ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 198/35

Judgment of the General Court of 29 April 2015 — CC v Parliament

(Case T-457/13 P) (1)

((Appeal - Cross-appeal - Civil service - Open competition - Errors in the management of the list of successful candidates - Non-contractual liability - Material harm - Legitimate expectations - Distortion of the facts - Loss of an opportunity - Non-material harm - Obligation to state reasons))

(2015/C 198/46)

Language of the case: French

Parties

Appellant: CC (Bridel, Luxembourg) (represented by: G. Maximini, lawyer)

Other party to the proceedings: European Parliament (represented by: M. Ecker and E. Despotopoulou, Agents)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Third Chamber) of 11 July 2013 in CC v Parliament (F-9/12, ECR-SC, EU:F:2013:116), and seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the European Union Civil Service Tribunal (Third Chamber) of 11 July 2013 in CC v Parliament (F-9/12);

2. Refers the case back to the Civil Service Tribunal;

3. Reserves the costs.

(1) OJ C 325, 9.11.2013.
EN Official Journal of the European Union C 262/19

Judgment of the General Court of 24 June 2015 — Italy v Commission

(Case T-527/13) (1)

((State aid - Milk levy - Aid granted by Italy to milk producers - Aid scheme linked to the reimbursement of the milk levy - Conditional decision - Failure to comply with a condition which allowed the aid to be considered compatible with the internal market - De minimis aid - Existing aid - New aid - Alteration to existing aid - Procedure for reviewing State aid - Obligation to state reasons - Burden of proof))

(2015/C 262/25)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent, assisted by S. Fiorentino and P. Grasso, lawyers)

Defendant: European Commission (represented by: D. Grespan, D. Nardi and P. Němečková, acting as Agents)

Re:

Application for annulment of Commission Decision 2013/665/EU of 17 July 2013 on the aid scheme SA.33726 (11/C) (ex SA.33726 (11/NN)) granted by Italy (deferral of payment of the milk levy) (OJ 2013 L 309, p. 40).

Operative part of the judgment

The Court:

1. Annuls Article 1(2) of Commission Decision 2013/665/EU of 17 July 2013 on the aid scheme SA.33726 (11/C) (ex SA.33726 (11/NN)) granted by Italy (deferral of payment of the milk levy);

2. Annuls Articles 2 and 4 of that decision in so far as they concern, first, the aid scheme covered by Article 1(2) and, secondly, the individual aid granted pursuant to that aid scheme;

3. Dismisses the action as to the remainder;

4. Orders the Italian Republic and the Commission to bear their own costs.

(1) OJ C 344, 23.11.2013.
EN Official Journal of the European Union C 236/38

Judgment of the General Court of 3 June 2015 — BP v FRA

(Case T-658/13) (1)

((Appeal - Civil service - Member of the contract staff - Staff of the European Union Agency for Fundamental Rights - Non-renewal of a fixed-term contract for an indefinite period - Right to be heard - Reassignment to another department until expiry of the contract - Assessment of the facts - Distortion of the clear sense of the evidence - Obligation to state reasons))

(2015/C 236/51)

Language of the case: English

Parties

Appellant: BP (Barcelona, Spain) (represented by: L. Levi and M. Vandenbussche, lawyers)

Other party to the proceedings: European Union Agency for Fundamental Rights (FRA) (represented by: M. Kjærum, acting as Agent, assisted by B. Wägenbaur, lawyer)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 30 September 2013 in BP v FRA (F-38/12, ECR-SC, EU:F:2013:138), seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the European Union Civil Service Tribunal (Second Chamber) of 30 September 2013 in BP v FRA (F-38/12, ECR-SC, EU:F:2013:138) in so far as it dismissed the application brought against the decision of the European Union Agency for Fundamental Rights (FRA), contained in a letter of 27 February 2012, not to renew BP’s contract of service as a member of the contract staff;

2. Annuls the decision of the FRA, contained in a letter of 27 February 2012, not to renew BP’s contract of service as a member of the contract staff;

3. Dismisses the appeal as to the remainder;

4. Orders BP and the FRA to bear their own costs relating to the proceedings before the Civil Service Tribunal and on appeal.

