ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 79/14

Judgment of the General Court of of 31 January 2013 — Spain v Commission

(Case T-235/11) (1)

(Cohesion Fund - Reduction of the financial assistance initially granted by the Fund to five projects concerning the implementation of certain lines of the high-speed railway network in Spain - Time-limit for the adoption of a decision - Article H(2) of Annex II to Regulation (EC) No 1164/94 - Article 18(3) of Regulation (EC) No 1386/2002 - Additional deliveries - Additional works or services - Concept of ‘unforeseen circumstance’ - Article 20(2)(e) and (f) of Directive 93/38/EEC)

2013/C 79/25

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: M. Muñoz Pérez and N. Díaz Abad initially, then by N. Díaz Abad and A. Rubio González, abogados del Estado)

Defendant: European Commission (represented by: E. Adserá Ribera and D. Recchia, Agents)

Re:

Primarily, application for annulment of Commission Decision C(2011) 1023 final of 18 February 2011 reducing assistance from the Cohesion Fund for the project phases entitled ‘Supply and assembly of track materials for the Madrid-Zaragoza-Barcelona-French border High-Speed Line. Madrid-Lleida section’ (CCI 1999.ES.16.C.PT.001), ‘Madrid-Barcelona High-Speed Rail line. Lleida-Martorell section (Platform, 1st phase)’ (CCI 2000.ES.16.C.PT.001), ‘Madrid-Zaragoza-Barcelona-French border High-Speed Line. Approaches to Zaragoza’ (CCI 2000.ES.16.C.PT.003), ‘Madrid- Barcelona-French border High-Speed Line. Lleida-Martorell section. X-A sub-section (Olérdola — Avinyonet del Penedés)’ (CCI 2001.ES.16.C.PT.007), ‘New High-Speed rail access to Levante. La Gineta-Albacete sub-section (Platform)’ (CCI 2004.ES.16.C.PT.014) and, in the alternative, application for partial annulment of the same decision so far as concerns the corrections made by the Commission.

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 186, 25.6.2011.
EN Official Journal of the European Union C 55/12

Judgment of the General Court of 15 January 2013 — BSH v OHIM (ecoDoor)

(Case T-625/11) (1)

(Community trade mark - Application for Community word mark ecoDoor - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Council Regulation (EC) No 207/2009)

2013/C 55/20

Language of the case: German

Parties

Applicant: BSH Bosch und Siemens Hausgeräte GmbH (Munich, Germany) (represented by: S. Biagosch, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 22 September 2011 (Case R 340/2011-1) concerning an application for registration of the word sign ecoDoor as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders BSH Bosch und Siemens Hausgeräte GmbH to pay the costs.

(1) OJ C 32, 4.2.2012.
EN Official Journal of the European Union C 147/17

Judgment of the General Court of 9 April 2013 — Italiana Calzature v OHIM — Vicini (Giuseppe BY GIUSEPPE ZANOTTI)

(Case T-337/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Giuseppe BY GIUSEPPE ZANOTTI - Prior Community word mark ZANOTTI - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 147/30

Language of the case: Italian

Parties

Applicant: Societá Italiana Calzature SpA (Milan, Italy) (represented by: A. Rapisardi and C. Ginevra, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Vicini SpA (San Mauro Pascoli, Italy) (represented by: M. Franzosi and M. Giorgetti, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 April 2011 (Case R 918/2010-2), concerning opposition proceedings between Societá Italiana Calzature SpA and Vicini SpA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Societá Italiana Calzature SpA to pay the costs.

(1) OJ C 252, 27.8.2011.
EN Official Journal of the European Union C 79/14

Judgment of the General Court of 1 February 2013 — Ferrari v OHIM (PERLE')

(Case T-104/11) (1)

(Community trade mark - International registration designating the European Community - Figurative mark PERLE' - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Lack of distinctive character acquired through use - Article 7(1)(b) and (c) and Article 7(3) of Regulation (EC) No 207/2009)

2013/C 79/23

Language of the case: Italian

Parties

Applicant: Ferrari F.lli Lunelli SpA (Trento, Italy) (represented by: P. Perani and G. Ghisletti, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by G. Mannucci, and subsequently L. Rampini and F. Mattina, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 December 2010 (Case R 1249/2010-2) concerning the international registration, designating the European Community, of the figurative mark PERLE'.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ferrari F.lli Lunelli SpA to pay the costs.

