz, Agents)

Re:

Action under Article 268 TFEU seeking compensation for damage allegedly suffered by the applicant as a result of the illegal conduct of the Commission and the European Anti-Fraud Office (OLAF), connected with the termination of his office as a Member of the Commission on 16 October 2012.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr John Dalli to bear his own costs as well as those incurred by the European Commission.

(1) OJ C 277, 21.8.2017.
Official Journal of the European Union

Judgment of the General Court of 12 July 2019 — Île-de-France Region v Commission

(Case T-292/17) (1)

(State aid - Aid scheme unlawfully implemented by France between 1994 and 2008 - Investment subsidies awarded by the Île-de-France Region - Decision declaring the aid scheme compatible with the internal market - Advantage - Selective nature - Article 107(1) TFEU - Obligation to state reasons - Concepts of ‘existing aid’ and ‘new aid’ - Article 108 TFEU - Article 1, (b) (i) and (v) of Regulation (EU) 2015/1589)

(2019/C 328/45)

Language of the case: French

Parties

Applicant: Île-de-France Region (France) (represented by: J.-P. Hordies, lawyer)

Defendant: European Commission (represented by: L. Armati, C. Georgieva-Kecsmar and T. Maxian Rusche, acting as Agents)

Re:

Application on the basis of Article 263 TFEU seeking the annulment in part of Commission Decision (EU) 2017/1470 of 2 February 2017 on State aid schemes SA.26763 2014/C (ex 2012/NN) implemented by France in favour of bus transport undertakings in the Île-de-France Region (OJ 2017 L 209, p. 24).

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders Île-de-France Region to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 231, 17.7.2017.
Official Journal of the European Union

Judgment of the General Court of 3 July 2019 — Spain v Commission

(Case T-602/17) (1)

(EAGF and EAFRD - Expenditure excluded from financing - Expenditure made by Spain - Key checks - Criteria for recognition of producers’ bodies - Approval of operational programmes - Transfer of investments within the same operation programme - Legitimate expectations)

(2019/C 295/29)

Language of the case: French

Parties

Applicant: Kingdom of Spain (represented initially by: M. Sampol Pucurull and A. Gavela Llopis, then by: A. Gavela Llopis and finally by: S. Jiménez García, acting as Agents)

Defendant: European Commission (represented by: F. Castillo de la Torre, W. Farrell and M. Morales Puerta, acting as Agents)

Re:

Application on the basis of Article 263 TFEU seeking the annulment in part of Commission Implementing Decision (EU) 2017/1144 of 26 June 2017 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2017 L 165, p. 37), in so far as it excludes, as regards the Kingdom of Spain, the sum of EUR 7 097 397,27 from that financing.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 357, 23.10.2017.
Official Journal of the European Union

Judgment of the General Court of 20 September 2019 — Port de Bruxelles and Région de Bruxelles-Capitale v Commission

(Case T-674/17) (1)

(State aid - Corporate tax exemption scheme implemented by Belgium in favour of its ports - Decision declaring the aid scheme incompatible with the internal market - Concept of economic activity - Services of general economic interest - Non-economic activities - Severability - Selectivity - Article 93 TFEU and Article 106(2) TFEU)

(2019/C 406/33)

Language of the case: French

Parties

Applicants: Port de Bruxelles (Brussels, Belgium), Région de Bruxelles-Capitale (Belgium) (represented by: J. Vanden Eynde and E. Wauters, lawyers)

Defendant: European Commission (represented by: B. Stromsky and S. Noë, (acting as Agents)

Intervener in support of the applicants: Kingdom of Belgium (represented by: J.-C. Halleux, P. Cottin, L. Van den Broeck and C. Pochet, acting as Agents, and by A. Lepièce and H. Baeyens, lawyers

Re:

Application under Article 263 TFEU for annulment of Commission Decision (EU) 2017/2115 of 27 July 2017 on aid scheme SA.38393 (2016/C, ex 2015/E) implemented by Belgium — Taxation of ports in Belgium (OJ 2017 L 332, p.1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Port de Bruxelles and Région de Bruxelles-Capitale to pay, in addition to their own costs, the costs incurred by the European Commission;

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

(1) OJ C 382, 13.11.2017.