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

Judgment of the General Court of 13 July 2018 — PS v EIB

(Case T-612/16) (1)

((Civil service - EIB staff - Social security - Accident at work - Total and permanent invalidity - Occupational origin of the disease - System for the insurance of accidents at work and occupational diseases - Contributions to the pension scheme - Duty to have regard for the welfare of staff - Liability - Non-material harm))

(2018/C 341/24)

Language of the case: French

Parties

Applicant: PS (represented by: N. Lhoëst and G. Cludts, lawyers)

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

Re:

Application based on Article 270 TFEU and seeking compensation in respect of the harm allegedly suffered by the applicant since November 2013.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders PS to pay the costs.

(1) OJ C 371, 10.10.2016 (case initially registered before the European Union Civil Service Tribunal under number F-42/16 and transferred to the General Court of the European Union on 1.9.2016).
Case T-621/16: Judgment of the General Court of 20 June 2018 — České dráhy v Commission (Competition — Administrative procedure — Decision ordering an inspection — Inspection ordered on the basis of information obtained from a separate inspection — Proportionality — Obligation to state reasons — Right to respect for private life — Rights of defence)

Judgment of the General Court of 20 June 2018 — České dráhy v Commission

(Case T-621/16) ( 1 )

‛(Competition — Administrative procedure — Decision ordering an inspection — Inspection ordered on the basis of information obtained from a separate inspection — Proportionality — Obligation to state reasons — Right to respect for private life — Rights of defence)’

Parties

Applicant: České dráhy a.s. (Prague, Czech Republic) (represented by: K. Muzikář, J. Kindl and V. Kuča, lawyers)

Defendant: European Commission (represented by: P. Rossi, A. Biolan, G. Meessen, P. Němečkova and M. Šimerdová, acting as Agents)

Re:

Action based on Article 263 TFEU and seeking annulment of Commission Decision C(2016) 3993 final of 22 June 2016 requiring České dráhy, together with all entities directly or indirectly controlled by it, to submit to an inspection pursuant to Article 20(4) of Regulation (EC) No 1/2003 (Case AT.40401 — Twins).

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders České dráhy a.s. to pay the costs.

( 1 ) OJ C 392, 24.10.2016.
Official Journal of the European Union

Judgment of the General Court of 4 October 2018 — Blackmore v EUIPO — Paice (DEEP PURPLE)

(Case T-345/16) (1)

(EU trade mark - Opposition proceedings - Application for the EU word mark DEEP PURPLE - Earlier non-registered mark DEEP PURPLE - Relative ground for refusal - Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) - Rules governing common-law action for passing-off - Goodwill - Breach of formal requirements - Article 177(1)(d) of the Rules of Procedure of the General Court - Inadmissibility)

(2018/C 427/53)

Language of the case: English

Parties

Applicant: Richard Hugh Blackmore (New York, New York, United States) (represented by: initially A. Edwards-Stuart, and subsequently T. Alkin, Barristers)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: D. Gája and D. Walicka, Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Ian Paice (London, United Kingdom) (represented by: M. Engelman, Barrister, and J. Stephenson, Solicitor)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 21 March 2016 (Case R 880/2015-5), relating to opposition proceedings between Mr Paice and Mr Blackmore.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Richard Hugh Blackmore to pay the costs.

(1) OJ C 314, 29.8.2016.
Official Journal of the European Union

Judgment of the General Court of 12 September 2018 — PH v Commission

(Case T-613/16) (1)

((Civil Service - Recruitment - Open competition - Notice of competition EPSO/AST-SC/03/15 - Decision to exclude the candidate from the competition - Family connection to a member of the selection board - Equal treatment))

(2018/C 381/21)

Language of the case: Italian

Parties

Applicant: PH (represented by: M. Cornacchia, lawyer)

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

Re:

Action pursuant to Article 270 TFEU seeking annulment of the decision of 19 May 2016 confirming, in response to a request for review made by the applicant, the exclusion of the latter from the competition EPSO/AST-SC/03/15.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders PH to pay the costs.