(1) OJ C 113, 9.4.2011.
EN Official Journal of the European Union C 156/39

Judgment of the General Court of 19 April 2013 — Aecops v Commission

(Case T-53/11) (1)

(ESF - Training operations - Reduction in financial assistance initially granted - Regulation (EC, Euratom) No 2988/95 - Time-bar - Legal certainty - Rights of the defence - Reasonable period - Duty to state reasons)

2013/C 156/71

Language of the case: Portuguese

Parties

Applicant: Associação de Empresas de Construção e Obras Públicas e Serviços (Aecops) (Lisbon, Portugal) (represented initially by: J. da Cruz Vilaça and L. Pinto Monteiro and subsequently by: L. Pinto Monteiro, P. Farinha Alves and N. Morais Sarmento, lawyers)

Defendant: European Commission (represented by: P. Guerra e Andrade and D. Recchia, acting as Agents)

Re:

Annulment of the Commission’s decision of 27 October 2010 setting the final amount of the expenditure eligible for assistance from the European Social Fund (ESF), granted to the applicant for training operations by Commission Decision C(89) 570 of 22 March 1989 for the funding of training operations (file 89 0771 P1)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Associação de Empresas de Construção e Obras Públicas e Serviços (Aecops) to pay the costs.

(1) OJ C 139, 7.5.2011.
EN Official Journal of the European Union C 164/16

Judgment of the General Court of 25 April 2013 — Metropolis Inmobiliarias y Restauraciones v OHIM — MIP Metro (METROINVEST)

(Case T-284/11) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark METROINVEST - Earlier national figurative mark METRO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Principle of non-discrimination - Right to a fair hearing)

2013/C 164/28

Language of the case: English

Parties

Applicant: Metropolis Inmobiliarias y Restauraciones, SL (Barcelona, Spain) (represented by: J. Carbonell Callicó, P. Craddock and B. Vanbrabant, 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: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by: M. Berger, R. Kaase and J. C. Plate, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 17 March 2011 (Case R 954/2010-1), relating to opposition proceedings between MIP Metro Group Intellectual Property GmbH & Co. KG and Metropolis Inmobiliarias y Restauraciones, SL

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Metropolis Inmobiliarias y Restauraciones, SL, to pay the costs.

(1) OJ C 232, 6.8.2011.
1.

Annuls Commission Decision 2010/668/EU of 4 November 2010 excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2010 L 288, p. 24), in so far as it applies to the Portuguese Republic a financial correction in connection with the POSEI measure in respect of the 2006 and 2007 financial years;
EN Official Journal of the European Union C 189/18

Judgment of the General Court of 16 May 2013 — Nath Kalsi v OHIM — American Clothing Associates (RIDGE WOOD)

(Case T-80/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark RIDGE WOOD - Earlier Community figurative mark River Woods North-Eastern Suppliers - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 189/35

Language of the case: German

Parties

Applicants: Dwarka Nath Kalsi and Ajit Nath Kalsi (Agra, India) (represented by: J. Schmidt, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: American Clothing Associates (Evergem, Belgium) (represented by: C. De Keersmaeker, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 19 November 2010 in Case R 599/2010-1, relating to opposition proceedings between, on the one hand, American Clothing Associates and, on the other hand, Dwarka Nath Kalsi and Ajit Nath Kalsi

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 19 November 2010 (Case R 1073/2010-2) in so far as it concerns goods in Class 24 covered by the mark applied for and the services ‘processing and finishing of skins, leather, furs and textiles’ in Class 40 and covered by the earlier mark No 2785459;