(1) OJ C 61, 1.3.2014.
EN Official Journal of the European Union C 302/48

Judgment of the General Court of 15 July 2015 — CSF v Commission

(Case T-337/13) (1)

((Approximation of the laws - Directive 2006/42/EC - Machinery bearing the ‘EC’ marking - Essential safety requirements - Risks to the safety of persons - Safeguard clause - Commission decision declaring a national measure prohibiting the placing on the market to be justified - Conditions governing the implementation of the safeguard clause - Manifest error of assessment - Equal treatment))

(2015/C 302/61)

Language of the case: Italian

Parties

Applicant: CSF Srl (Grumolo delle Abbadesse, Italy) (represented by: R. Santoro, S. Armellini and R. Bugaro, lawyers)

Defendant: European Commission (represented by: G. Zavvos, acting as Agent, and M. Pappalardo, lawyer)

Intervener in support of the defendant: Kingdom of Denmark (represented by: initially V. Pasternak Jørgensen and M. Wolff, then M. Wolff, C. Thorning, U. Melgaard and N. Lyshøj, acting as Agents)

Re:

Application for annulment of Commission Decision 2013/173/EU of 8 April 2013 on a measure taken by Denmark according to Article 11 of Directive 2006/42/EC of the European Parliament and of the Council prohibiting a type of multi-purpose earthmoving machinery (OJ 2013 L 101, p. 29).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders CSF Srl to bear its own costs and those incurred by the European Commission in the context of the present action and the proceedings for interim relief;

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

(1) OJ C 233, 10.8.2013.
Case T-214/13: Judgment of the General Court of 2 July 2015 — Typke v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to competition EPSO/AD/230-231/12 — Implied refusal to grant access — Refusal to grant access — Request for modification of the form of order sought submitted in the reply — Time-limit — Withdrawal of the implied decision — No need to adjudicate — Concept of a document — Extraction and organisation of information contained in electronic databases)

Judgment of the General Court of 2 July 2015 — Typke v Commission

(Case T-214/13) ( 1 )

‛(Access to documents — Regulation (EC) No 1049/2001 — Documents relating to competition EPSO/AD/230-231/12 — Implied refusal to grant access — Refusal to grant access — Request for modification of the form of order sought submitted in the reply — Time-limit — Withdrawal of the implied decision — No need to adjudicate — Concept of a document — Extraction and organisation of information contained in electronic databases)’

Parties

Applicant: Rainer Typke (Hasbergen, Germany) (represented by: B. Cortese and A. Salerno, lawyers)

Defendant: European Commission (represented by: B. Eggers and F. Clotuche-Duvieusart, acting as Agents)

Re:

Application for annulment, first, of the decision of the Secretariat-General of the Commission of 5 February 2013 refusing the applicant’s initial application for access to documents relating to the preselection tests for the open competition EPSO/AD/230-231/12 (AD 5-AD 7) (Gestdem 2012/3258) and, secondly, of the implied decision of the Secretariat-General of the Commission, deemed to have been taken on 13 March 2013, refusing the applicant’s second application for access to documents relating to those tests (Gestdem 2013/0068).

Operative part of the judgment

The Court:

1. Declares that there is no longer any need to adjudicate on the claim for annulment of the implied decision refusing access in procedure Gestdem 2013/0068;

2. Dismisses the action as to the remainder;

3. Orders Mr Rainer Typke to pay the costs.

( 1 ) OJ C 171, 15.6.2013.
EN Official Journal of the European Union C 363/34

Judgment of the General Court of 17 September 2015 — Ricoh Belgium v Council

(Case T-691/13) (1)

((Public service and supply contracts - Tender procedure - Black and white multifunction printers and maintenance services - Rejection of the bid made by a tenderer - Obligation to state reasons - Transparency))

(2015/C 363/42)

Language of the case: Dutch

Parties

Applicant: Ricoh Belgium NV (Vilvoorde, Belgium) (represented by: N. Braeckevelt and A. De Visscher, lawyers)

Defendant: Council of the European Union (represented by: M. Vitsentzatos and K. Michoel, acting as Agents, and B. Van Vooren and J. Weytjens, lawyers)

Re:

Application for annulment of the decision of the Council of 29 October 2013 not to accept the tender submitted by the applicant in tendering procedure UCA 034/13, relating to the purchase or hire of black and white multifunction printers (MFPs) and associated maintenance services in the buildings occupied by the General Secretariat of the Council (OJ 2013/S 83-138901), and to award the contract to another tenderer.