(1) OJ C 371, 10.10.2016 (case initially registered before the European Union Civil Service Tribunal under number F-43/16 and transferred to the General Court of the European Union on 1.9.2016).
Judgment of the General Court of 24 October 2018 — Epsilon International v Commission

(Case T-477/16) (1)

((Arbitration clause - Contracts concluded under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) - Interest in bringing proceedings - Eligible costs - Suspension of payment - Application for annulment - Decision to register the applicant in the central database of the Early Detection and Exclusion System (EDES) - Act not open to challenge - Inadmissibility))

(2018/C 445/19)

Language of the case: English

Parties

Applicant: Epsilon International SA (Marousi, Greece) (represented by: D. Bogaert and A. Guillerme, lawyers)

Defendant: European Commission (represented by: J. Estrada de Solà, A. Katsimerou and A. Kyratsou, acting as Agents)

Re:

Application, first, under Article 272 TFEU for a declaration (i) that the amounts paid by the Commission under the Briseide, i-SCOPE and Smart-Islands grant agreements constitute eligible costs; (ii) that the Commission’s decisions to suspend payments in respect of the i-Locate, eENV-Plus, GeoSmartCity and c-Space projects are unfounded; (iii) that the Commission’s unlawful conduct caused damage to the applicant; and, second, (i) under Article 263 TFEU for annulment of the decision of the Commission of 17 June 2016 (Ares (2016) 2835215) registering EPSILON in the Early Detection and Exclusion System (EDES) database and (ii) under Article 268 TFEU for the award of compensation in respect of the damage allegedly suffered by the applicant as a result of that act.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Epsilon International SA to pay the costs.

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

Judgment of the General Court of 4 October 2018 — Paice v EUIPO — Blackmore (DEEP PURPLE)

(Case T-328/16) (1)

(EU trade mark - Opposition proceedings - Application for the EU word mark DEEP PURPLE - Earlier non-registered mark DEEP PURPLE - Relative ground for refusal - Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001)) - Rules governing common-law action for passing-off - No likelihood of misrepresentation)

(2018/C 427/51)

Language of the case: English

Parties

Applicant: Ian Paice (London, United Kingdom) (represented by: M. Engelman, Barrister, and J. Stephenson, Solicitor)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: D. Gája and D. Walicka, Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Richard Hugh Blackmore (New York, New York, United States) (represented by: initially A. Edwards-Stuart, and subsequently T. Alkin, Barristers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 21 March 2016 (Case R 736/2015-5), relating to opposition proceedings between Mr Paice and Mr Blackmore.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Ian Paice to pay the costs.

(1) OJ C 305, 22.8.2016.
Judgment of the General Court of 22 November 2018 — Saleh Thabet and Others v Council

(Cases T-274/16 and T-275/16) (1)

((Common foreign and security policy - Restrictive measures taken in view of the situation in Egypt - Freezing of funds - Objectives - Criteria for inclusion of persons targeted - Renewal of the applicants’ designation on the list of persons targeted - Factual basis - Plea of illegality - Legal basis - Proportionality - Right to a fair trial - Presumption of innocence - Principle of good administration - Error of law - Manifest error of assessment - Right to property - Rights of defence - Right to effective judicial protection))

(2019/C 44/23)

Language of the case: English

Parties

Applicant in Case T-274/16: Suzanne Saleh Thabet (Cairo, Egypt) (represented by B. Kennelly QC, J. Pobjoy, Barrister, G. Martin, M. Rushton and C. Enderby Smith, Solicitors)

Applicants in Case T-275/16: Gamal Mohamed Hosni Elsayed Mubarak (Cairo), Alaa Mohamed Hosni Elsayed Mubarak (Cairo), Heidy Mahmoud Magdy Hussein Rasekh (Cairo), Khadiga Mahmoud El Gammal (Cairo) (represented by: B. Kennelly, J. Pobjoy, G. Martin, M. Rushton and C. Enderby Smith)

