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

Judgment of the General Court of 16 December 2020 — BT v Commission

(Case T-315/19) (1)

(Civil service - Officials - Surviving spouse - Survivor’s pension - Articles 18 and 20 of Annex VIII to the Staff Regulations - Conditions for eligibility - Duration of the marriage - Plea of illegality - Equal treatment - Principle of non-discrimination on grounds of age - Proportionality)

(2021/C 62/33)

Language of the case: French

Parties

Applicant: BT (represented by: J.-N. Louis, lawyer)

Defendant: European Commission (represented by: B. Mongin, acting as Agent)

Intervener in support of the applicant: International Association of Former Officials of the European Union (AIACE International) (represented by: J. Van Rossum, lawyer)

Interveners in support of the defendant: European Parliament (represented by: J. Van Pottelberge and J. Steele, acting as Agents), Council of the European Union (represented by: M. Bauer and R. Meyer, acting as Agents)

Re:

Application under Article 270 TFEU seeking annulment of the Commission’s decision of 20 July 2018 rejecting the applicant’s request for a survivor’s pension.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Commission of 20 July 2018 rejecting BT’s request for a survivor’s pension;

2. Orders the Commission to pay, in addition to its own costs, the costs incurred by BT;

3. Orders the European Parliament and the Council of the European Union each to bear their own costs;

4. Orders the International Association of Former Officials of the European Union (AIACE International) to bear its own costs.

(1) OJ C 246, 22.7.2019.
Official Journal of the European Union

Judgment of the General Court of 9 December 2020 — Man and Machine v EUIPO — Bim Freelance (bim ready)

(Case T-819/19) (1)

(EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative mark bim ready - Earlier EU figurative mark BIM freelance - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Restriction of the services covered by the mark applied for)

(2021/C 35/61)

Language of the case: English

Parties

Applicant: Man and Machine Ltd (Thame, Oxfordshire, United Kingdom) (represented by: R. Peto and C. Neu, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Bim Freelance Corp. (Miami, Florida, United States)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 17 September 2019 (Case R 317/2019-1), relating to opposition proceedings between Bim Freelance and Man and Machine.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 17 September 2019 (Case R 317/2019-1);

2. Orders EUIPO to pay the costs.

(1) OJ C 27, 27.1.2020.
Judgment of the General Court of 3 February 2021 — Kande Mupompa v Council

(Case T-116/19) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Retention of the applicant’s name on the lists of persons covered - Obligation to state reasons - Right to be heard - Proof that inclusion and retention on the lists is well founded - Manifest error of assessment - Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures - Right to private and family life - Right to property - Presumption of innocence - Proportionality - Plea of illegality)

(2021/C 98/22)

Language of the case: French

Parties

Applicant: Alex Kande Mupompa (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, A. Guillerme and T. Payan, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix, H. Marcos Fraile, S. Van Overmeire and M.-C. Cadilhac, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2018/1940 of 10 December 2018 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2018 L 134, p. 47) and, second, Council Implementing Regulation (EU) 2018/1931 of 10 December 2018 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2018 L 314, p. 1), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Alex Kande Mupompa to pay the costs.

(1) OJ C 139, 15.4.2019.
Official Journal of the European Union

Judgment of the General Court of 20 January 2021 — Palírna U Zeleného stromu v EUIPO — Bacardi (BLEND 42 FIRST CZECH BLENDED VODKA)

(Case T-831/19) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark BLEND 42 FIRST CZECH BLENDED VODKA - Earlier EU word mark and international figurative mark 42 BELOW - Relative ground for refusal - Likelihood of confusion - Relevant public - Similarity of the goods and services - Similarity of the signs - Global assessment of the 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 88/39)

Language of the case: English

Parties

Applicant: Palírna U Zeleného stromu a.s. (Ústí nad Labem, Czech Republic) (represented by: T. Chleboun, 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: Bacardi & Co. Ltd (Meyrin, Switzerland) (represented by: A. Parassina, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 5 September 2019 (Case R 2533/2018-2), relating to opposition proceedings between Bacardi & Co. and Palírna U Zeléného stromu.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Palírna U Zeleného stromu a.s. to pay the costs.

(1) OJ C 54, 17.2.2020.
Official Journal of the European Union

Judgment of the General Court of 17 March 2021 — Bende v EUIPO — Julius-K9 (K-9)

(Case T-878/19) (1)

(EU trade mark - Invalidity proceedings - EU word mark K-9 - Relative grounds for refusal - Signs which have become customary - Article 7(1)(d) of Regulation (EC) No 207/2009 (now Article 7(1)(d) of Regulation (EU) 2017/1001))

(2021/C 206/28)

Language of the case: Hungarian

Parties

Applicant: Gábor Bende (Beloinannisz, Hungary) (represented by: R. Tóth, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Julius-K9 Zrt. (Szigetszentmiklós, Hungary) (represented by: G. Jambrik, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 1 October 2019 (Case R 560/2018-2), as corrected on 12 March 2020, relating to invalidity proceedings between Mr Bende and Julius-K9.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Gábor Bende to pay the costs.