Operative part of the judgment

The Court:

1. Annuls the decision of the Council of 29 October 2013 not to accept the tender submitted by the applicant in tendering procedure UCA 034/13, relating to the purchase or hire of black and white multifunction printers (MFPs) and associated maintenance services in the buildings occupied by the General Secretariat of the Council in so far as it concerns lot No 4;

2. Orders the Council of the European Union to pay the costs.

(1) OJ C 52, 22.2.2014.
EN Official Journal of the European Union C 346/24

Judgment of the General Court of 10 September 2015 — H&M Hennes & Mauritz v OHIM — Yves Saint Laurent (Handbags)

(Case T-526/13) (1)

((Community design - Invalidity proceedings - Registered Community design representing handbags - Earlier design - Ground for invalidity - Individual character - Article 6 of Regulation (EC) No 6/2002 - Obligation to state reasons))

(2015/C 346/27)

Language of the case: English

Parties

Applicant: H&M Hennes & Mauritz BV & Co. KG (Hamburg, Germany) (represented by: H. Hartwig and A. von Mühlendahl, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Yves Saint Laurent SAS (Paris, France) (represented by: N. Decker, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 8 July 2013 (Case R 208/2012-3) relating to invalidity proceedings between H&M Hennes & Mauritz BV & Co. KG and Yves Saint Laurent SAS.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders H&M Hennes & Mauritz BV & Co. KG to pay the costs, including those incurred by Yves Saint Laurent SAS in the course of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

(1) OJ C 359, 7.12.2013.
EN Official Journal of the European Union C 389/27

Judgment of the General Court of 23 September 2015 — Appelrath-Cüpper v OHIM — Ann Christine Lizenzmanagement (AC)

(Case T-60/13) (1)

((Community trade mark - Opposition proceedings - Application for figurative Community trade mark AC - Earlier figurative national and international trade marks AC ANN CHRISTINE and earlier figurative Community trade marks AC ANN CHRISTINE OCEAN and AC ANN CHRISTINE INTIMATE - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 389/28)

Language of the case: English

Parties

Applicant: Reiner Appelrath-Cüpper Nachf. GmbH (Cologne, Germany) (represented by: C. Schumann and A. Berger, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Ann Christine Lizenzmanagement GmbH & Co. KG (Vienna, Austria) (represented by: M. Hartmann, N. Voß and S. Fröhlich, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 28 November 2012 (Case R 108/2012-4), concerning opposition proceedings between Ann Christine Lizenzmanagement GmbH & Co. KG and Reiner Appelrath-Cüpper Nachf. GmbH.

Operative part of the judgment

The Court:

1. Orders that the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 November 2012 (Case R 108/2012-4) is annulled in so far as it upheld in part the opposition brought by Ann Christine Lizenzmanagement GmbH & Co. KG;

2. Orders OHIM to bear its own costs and to pay half the costs incurred by Reiner Appelrath-Cüpper Nachf. GmbH;

3. Orders Ann Christine Lizenzmanagement GmbH & Co. KG to bear its own costs and to pay half the costs incurred by Reiner Appelrath-Cüpper Nachf. GmbH for the purposes of the proceedings before the Board of Appeal.

(1) OJ C 101, 6.4.2013.
EN Official Journal of the European Union C 389/30

Judgment of the General Court of 18 September 2015 — Petro Suisse Intertrade v Council

(Joined Cases T-156/13 and T-373/14) (1)

((Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Actions for annulment - Infra-State body - Locus standi and interest in bringing proceedings - Admissibility - Right to be heard - Obligation to notify - Obligation to state reasons - Rights of the defence - Manifest error of assessment - Right to property))

(2015/C 389/31)

Language of the case: English

Parties

Applicant: Petro Suisse Intertrade Co. SA (Pully, Switzerland) (represented by: J. Grayston, Solicitor, P. Gjørtler, G. Pandey, D. Rovetta, N. Pilkington and D. Sellers, lawyers)

Defendant: Council of the European Union (represented by: M. Bishop and I. Rodios, acting as Agents)

Re:

Application for annulment, first, of Council Decision 2012/829/CFSP of 21 December 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 356, p. 71) and also of Council Implementing Regulation (EU) No 1264/2012 of 21 December 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2012 L 356, p. 55), and, secondly, of the Council’s decision contained in its letter of 14 March 2014 to maintain the restrictive measures taken against the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Petro Suisse Intertrade Co. SA to bear its own costs and to pay those incurred by the Council of the European Union.