Defendant: Council of the European Union (represented initially by: S. Kyriakopoulou and M. Veiga, and subsequently by S. Kyriakopoulou and J. Kneale, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of (i) Council Decision (CFSP) 2016/411 of 18 March 2016 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt (OJ 2016 L 74, p. 40); (ii) Council Decision (CFSP) 2017/496 of 21 March 2017 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt (OJ 2017 L 76, p. 22); and (iii) Council Implementing Regulation (EU) 2017/491 of 21 March 2017 implementing Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt (OJ 2017 L 76, p. 10), in so far as those acts apply to the applicants.

Operative part of the judgment

The Court:

1. Orders that Cases T-274/16 and T-275/16 be joined for the purposes of the judgment;

2. Dismisses the actions;

3. Orders Ms Suzanne Saleh Thabet, Mr Gamal Mohamed Hosni Elsayed Mubarak, Mr Alaa Mohamed Hosni Elsayed Mubarak, Ms Heidy Mahmoud Magdy Hussein Rasekh and Ms Khadiga Mahmoud El Gammal to pay the costs.

(1) OJ C 270, 25.7.2016.
Judgment of the General Court of 21 November 2018 — HM v Commission

(Case T-587/16) (1)

((Civil service - Officials - Recruitment - Competition notice EPSO/AST-SC/03/15 - Refusal to allow participation in the assessment tests - Request for review - Refusal to forward that request to the selection board for the open competition on the grounds that it was out of time - Division of competences between EPSO and the competition selection board))

(2019/C 35/22)

Language of the case: German

Parties

Applicant: HM (represented by: H. Tettenborn, lawyer)

Defendant: European Commission (represented by: T. Bohr and G. Gattinara, agents)

Re:

Application on the basis of Article 270 TFEU seeking the annulment, first, of the decision of the European Personnel Selection Office (EPSO) dated 17 August 2015 not to take into account the request for review of the decision of the selection board not to allow the applicant to participate in the next stage of Competition EPSO/AST-SC/03/15-3 and, secondly, of the ‘implied decision’ of the selection board not to grant that request.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Personnel Selection Office (EPSO) dated 17 August 2015 not to take into account the request for review of the decision of the selection board not to allow HM to participate in the next stage of Competition EPSO/AST-SC/03/15-3;

2. Dismisses the action as to the remainder;

3. Orders the European Commission to pay the costs.

(1) OJ C 191, 30.5.2016 (Case initially registered before the European Union Civil Service Tribunal under number F-17/16 and transferred to the General Court of the European Union on 1 September 2016).
Judgment of the General Court of 13 December 2018 — Schubert and Others v Commission

(Case T-530/16) (1)

((Civil service - Remuneration - Annual adjustment of the remuneration and pensions of officials and other members of staff - Regulations (EU) No 422/2014 and No 423/2014 - Adjustments of remuneration and pensions for 2011 and 2012 - Duty to state reasons - Proportionality - Legitimate expectations - Rules on dialogue between management and workers))

(2019/C 82/49)

Language of the case: French

Parties

Applicants: Ludwig Schubert (Overijse, Belgium) and the six other applicants whose names are annexed to the judgment (represented by: C. Bernard-Glanz, N. Flandin and S. Rodrigues, lawyers)

Defendant: European Commission (represented initially by: J. Currall and G. Gattinara, and subsequently G. Gattinara and L. Radu Bouyon, acting as Agents)

Interveners in support of the defendant: European Parliament (represented by: E. Taneva and M. Ecker, acting as Agents); and Council of the European Union (represented initially by: M. Bauer and M. Veiga, and subsequently M. Bauer and R. Meyer, acting as Agents),

Re:

Action under Article 270 TFEU for (i) annulment of the decisions of the Commission to apply to the applicants’ salaries or pensions the adjustment of 0 % for 2011, provided for by Regulation (EU) No 422/2014 of the European Parliament and of the Council of 16 April 2014 adjusting with effect from 1 July 2011 the remuneration and pensions of officials and other servants of the European Union and the correction coefficients applied thereto (OJ 2014 L 129, p. 5), and the adjustment of 0,8 % for 2012, provided for by Regulation (EU) No 423/2014 of the European Parliament and of the Council of 16 April 2014 adjusting with effect from 1 July 2012 the remuneration and pensions of officials and other servants of the European Union and the correction coefficients applied thereto (OJ 2014 L 129, p. 12), and (ii) compensation for the damage allegedly suffered by the applicants as a result of those decisions.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicants to bear their own costs and to pay those incurred by the European Commission;

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

(1) OJ C 96, 23.3.2015 (case initially registered before the European Union Civil Service Tribunal under Case No F-4/15 and transferred to the General Court of the European Union on 1.9.2016).
Judgment of the General Court of 12 December 2018 — Othman v Council

(Case T-416/16) (1)

((Common foreign and security policy - Restrictive measures taken against Syria - Freezing of funds - Rights of the defence - Right to effective judicial protection - Obligation to state reasons - Manifest error of assessment - Right to honour and reputation - Right to property - Presumption of innocence - Restrictions on entry into and transit through the territory of the European Union - Proportionality))

(2019/C 72/22)

Language of the case: French

Parties

Applicant: Razan Othman (Damascus, Syria) (represented by: E. Ruchat, lawyer)

Defendant: Council of the European Union (represented by: initially, S. Kyriakopoulou, G. Étienne and A. Vitro, subsequently S. Kyriakopoulou and A. Vitro, and finally S. Kyriakopoulou, A. Vitro and V. Piessevaux, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking the annulment of Council Decision (CFSP) 2016/850 of 27 May 2016 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2016 L 141, p. 125) and of the subsequent measures giving effect to that decision, of Council Decision (CFSP) 2017/917 of 29 May 2017 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2017 L 139, p. 62), and of Council Decision (CFSP) 2018/778 of 28 May 2018 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2018 L 131, p. 16), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Razan Othman to bear her own costs and to pay those incurred by the Council of the European Union.

(1) OJ C 364, 3.10.2016.
Official Journal of the European Union

Judgment of the General Court of 26 February 2019 — Fútbol Club Barcelona v Commission

(Case T-865/16) (1)

(State aid - Aid granted by the Spanish authorities in favour of certain professional football clubs - Preferential income tax rate applied to clubs authorised to benefit from the status of non-profit entity - Decision declaring the aid to be incompatible with the internal market - Freedom of establishment - Advantage)

(2019/C 139/44)

Language of the case: Spanish

Parties

Applicant: Fútbol Club Barcelona (Barcelona, Spain) (represented by initially, J. Roca Sagarra, J. del Saz Cordero, R. Vallina Hoset, A. Sellés Marco and C. Iglesias Megías, then J. Roca Sagarra, J. del Saz Cordero, R. Vallina Hoset and A. Sellés Marco, lawyers)

Defendant: European Commission (represented by: G. Luengo, B. Stromsky and P. Němečková, acting as Agents)

Intervener in support of the applicant: Kingdom of Spain (represented by: initially, A. Gavela Llopis and J. García-Valdecasas Dorrego, then A. Gavela Llopis, acting as Agents)

Re:

Action under Article 263 TFEU for annulment of Commission Decision (EU) 2016/2391 of 4 July 2016 on the State aid SA.29769 (2013/C) (ex 2013/NN) implemented by Spain for certain football clubs (OJ 2016 L 357, p. 1).