(1) OJ C 61, 24.2.2020.
Judgment of the General Court of 10 February 2021 — Forte v Parliament

(Case T-519/19) (1)

(Institutional law - Single statute for Members of the European Parliament - Members of the European Parliament elected in Italian constituencies - Adoption by the Ufficio di Presidenza della Camera dei deputati (Office of the President of the Italian Chamber of Deputies, Italy) of Decision No 14/2018, on pensions - Adjustment of the amount of pensions for Italian national deputies - Corresponding amendment by the European Parliament of the amount of the pensions of certain former Members of the European Parliament elected in Italy - Competence of the author of the act - Obligation to state reasons - Acquired rights - Legal certainty - Legitimate expectations - Right to property - Proportionality - Equal treatment)

(2021/C 128/40)

Language of the case: Italian

Parties

Applicant: Mario Forte (Naples, Italy) (represented by: C. Forte and G. Forte, lawyers)

Defendant: European Parliament (represented by: S. Seyr and S. Alves, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of the note of 11 June 2019 prepared by the Parliament relating to the adjustment of the amount of the pension received by the applicant upon the entry into force, on 1 January 2019, of Decision No 14/2018 of the Ufficio di Presidenza della Camera dei deputati.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Mario Forte to bear his own costs and to pay those incurred by the European Parliament.

(1) OJ C 305, 9.9.2019.
Official Journal of the European Union

Judgment of the General Court of 21 April 2021 — Hasbro v EUIPO — Kreativni Događaji (MONOPOLY)

(Case T-663/19) (1)

(EU trade mark - Invalidity proceedings - EU word mark MONOPOLY - Absolute ground for refusal - Bad faith - Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001))

(2021/C 242/41)

Language of the case: English

Parties

Applicant: Hasbro, Inc. (Pawtucket, Rhode Island, United States) (represented by: J. Moss, Barrister)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Kreativni Događaji d.o.o. (Zagreb, Croatia) (represented by: R. Kunze, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 22 July 2019 (Case R 1849/2017-2), relating to invalidity proceedings between Kreativni Događaji and Hasbro.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Hasbro, Inc., to pay the costs, including those incurred by Kreativni Događaji d.o.o. for the purposes of the proceedings before the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO).

(1) OJ C 413, 9.12.2019.
Official Journal of the European Union

Judgment of the General Court of 28 April 2021 — Asolo v EUIPO — Red Bull (FLÜGEL)

(Case T-509/19) (1)

(EU trade mark - Invalidity proceedings - EU word mark FLÜGEL - Earlier national word marks … VERLEIHT FLÜGEL and RED BULL VERLEIHT FLÜÜÜGEL - Relative grounds for refusal - Damage to reputation - Article 8(5) and Article 52(1)(a) of Regulation No 40/94 (now Article 8(5) and Article 60(1)(a) of Regulation (EU) 2017/1001) - Right to be heard - Article 70(2) and Article 94(1) of Regulation 2017/1001)

(2021/C 242/33)

Language of the case: English

Parties

Applicant: Asolo LTD (Limassol, Cyprus) (represented by: W. Pors and N. Dorenbosch, lawyers)

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

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

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 15 May 2019 (Case R 201/2019-4), relating to invalidity proceedings between Red Bull and Asolo.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Asolo LTD to pay the costs.

(1) OJ C 295, 2.9.2019.
Official Journal of the European Union

Judgment of the General Court of 9 June 2021 — FT and Others v Commission

(Case T-699/19) (1)

(Civil service - Officials - Remuneration - Commission staff posted to a third country - Update of the correction coefficients - Manifest error of assessment - Retroactive effect - Legal certainty - Duty to have regard for the welfare of officials)

(2021/C 297/46)

Language of the case: French

Parties

Applicants: FT and the 24 other applicants whose names appear in the annex to the judgment (represented by: J.-N. Louis, lawyer)

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

Re:

Application under Article 270 TFEU for annulment of the decision drawing up the applicants’ salary slip for December 2018 to the extent that it applied, for the first time, new correction coefficients applicable to their remuneration, with retroactive effect from 1 February 2018.