(1) OJ C 147, 25.5.2013.
EN Official Journal of the European Union C 429/16

Judgment of the General Court of 29 October 2015 — Lithuania v Commission

(Case T-110/13) (1)

((Community assistance programme for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe (SAPARD) - Financing by the European Union of certain expenditure incurred by Lithuania - Commission decision requiring Lithuania to reimburse part of the amount paid - Article 9(1) of Regulation (EC) No 1268/1999 - Reference to the principles established by Regulation (EC) No 1258/1999 - Scope of the multiannual financing agreement concerning the SAPARD programme - Sincere cooperation))

(2015/C 429/21)

Language of the case: Lithuanian

Parties

Applicant: Republic of Lithuania (represented by: D. Kriaučiūnas, R. Krasuckaitė, D. Skara and V. Čepaitė, acting as Agents)

Defendant: European Commission (represented by: F. Erlbacher, A. Steiblytė and G. von Rintelen, acting as Agents)

Re:

Principally, application for annulment of Decision No FK/fa/D(2012) 1707818 of the Commission of 10 December 2012 in so far as the debit note No 3241213460 attached to it relates to projects whose completion has been assigned to undertakings which have been placed in receivership and to Project P27010010.

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders the Republic of Lithuania to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 129, 4.5.2013.
EN Official Journal of the European Union C 398/39

Judgment of the General Court of 8 October 2015 — Czech Republic v Commission

(Cases T-659/13 and T-660/13) (1)

((Transport - Directive 2010/40/EU - Intelligent Transport Systems - Delegated Regulation (EU) No 885/2013 - Provision of information services for safe and secure parking places for trucks and commercial vehicles - Article 3(1), Article 8 and Article 9(1)(a) of Delegated Regulation No 885/2013 - Delegated Regulation (EU) No 886/2013 - Data and procedures for the provision of road safety-related minimum universal traffic information free of charge to users - Article 5(1), Article 9 and Article 10(1)(a) of Delegated Regulation No 886/2013))

(2015/C 398/49)

Language of the case: Czech

Parties

Applicant: Czech Republic (represented by: M. Smolek and J. Vláčil, acting as Agents)

Defendant: European Commission (represented by: J. Hottiaux, Z. Malůšková and K. Walkerová, acting as Agents)

Re:

In Case T-659/13, application for annulment of Commission Delegated Regulation (EU) No 885/2013 of 15 May 2013 supplementing ITS Directive 2010/40/EU of the European Parliament and of the Council with regard to the provision of information services for safe and secure parking places for trucks and commercial vehicles (OJ 2013 L 247, p. 1) and, in the alternative, application for annulment of Article 3(1), Article 8 and Article 9(1)(a) of Delegated Regulation No 885/2013, and, in Case T-660/13, application for annulment of Commission Delegated Regulation (EU) No 886/2013 of 15 May 2013 supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to data and procedures for the provision, where possible, of road safety-related minimum universal traffic information free of charge to users (OJ 2013 L 247, p. 6) and, in the alternative, application for annulment of Article 5(1), Article 9 and Article 10(1)(a) of Delegated Regulation No 886/2013.

