ddrg/super_eurlex huggingface dataset:
Order of the General Court of 19 November 2018 — VR-Bank Rhein-Sieg v SRB

(Case T-42/17) (1)

((Action for annulment - Economic and monetary union - Banking union - Single Resolution Mechanism of credit institutions and certain investment firms (SRM) - Single Resolution Fund (SRF) - Setting of the 2016 ex-ante contribution - Period for bringing an action - Out of time - Manifest inadmissibility))

(2019/C 44/75)

Language of the case: German

Parties

Applicant: VR-Bank Rhein-Sieg eG (Siegburg, Germany) (represented by: H. Berger and K. Rübsamen, lawyers)

Defendant: Single Resolution Board (represented by: A. Martin-Ehlers, S. Raes, A. Kopp and T. Van Dyck, lawyers)

Intervener in support of the defendant: European Commission (represented by: A. Steiblytė and K.-Ph. Wojcik, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment, first, of the decision of the SRB in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/06) and, second, of the decision of the SRB in its executive session of 20 May 2016 on the adjustment of the 2016 ex-ante contributions to the Single Resolution Fund, supplementing the decision of the Board of 15 April 2016 (SRB/ES/SRF/2016/13), to the extent that they concern the applicant.

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. VR-Bank Rhein-Sieg eG is ordered to bear its own costs and to pay the costs incurred by the Single Resolution Board (SRB).

3. The European Commission shall bear its own costs.

(1) OJ C 78, 13.3.2017.
Order of the General Court of 14 February 2019 — Comprojecto Projectos e Construções and Others v ECB

(Case T-768/17) (1)

(Action for failure to act, for annulment and for damages - Economic and monetary policy - Supervision of credit institutions - Unlawful acts allegedly committed by certain Portuguese credit institutions - Implied rejection of the request to take action made to the ECB - Manifest inadmissibility in part - Manifest lack of jurisdiction in part - Action in part manifestly unfounded in law)

(2019/C 131/53)

Language of the case: Portuguese

Parties

Applicants: Comprojecto-Projectos e Construções, Lda (Lisbon, Portugal), Paulo Eduardo Matos Gomes de Azevedo (Lisbon), Julião Maria Gomes de Azevedo (Lisbon), Isabel Maria Matos Gomes de Azevedo (Lisbon) (represented by: M. Ribeiro, lawyer)

Defendant: European Central Bank (represented by: C. Hernández Saseta and P. Ferreira Jorge, acting as Agents)

Re:

First, application under Article 265 TFEU for a declaration that the ECB unlawfully failed to take action against a Portuguese credit institution in the context of preventing the use of the financial system for the purposes of money laundering, secondly, application under Article 263 TFEU seeking annulment of the ECB’s decision not to take action and, thirdly, application for compensation under Article 268 TFEU in respect of the loss and harm which the applicants allegedly sustained as a result of that failure to take action.

Operative part of the order

1. The action is dismissed.

2. Comprojecto-Projectos e Construções, Lda, Mr Paulo Eduardo Matos Gomes de Azevedo, Mr Julião Maria Gomes de Azevedo and Ms Isabel Maria Matos Gomes de Azevedo are ordered to pay the costs.

(1) OJ C 52, 12.2.2018.
Official Journal of the European Union

Order of the General Court of 7 December 2018 — Numbi v Council

(Case T-144/17) (1)

(2019/C 54/54)

Language of the case: French

The President of the Ninth Chamber has ordered that the case be removed from the register.

(1) OJ C 129, 24.4.2017.
Official Journal of the European Union

Order of the General Court of 17 August 2020 — Poland v Commission

(Case T-376/17) (1)

(EAGF and EAFRD - Suspension of financial aid - Preliminary recognition aid for groups of producers in the fruit and vegetable sector - No longer any interest in bringing proceedings - No need to adjudicate)

(2020/C 371/08)

Language of the case: Polish

Parties

Applicant: Republic of Poland (represented by: B. Majczyna, B. Paziewska, M. Pawlicka and K. Straś, acting as Agents)

Defendant: European Commission (represented by: X. Lewis, M. Kaduczak and A. Stobiecka-Kuik, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of European Commission Implementing Decision C(2017) 2104 final of 4 April 2017 extending the suspension of monthly payments to the Republic of Poland concerning preliminary recognition aid for groups of producers in the fruit and vegetable sector within the framework of the European Agriculture Guarantee Fund.

Operative part of the order

1. There is no longer any need to adjudicate on the present action.

2. The parties shall bear their own costs.

(1) OJ C 269, 14.8.2017.
Official Journal of the European Union

Order of the General Court of 17 September 2019 — Fastweb v Commission

(Case T-19/17) (1)

(2019/C 399/122)

Language of the case: Italian

The President of the Second Chamber has ordered that the case be removed from the register.