2. Dismisses the action as to the remainder;

3. Orders Dwarka Nath Kalsi and Ajit Nath Kalsi, and OHIM to each pay their own costs;

4. Orders American Clothing Associates to pay its own costs.

(1) OJ C 103, 2.4.2011.
EN Official Journal of the European Union C 245/8

Judgment of the General Court of 9 July 2013 — Lito Maieftiko Ginaikologiko kai Khirourgiko Kentro v Commission

(Case T-552/11) (1)

(Action for annulment - Contract concerning financial assistance of the European Union for a project in the field of medical collaboration - Debit note - Contractual nature of the dispute - Measure not reviewable - Inadmissibility - Counterclaim for payment)

2013/C 245/11

Language of the case: Greek

Parties

Applicant: Lito Maieftiko Ginaikologiko kai Khirourgiko Kentro AE (Athens, Greece) (represented by: E. Tzannini, lawyer)

Defendant: European Commission (represented by: M. Condou-Durande and S. Lejeune, Agents, and E. Petritsi, lawyer)

Re:

Action for annulment of a debit note issued by the Commission on 9 September 2011 in order to recover the sum of EUR 83 001,09 paid to the applicant in the context of financial assistance for a project and, on the other hand, a counterclaim seeking an order requiring the applicant to pay that sum together with interest.

Operative part of the judgment

The Court:

1. Dismisses the action for annulment as inadmissible;

2. Orders Lito Maieftiko Ginaikologiko kai Khirourgiko Kentro AE to pay the European Commission EUR 83 001,09 by way of principal sum and EUR 11,37 per day in respect of default interest falling due from 25 October 2011 until discharge of the principal debt;

3. Orders Lito Maieftiko Ginaikologiko kai Khirourgiko Kentro to pay the costs, including those relating to the proceedings for interim measures.

(1) OJ C 6, 7.1.2012.
EN Official Journal of the European Union C 313/21

Judgment of the General Court of 13 September 2013 — ClientEarth v Commission

(Case T-111/11) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Studies received by the Commission concerning the transposition of directives on the environment - Partial refusal of access - Exception relating to protection of the purpose of inspections, investigations and audits - Specific and individual assessment - Compatibility with the Aarhus Convention - Overriding public interest - Consequences of exceeding the period for the adoption of an express decision - Extent of the obligation actively to disseminate environmental information)

2013/C 313/39

Language of the case: English

Parties

Applicant: ClientEarth (London, United Kingdom) (represented by: P. Kirch, lawyer)

Defendant: European Commission (represented: initially by P. Oliver and C. ten Dam, and subsequently by P. Oliver and C. Zadra, Agents)

Re:

Application, initially, for annulment of the Commission’s implied decision refusing to grant the applicant access to certain documents on the conformity of the Member States’ legislation with European Union environmental law and then for annulment of the Commission’s subsequent express decision of 30 May 2011 refusing in part access to some of those documents.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders ClientEarth and the European Commission each to bear their own costs.

(1) OJ C 130, 30.4.2011.
EN Official Journal of the European Union C 313/25

Judgment of the General Court of 16 September 2013 — De Nicola v EIB

(Case T-618/11 P) (1)

(Appeal - Civil service - EIB staff - Appraisal - Promotion - 2008 appraisal and promotion period - Decision of the Appeals Committee - Scope of review - Assessment report - Plea of illegality - Reasonable period - Claim for setting aside - Claim for damages - Lis pendens)

2013/C 313/50

Language of the case: Italian

Parties

Appellant: Carlo De Nicola (Strassen, Luxembourg) (represented by: L. Isola, lawyer)

Other party to the proceedings: European Investment Bank (EIB) (represented by: initially by T. Gilliams and F. Martin, and subsequently by Gilliams and G. Nuvoli, acting as Agents, and by A. Dal Ferro, lawyer)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (First Chamber) in Case F-13/10 De Nicola v EIB, not yet published in the ECR, seeking the setting aside of that judgment.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the Civil Service Tribunal of the European Union (First Chamber) in Case F-13/10 De Nicola v EIB, in so far as it rejects Mr Carlo De Nicola’s claim seeking the annulment of the decision of the Appeals Committee of the European Investment Bank (EIB);