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 406, 2.12.2019.
Official Journal of the European Union

Judgment of the General Court of 2 June 2021 — Franz Schröder v EUIPO — RDS Design (MONTANA)

(Case T-856/19) (1)

(EU trade mark - Invalidity proceedings - International registration designating the European Union - Word mark MONTANA - Absolute ground for refusal - Descriptiveness - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EU) 2017/1001) - Right to be heard - Article 94(1) of Regulation 2017/1001 - Examination of the facts by EUIPO of its own motion - Admission of evidence submitted for the first time before the Board of Appeal - Article 95(1) and (2) of Regulation 2017/1001)

(2021/C 278/57)

Language of the case: English

Parties

Applicant: Franz Schröder GmbH & Co. KG (Delbrück, Germany) (represented by: L. Pechan and N. Fangmann, 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: RDS Design ApS (Allerød, Denmark) (represented by: J. Viinberg, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 14 October 2019 (Case R 2394/2018-4), relating to invalidity proceedings between Franz Schröder and RDS Design.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Franz Schröder GmbH & Co. KG to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO);

3. Orders RDS Design ApS to bear its own costs;

(1) OJ C 54, 17.2.2020.
Judgment of the General Court of 3 February 2021 — Moi v Parliament

(Case T-17/19) (1)

(Institutional law - European Parliament - Psychological harassment - Decisions of the President of the Parliament finding that two accredited parliamentary assistants suffered harassment and imposing on a Member of Parliament the penalty of forfeiture of entitlement to the daily subsistence allowance for a period of 12 days - Rules 11 and 166 of the Rules of Procedure of the Parliament - Internal appeal - Decision of the Bureau of the Parliament confirming the penalty - Rule 167 of the Rules of Procedure of the Parliament - Action for annulment - Time limit for bringing an action - Admissibility - Rights of the defence - Non-contractual liability)

(2021/C 329/21)

Language of the case: Italian

Parties

Applicant: Giulia Moi (Italy) (represented by: M. Pisano and P. Setzu, lawyers)

Defendant: European Parliament (represented by: T. Lazian, S. Seyr and M. Windisch, acting as Agents)

Re:

First, principally, application under Article 263 TFEU for annulment of various measures adopted in connection with a procedure initiated against the applicant finding that harassment occurred and imposing a penalty and, in the alternative, application for a finding that the penalty imposed on her is excessive and/or disproportionate and for its replacement by the penalty laid down in Rule 166(a) of the Rules of Procedure of the Parliament and, secondly, application under Article 268 TFEU for an order that the Parliament pay her compensation and that the President communicate that information publicly in the plenary session of the Parliament.

Operative part of the judgment

The Court:

1. Annuls the decision of the President of the European Parliament of 2 October 2018 classifying as psychological harassment the behaviour of Mrs Giulia Moi towards two of her accredited parliamentary assistants, the decision of the President of the Parliament of 2 October 2018 imposing on Mrs Moi, as a penalty for her behaviour towards two of her accredited parliamentary assistants, classified as psychological harassment, the forfeiture of entitlement to her daily subsistence allowance for a period of 12 days and the decision of the Bureau of the Parliament of 12 November 2018 concerning the complaint lodged by Mrs Moi on 16 October 2018 in accordance with Rule 167 of the Rules of Procedure of the Parliament;

2. Dismisses the action as to the remainder;

3. Orders the Parliament to pay the costs.

(1) OJ C 93, 11.3.2019.
Judgment of the General Court of 16 June 2021 — Lucaccioni v Commission

(Case T-316/19) (1)

(Civil service - Officials - Social security - Article 73 of the Staff Regulations - Common rules on the insurance of officials against the risk of accident and of occupational disease - Occupational disease - Article 9 - Claim for medical expenses - Article 23 - Consulting another doctor - Refusal to bring the matter before the medical committee pursuant to Article 22 - Failure to apply, by analogy, Article 22(1), second subparagraph - Rule of correspondence between the application and the complaint - Application of the law ratione temporis)

(2021/C 310/23)

Language of the case: Italian

Parties

Applicant: Arnaldo Lucaccioni (San Benedetto del Tronto, Italy) (represented by: E. Bonanni, lawyer)

Defendant: European Commission (represented by T. Bohr and L. Vernier, acting as agents, and A. Dal Ferro, lawyer)

Re:

ACTION brought under Article 270 TFUE, seeking, first, the annulment of the Commission decision of 2 August 2018 rejecting the applicant’s requests of 23 March and 8 June 2018 to bring the matter before the medical committee pursuant to Article 22 of the Common rules on the insurance of officials of the European Communities against the risk of accident and of occupational disease and, second, compensation for the damage allegedly suffered by the applicant as a result of that decision.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Arnaldo Lucaccioni to pay the costs.