Operative part of the judgment

The Court:

1. Joins Cases T-659/13 and T-660/13 for the purposes of the judgment;

2. Dismisses the actions;

3. Orders the Czech Republic to pay the costs.

(1) OJ C 45, 15.2.2014.
EN Official Journal of the European Union C 27/38

Judgment of the General Court of 26 November 2015 — Comunidad Autónoma de Cataluña and CTTI v Commission

(Case T-465/13) (1)

((State aid - Digital television - Aid for the deployment of digital terrestrial television in remote and less-urbanised areas in Spain - Decision declaring aid to be partly compatible and partly incompatible with the internal market - Advantage - Service of general economic interest - Article 107(3)(c) TFEU - New aid))

(2016/C 027/44)

Language of the case: Spanish

Parties

Applicants: Comunidad Autónoma de Cataluña (Spain) and Centre de Telecomunicacions i Tecnologies de la Informació de la Generalitat de Catalunya (CTTI) (Hospitalet de Llobregat, Spain) (represented by: initially J. Buendía Sierra, N. Ruiz García, M. Muñoz de Juan and M. Reverter Baquer, then J. Buendía Sierra, N. Ruiz García, M. Reverter Baquer and A. Lamadrid de Pablo, and finally J. Buendía Sierra, M. Reverter Baquer and A. Lamadrid de Pablo, lawyers)

Defendant: European Commission (represented by: É. Gippini Fournier, B. Stromsky and P. Němečková, acting as Agents)

Intervener in support of the defendant: SES Astra (Betzdorf, Luxembourg) (represented by: F. González Díaz, F. Salerno, V. Romero Algarra, lawyers)

Re:

Application for annulment of Commission Decision 2014/489/EU of 19 June 2013 on State aid SA.28599 [(C 23/2010) (ex NN 36/010, ex CP 163/2009)] implemented by the Kingdom of Spain for the deployment of digital terrestrial television in remote and less-urbanised areas (other than Castilla-La Mancha) (OJ 2014 L 217, p. 52).

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Comunidad Autónoma de Cataluña (Spain) and Centre de Telecomunicacions i Tecnologies de la Informació de la Generalitat de Catalunya (CTTI) to bear their own costs and to pay those incurred by the European Commission and by SES Astra.

(1) OJ C 304, 19.10.2013.
EN Official Journal of the European Union C 7/22

Judgment of the General Court of 11 November 2015 — Dyson v Commission

(Case T-544/13) (1)

((Directive 2010/30/EU - Indication by labelling and standard product information of the consumption of energy and other resources by energy-related products - Delegated Regulation (EU) No 665/2013 - Competence of the Commission - Equal treatment - Obligation to state reasons))

(2016/C 007/30)

Language of the case: English

Parties

Applicant: Dyson Ltd (Malmesbury, United Kingdom) (represented by: F. Carlin, Barrister, E. Batchelor and M. Healy, Solicitors)

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

Re:

Application for annulment of Commission Delegated Regulation (EU) No 665/2013 of 3 May 2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of vacuum cleaners (OJ 2013 L 192, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Dyson Ltd to pay the costs.

(1) OJ C 344, 23.11.2013.
EN Official Journal of the European Union C 78/15

Judgment of the General Court of 14 January 2016 — Tilly-Sabco v Commission

(Case T-397/13) (1)

((Agriculture - Export refund - Poultry meat - Implementing regulation fixing the refund at EUR 0 - Action for annulment - Regulatory act not entailing implementing measures - Direct concern - Admissibility - Article 3(3) of Regulation (EU) No 182/2011 - Obligation to state reasons - Article 164(3) of Regulation (EC) No 1234/2007 - Legitimate expectations))

(2016/C 078/23)

Language of the case: French

Parties

Applicant: Tilly-Sabco (Guerlesquin, France) (represented by: R. Milchior, F. Le Roquais and S. Charbonnel, lawyers)

Defendant: European Commission (represented by: D. Bianchi and K. Skelly, acting as Agents)

Intervener in support of the applicant: Doux SA (Châteaulin, France) (represented by: J. Vogel, lawyer)

Re:

Application for annulment of Commission Implementing Regulation (EU) No 689/2013 of 18 July 2013 fixing the export refunds on poultrymeat (OJ 2013 L 196, p. 13).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Tilly-Sabco to pay its own costs, including those relating to the interim proceedings;

3. Orders the European Commission to pay its own costs, including those relating to the interim proceedings;

4. Orders Doux SA to pay its own costs;

5. Orders the French Republic to pay its own costs incurred as an intervener in the interim proceedings.

(1) OJ C 291, 5.10.2013.