2. Dismisses the remainder of the appeal;

3. Dismisses the action brought by Mr De Nicola before the Civil Service Tribunal in Case F-13/10;

4. Orders Mr De Nicola to bear his own costs and half of the costs incurred by the EIB relating to the proceedings at first instance and on appeal;

5. Orders the EIB to bear half of its own costs relating to the proceedings at first instance and on appeal.

(1) OJ C 25, 28.1.2012.
EN Official Journal of the European Union C 24/18

Judgment of the General Court of 4 December 2013 — ETF v Schuerings

(Case T-107/11) (1)

(Appeal - Civil service - Temporary staff - Contract of indefinite duration - Decision to terminate - Jurisdiction of the Civil Service Tribunal - Articles 2 and 47 CEOS - Duty of care - Concept of interests of the service - Prohibition on ruling ultra petita - Rights of the defence)

2014/C 24/31

Language of the case: French

Parties

Appellant: European Training Foundation (ETF) (represented by: L. Levi, lawyer)

Other party to the proceedings: Gisela Schuerings (represented by: N. Lhoëst, lawyer)

Interveners in support of the appellant: European Commission (represented by: J. Currall and D. Martin, acting as Agents); European Medicines Agency (EMA) (represented: initially by V. Salvatore, and subsequently by T. Jabłoński, acting as Agents); European Environment Agency (EEA) (represented by: O. Cornu, acting as Agent); European Aviation Safety Agency (EASA) (represented by: P. Goudou, acting as Agent); European Union Agency for Network and Information Security (ENISA) (represented by: E. Maurage, acting as Agent); Translation Centre for the Bodies of the European Union (CdT) (represented by: J. Rikkert and M. Garnier, acting as Agents); European Centre for Disease Prevention and Control (ECDC) (represented by: M. Heikkilä, acting as Agent); and European Food Safety Authority (EFSA) (represented by: D. Detken, acting as Agent)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 9 December 2010 in Case F-87/08 Schuerings v ETF, not yet published in the ECR, and seeking that that judgment be set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the European Union Civil Service Tribunal (Second Chamber) of 9 December 2010 in Case F-87/08 Schuerings v ETF, in so far as it set aside the decision of the European Training Foundation (ETF) of 23 October 2007 terminating the indefinite contract of Ms Gisela Schuerings and dismissing, as a result, her application for compensation for the material harm suffered as being premature;

2. Dismisses the remainder of the appeal;

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

4. Reserves the costs.

(1) OJ C 139, 7.5.2011.
EN Official Journal of the European Union C 359/8

Judgment of the General Court of 25 October 2013 — Commission v Moschonaki

(Case T-476/11 P) (1)

(Appeal - Civil service - Officials - Notice of vacancy - Rejection of application - Action for annulment - Legal interest in bringing proceedings - Admissibility - Rule that the application corresponds to the complaint - Article 91(2) of the Staff Regulations of Officials - Action for damages)

2013/C 359/12

Language of the case: French

Parties

Appellant: European Commission (represented by: J. Currall and B. Eggers, Agents)

Other party to the proceedings: Chrysanthe Moschonaki (Brussels, Belgium) (represented by: N. Lhoëst, lawyer)

Intervener in support of the appellant: Court of Auditors of the European Union (represented by: T. Kennedy and I. Ní Riagáin Düro, Agents)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (First Chamber) of 28 June 2011 in Case F-55/10 AS v Commission (not yet published in the ECR), 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 (First Chamber) of 28 June 2011 in Case F-55/10 AS v Commission (not yet published in the ECR), in so far as it declares the plea in law alleging infringement of Article 7 of the Staff Regulations of Officials of the European Union to be admissible, in so far as it annuls the decision of 30 September 2009 whereby the European Commission rejected Ms Chrysanthe Moschonaki’s application on the basis of that plea in law, and in so far as it ordered the Commission to pay Ms Moschonaki the sum of EUR 3 000;

2. Dismisses the remainder of the appeal;

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

4. Reserves the costs.

(1) OJ C 319, 29.10.2011.
2.