(1) OJ C 238, 15.7.2019.
Judgment of the General Court of 15 September 2021 — Ashworth and Others v Parliament

(Joined Cases T-720/19 to T-725/19) (1)

(Law governing the institutions - Rules governing the payment of expenses and allowances to Members of the Parliament - Amendment of the additional voluntary pension scheme - Notice fixing additional voluntary pension rights - Plea of illegality - Competence of the Bureau of the Parliament - Rights acquired or in the process of being acquired - Proportionality - Equal treatment - Legal certainty)

(2021/C 452/22)

Language of the case: French

Parties

Applicants: Richard Ashworth (Lingfield, United Kingdom) and the five other applicants whose names are listed in the annex to the judgment (represented by: A. Schmitt and A. Grosjean, lawyers)

Defendant: European Parliament (represented by: N. Görlitz, M. Ecker and S. Seyr, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of the Parliament’s decisions contained in the notices fixing the applicants’ additional voluntary pension rights in so far as they introduce, for pensions established after 1 January 2019, a special levy of 5 % of the nominal amount of the pension, payable directly to the additional voluntary pension fund, pursuant to the decision of the Bureau of the European Parliament of 10 December 2018 amending the Implementing Measures for the Statute for Members of the European Parliament (OJ 2018 C 466, p. 8).

Operative part of the judgment

The Court:

1. Joins Cases T-720/19 to T-725/19 for the purposes of the judgment;

2. Dismisses the actions;

3. Orders Mr Richard Ashworth and the other applicants whose names are listed in the annex to pay the costs.

(1) OJ C 413, 9.12.2019.
Judgment of the General Court of 14 July 2021 — AQ v eu-LISA

(Case T-164/19) (1)

(Civil service - Members of the temporary staff - Sick leave - Termination of the contract without notice - Article 16 of the CEOS - Article 48(b) of the CEOS - Duty of care - Article 34 of the Charter of Fundamental Rights - Liability - Material harm - Non-material harm - Causal link)

(2021/C 357/29)

Language of the case: English

Parties

Applicant: AQ (represented by: L. Levi and N. Flandin, lawyers)

Defendant: European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (represented by: M. Chiodi, acting as Agent, and by D. Waelbroeck and A. Duron, lawyers)

Intervener in support of the defendant: Council of the European Union (represented by: R. Meyer and M. Alver, acting as Agents)

Re:

Action under Article 270 TFEU seeking, first, annulment of the decision of eu-LISA of 8 May 2018 to terminate the applicant’s contract as a member of the temporary staff and, secondly, compensation for the loss which the applicant claims to have suffered as a result of that decision.

Operative part of the judgment

The Court:

1. Annuls the decision of 8 May 2018 by which the Executive Director of the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) terminated the employment of AQ as a temporary agent;

2. Dismisses the action as to the remainder;

3. Orders AQ and eu-LISA to bear their own costs;

4. Orders the Council of the European Union to bear its own costs.

(1) OJ C 164, 13.5.2019.
Official Journal of the European Union

Judgment of the General Court of 10 November 2021 — Sasol Germany and Others v Commission

(Case T-661/19) (1)

(REACH - Substances of very high concern - Establishment of a list of identified substances with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 - Decision identifying the substance 4-tert-butylphenol as a substance meeting the criteria for inclusion in the list - Article 57 of Regulation (EC) No 1907/2006 - Weight of evidence approach - Manifest error of assessment - Proportionality)

(2022/C 11/30)

Language of the case: English

Parties

Applicants: Sasol Germany GmbH (Hamburg, Germany), SI Group — Béthune (Béthune, France), BASF SE (Ludwigshafen am Rhein, Germany) (represented by: C. Mereu and P. Sellar, lawyers)

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

Interveners in support of the defendant: Federal Republic of Germany (represented by: D. Klebs, J. Möller, S. Heimerl and S. Costanzo, acting as Agents), European Chemicals Agency (represented by: M. Heikkilä, W. Broere, S. Mahoney and A. Hautamäki, acting as Agents)

Re:

Application under Article 263 TFEU seeking the annulment of Commission Implementing Decision (EU) 2019/1194 of 5 July 2019 on the identification of 4 tert-butylphenol (PTBP) as a substance of very high concern pursuant to Article 57(f) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (OJ 2019 L 187, p. 41).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sasol Germany GmbH, SI Group — Béthune and BASF SE to bear their own costs and to pay those incurred by the European Commission;

3. Orders the Federal Republic of Germany and the European Chemicals Agency (ECHA) to bear their own costs.

(1) OJ C 406, 2.12.2019.