Operative part of the judgment

The Court:

1. Annuls Commission Decision (EU) 2016/2391 of 4 July 2016 on the State aid SA.29769 (2013/C) (ex 2013/NN) implemented by Spain for certain football clubs;

2. Orders the European Commission to bear its own costs as well as those incurred by the Fútbol Club Barcelona;

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

(1) OJ C 30, 30.1.2017.
Judgment of the General Court of 14 December 2018 — FZ and Others v Commission

(Case T-526/16) (1)

((Civil service - Officials - Reform of the Staff Regulations - Regulation (EU, Euratom) No 1023/2013 - Types of posts - Transitional rules on grading in the types of posts - Article 30 of Annexe XIII to the Staff Regulations - Administrators in transition (AD 13) - Administrators (AD 12) - Promotion under Article 45 of the Staff Regulations only allowed within the career streams corresponding to the type of post occupied - Access to the type of post ‘Head of Unit or equivalent’ or ‘Adviser or equivalent’ exclusively in accordance with the procedure under Article 4 and Article 29(1) of the Staff Regulations - Equal treatment - Loss of eligibility for promotion to the next higher grade - Legitimate expectations))

(2019/C 93/54)

Language of the case: French

Parties

Applicants: FZ, and the 9 other applicants whose names appear in the annex to the judgment (represented by T. Bontinck and A. Guillerme, lawyers)

Defendant: European Commission (represented initially by J. Currall and G. Gattinara, subsequently by G. Gattinara and C. Berardis-Kayser and finally by G. Gattinara and L. Radu Bouyon, acting as Agents)

Interveners in support of the defendant: European Parliament (represented initially by N. Chemaï and M. Dean, subsequently by L. Deneys, J. Steele and J. Van Pottelberge, acting as Agents); and the Council of the European Union (represented initially by M. Bauer and E Rebasti and subsequently by M. Bauer and R. Meyer, acting as Agents)

Re:

Application based on Article 270 TFEU and seeking annulment of the Commission’s decisions by which the appointing authority of that institution classified the applicants in the ‘administrator in transition’ or ‘administrator’ types of post, with the consequence that, with effect from 1 January 2014, they were no longer eligible for promotion to the next higher grade, as confirmed by the decisions of that authority of 3 July, 17 July and 6 August 2014.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders FZ and the other officials of the European Commission whose names are listed in the annex to pay the costs;

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

(1) OJ C 7, 12.1.2015 (case initially registered before the European Union Civil Service Tribunal under Case No F-113/14 and transferred to the General Court of the European Union on 1.9.2016).
Judgment of the General Court of 30 April 2019 — Alvarez and Bejarano and Others v Commission

(Case T-516/16 and T-536/16) (1)

(Civil service - Officials - Members of the contract staff - Reform of the Staff Regulations - Less favourable scheme for the flat-rate payment of travel expenses and for the increase in annual leave by way of additional days off as travelling time - Link between the grant of those entitlements and the expatriate status - Abolition of the reimbursement of annual travel expenses and travelling time)

(2019/C 220/40)

Language of the case: French

Parties

Applicant: Maria Alvarez y Bejarano (Namur, Belgium) and the 11 other applicants whose names appear in the annex to the judgment (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission (represented initially by J. Currall and G. Gattinara, and subsequently by G. Gattinara and F. Simonetti, acting as Agents)

Interveners in support of the defendant: European Parliament (represented initially by E. Taneva and M. Ecker, acting as Agents), Council of the European Union (represented initially by M. Bauer and M. Veiga, and subsequently by M. Bauer and R. Meyer, acting as Agents)

Re:

Actions pursuant to Article 270 TFEU for annulment of the decisions no longer to allow the applicants, as of 1 January 2014, travelling time or reimbursement of annual travel costs so that they may maintain a connection with their place of origin.

Operative part of the judgment

The Court:

1. Orders that Cases T-516/16 and T-536/16 be joined for the purposes of the judgment;

2. Dismisses the actions;

3. Orders Ms Maria Alvarez y Bejarano and the other officials and members of staff of the European Commission whose names appear in the annex to pay the costs;

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

(1) OJ C 421, 24.11.2014 (case initially registered at the European Union Civil Service Tribunal as Case F-85/14 and transferred to the General Court of the European Union on 1.9.2016).