Orders Schwenk Zement KG to bear two thirds of its own costs and two thirds of the costs incurred by the European Commission, and orders the Commission to bear one third of its own costs and one third of the costs incurred by Schwenk Zement KG;
EN Official Journal of the European Union C 78/7

Judgment of the General Court of 6 February 2014 — CEEES and Asociación de Gestores de Estaciones de Servicio v Commission

(Case T-342/11) (1)

(Competition - Agreements, decisions and concerted practices - Spanish service station market - Decision dismissing a complaint - Regulation (EC) No 1/2003 - Failure to fulfil obligations made compulsory by a Commission decision - Reopening of the proceedings - Fines - Periodic penalty payments)

2014/C 78/14

Language of the case: Spanish

Parties

Applicants: Confederación Española de Empresarios de Estaciones de Servicio (CEEES) (Madrid, Spain) and Asociación de Gestores de Estaciones de Servicio (Madrid) (represented by: A. Hernández Pardo and B. Marín Corral, lawyers)

Defendant: European Commission (represented by: J. Baquero Cruz and F. Ronkes Agerbeek, Agents)

Interveners in support of the defendant: Kingdom of Spain (represented by: initially M. Muñoz Pérez, then S. Centeno Huerta, and finally A. Rubio González, Abogados del Estado) and Repsol Comercial de Productos Petrolíferos, S.A. (represented by: J. Jiménez-Laiglesia Oñate and S. Rivero Mena, lawyers)

Re:

Action for annulment of Commission Decision C(2011) 2994 final of 28 April 2011 dismissing the complaint brought by the applicants regarding infringements of the competition rules committed by Repsol (Case COMP/39.461).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Confederación Española de Empresarios de Estaciones de Servicio (CEEES) and the Asociación de Gestores de Estaciones de Servicio to bear their own costs and those incurred by the European Commission;

3. Orders the Kingdom of Spain to bear its own costs;

4. Orders Repsol Comercial de Productos Petrolíferos, S.A. to bear its own costs.

(1) OJ C 252, 27.8.2011.
1.

Annuls the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 29 September 2011 in Case F-74/10 Kimman v Commission (F-74/10), first, in that it declares admissible the second plea in law, the six first parts of the third plea in law and the fourth plea in law, except the claim that the work done by the applicant in the interest of the institution had not been taken into account, raised by the appellant in the proceedings at first instance and, second, in that it orders the European Commission to bear, in addition to its own costs, one quarter of the appellant’s costs related to those proceedings;
EN Official Journal of the European Union C 194/20

Judgment of the General Court of 30 April 2014 — Euris Consult v Parliament

(Case T-637/11) (1)

((Public service contracts - Tender procedure - Provision of translation services into Maltese - Rules relating to the procedure for the submission of tenders - Rejection of a tenderer’s bid - Failure to comply with the rules on submission designed to ensure the confidentiality of the contents of tenders before opening - Plea of inapplicability - Proportionality - Equal treatment - Rights of the defence - Obligation to state reasons - Article 41 of the Charter of Fundamental Rights of the European Union - Article 98(1) of Regulation (EC, Euratom) No 1605/2002 - Article 143 of Regulation (EC, Euratom) No 2342/2002))

2014/C 194/25

Language of the case: English

Parties

Applicant: Euris Consult Ltd (Floriana, Malta) (represented by: F. Moyse, lawyer)

Defendant: European Parliament (represented by: L. Darie and F. Poilvache, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: R. Lyal and F. Dintilhac, acting as Agents)

Re:

Application for annulment of the decision of the Parliament of 18 October 2011 rejecting the tender submitted by the applicant in the context of the interinstitutional call for tenders MT/2011/EU, concerning translation services into Maltese

Operative part of the judgment

The Court:

1) Dismisses the action;

2) Orders Euris Consult Ltd to pay the costs.

(1) OJ C 32, 4.2.2012.