(1) OJ C 70, 6.3.2017.
Official Journal of the European Union

Order of the President of the General Court of 4 July 2018 — Netflix International and Netflix v Commission

(Case T-238/18) (1)

(2018/C 319/36)

Language of the case: English

The President of the General Court has ordered that the case be removed from the register.

(1) OJ C 231, 2.7.2018.
Case T-23/18: Order of the General Court of 29 May 2018 — Nova Brands v EUIPO — Natamil (Natamil)

Order of the General Court of 29 May 2018 — Nova Brands v EUIPO — Natamil (Natamil)

(Case T-23/18) ( 1 )

The President of the Third Chamber has ordered that the case be removed from the register.

( 1 ) OJ C 94, 12.3.2018.
Order of the President of the General Court of 25 October 2018 — ZE v Parliament

(Case T-603/18 R)

((Interim measures - Civil service - Officials - Suspension of an official without the withholding of remuneration - Application for interim measures - Damage to reputation - No urgency))

(2019/C 44/100)

Language of the case: French

Parties

Applicant: ZE (represented by: P. Yatagantzidis, lawyer)

Defendant: European Parliament (represented by: J. Steele and V. Montebello-Demogeot, acting as Agents)

Re:

Application under Articles 287 and 279 TFEU seeking (i) the suspension of the execution of the decision of the Secretary-General of the European parliament of 25 September 2018 adopting a fixed-term suspension measure without the withholding of remuneration against the applicant; and (ii) an order that the Parliament prevent and not repeat further ‘possible leaks in the media’ involving the applicant’s name, and requesting the applicant to withdraw all personal files from the information that supervisors have, where relevant, already collected in his office.

Operative part of the order

1. The application for interim measures is dismissed.
Official Journal of the European Union

Order of the General Court of 11 September 2018 — Reiner Stemme Utility Air Systems v AESA

(Case T-371/18) (1)

(2018/C 399/75)

Language of the case: English

The President of the Sixth Chamber has ordered that the case be removed from the register.

(1) OJ C 276, 6.8.2016.
Official Journal of the European Union

Order of the General Court of 11 December 2018 — Hamburg Beer Company v EUIPO (Hamburg Beer Company)

(Case T-6/18) (1)

((EU trade mark - Application for EU word mark Hamburg Beer Company - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) and (2) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (2) of Regulation (EU) 2017/1001) - Action manifestly lacking any foundation in law))

(2019/C 65/49)

Language of the case: German

Parties

Applicant: Hamburg Beer Company GmbH (Hamburg, Germany) (represented by: O. Spieker, A. Schönfleisch and M. Alber, lawyers)

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

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 29 September 2017 (Case R 437/2017-5) concerning an application for registration of the word sign Hamburg Beer Company as an EU trade mark

Operative part of the order

1. The action is dismissed as manifestly lacking any foundation in law.

2. Hamburg Beer Company GmbH shall pay the costs.

(1) OJ C 72, 26.2.2018.
Official Journal of the European Union

Order of the President of the General Court of 25 October 2018 — Laboratoire Pareva v Commission

(Case T-337/18 R II)

((Interim relief - Regulation (EU) No 528/2012 - Biocidal products - Active substance PHMB (1415; 4.7) - Approval refused - Application for interim measures - New application - No new facts - Inadmissibility))

(2019/C 44/94)

Language of the case: English

Parties

Applicant: Laboratoire Pareva (St. Martin de Crau, France) (represented by: K. Van Maldegem and S. Engelbert, lawyers)

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

Re:

Application pursuant to Articles 278 TFEU and 279 TFEU seeking, first, suspension of operation of Commission Implementing Decision (EU) 2018/619 of 20 April 2018 not approving PHMB (1415; 4.7) as an existing active substance for use in biocidal products of product-types 1, 5 and 6 (OJ 2018 L 102, p. 21), and, secondly, the adoption of any other appropriate interim measure.

Operative part of the order

1. The application for interim measures is dismissed.
Order of the President of the General Court of 13 February 2019 — BRF and SHB Comercio e Industria de Alimentos v Commission

(Case T-429/18 R)

(Application for interim measures - Public health - Implementing Regulation (EU) 2018/700 - Amendment of the lists of third-country establishments from which imports of specified products of animal origin are permitted, regarding certain establishments in Brazil - No urgency - Weighing-up of competing interests)

(2019/C 131/60)

Language of the case: English

Parties

Applicants: BRF SA (Itajaí, Brazil), SHB Comercio e Industria de Alimentos SA (Itajaí) (represented by: D. Arts and G. van Thuyne, lawyers)

Defendant: European Commission (represented by: X. Lewis, B. Eggers and B. Hofstötter, Agents)

Re:

Application under Articles 278 and 279 TFEU seeking, principally, suspension of the application of Commission Implementing Regulation (EU) 2018/700 of 8 May 2018 amending the lists of third-country establishments from which imports of specified products of animal origin are permitted, regarding certain establishments from Brazil (OJ 2018 L 118, p. 1), either until a definitive ruling has been given on the action brought by the applicants under Article 263 TFEU, or until such date as determined by the President of the General Court, and, in the alternative, suspension of the application of that regulation in so far as it concerns the applicants’ establishments included in (i) the list of establishments authorised to import meat from poultry and lagomorphs from Brazil (Section II), (ii) the list of establishments authorised to import minced meat, meat preparations and mechanically separated meat from Brazil (Section V) which have generated no more than two notifications via the rapid alert system for food and feed between 1 March 2017 and 19 April 2018 or (iii) the list of establishments authorised to import meat products from Brazil (Section VI), or an order for any other or additional measure which the President of the Court may consider necessary or appropriate

Operative part of the order

1. The application for interim measures is dismissed.
Official Journal of the European Union

Order of the General Court of 16 January 2019 — Theodorakidi v EUIPO — Benopoulou (THYREOS VASSILIKI)

(Case T-160/18) (1)

((EU trade mark - Invalidity proceedings - EU figurative mark THYREOS VASSILIKI - Declaration of invalidity - Right to the name Vassiliki in Greece - Relative ground for invalidity regarding the infringement of the right to a name - Article 60(2)(a) of Regulation (EU) 2017/1001 - Action manifestly lacking any foundation in law))

(2019/C 93/79)

Language of the case: English

Parties

Applicant: Vassiliki Theodorakidi (Veroia, Greece) (represented by: F. Ikonomidou Ikonomou, lawyer)

Defendant: European Union Intellectual Property Office (represented by: E. Markakis, Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Vassiliki Benopoulou (Kifissia, Greece)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 19 December 2017 (Case R 40/2017-4), relating to invalidity proceedings between Ms Benopoulou and Ms Theodorakidi.

Operative part of the order

1. The action is dismissed.

2. Ms Vassiliki Theodorakidi shall bear her own costs and pay those of the European Union Intellectual Property Office (EUIPO).

(1) OJ C 152, 30.4.2018.
Official Journal of the European Union

Order of the General Court of 8 March 2019 — Herrero Torres v EUIPO — DZ Licores (CARAJILLO LICOR 43 CUARENTA Y TRES)

(Case T-326/18) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark CARAJILLO LICOR 43 CUARENTA Y TRES - Earlier national figurative mark Carajillo - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation 2017/1001 - Action manifestly lacking any foundation in law)

(2019/C 148/51)

Language of the case: Spanish

Parties

Applicant: José-Ramón Herrero Torres (Castellón de la Plana, Spain) (represented by: J. Gil Martí, lawyer)

Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas and H. O'Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO intervening before the General Court: DZ Licores, SLU (Cartagena, Spain) (represented by: A. Vela Ballesteros and B. Lamas Begué, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 13 March 2018 (Case R 2104/2017-5) relating to opposition proceedings between Mr Herrero Torres and DZ Licores.

Operative part of the order

1. The action is dismissed.

2. Mr José-Ramón Herrero Torres shall pay the costs.

(1) OJ C 249, 16.7.2018.
Official Journal of the European Union

Order of the General Court of 8 March 2019 — Legutko and Poręba v Parliament

(Case T-156/18) (1)

(Action for failure to act - Institutional law - Rules of Procedure of the Parliament - Article 130 - Annex II - Question for written answer - Request that the question be forwarded to the Council - Notification of the decision finding the question inadmissible - Invitation to act - Position of the Parliament - Application for an injunction - Inadmissible)

(2019/C 155/53)

Language of the case: Polish

Parties

Applicants: Ryszard Antoni Legutko (Morawica, Poland) and Tomasz Piotr Poręba (Mielec, Poland) (represented by: M. Mataczyński, lawyer)

Defendant: European Parliament (represented by: N. Görlitz, S. Alonso de León and A. Pospíšilová, acting as Agents)

Re:

Action under Article 265 TFEU seeking a declaration that the Parliament unlawfully failed to forward Question for written answer P-003358/17 to the Council of the European Union, in breach of Article 130 of the Rules of Procedure of the Parliament and the provisions of Annex II thereto.

Operative part of the order

1. The action is dismissed as inadmissible;

2. Mr Ryszard Antoni Legutko and Mr Tomasz Piotr Poręba are ordered to pay the costs.

(1) OJ C 161, 7.5.2018.
Order of the General Court of 6 May 2019 — ABLV Bank v ECB

(Case T-281/18) (1)

(Action for annulment - Economic and monetary union - Banking union - Single resolution mechanism for credit institutions and certain investment firms (SRM) - Resolution procedure applicable where an entity is failing or is likely to fail - Parent company and subsidiary - Declaration by the ECB that an entity is failing or is likely to fail - Regulation (EU) No 806/2014 - Preparatory measures - Acts not open to judicial review - Inadmissibility)

(2019/C 230/59)

Language of the case: English

Parties

Applicant: ABLV Bank AS (Riga, Latvia) (represented by: O. Behrends, M. Kirchner and L. Feddern, lawyers)

Defendant: European Central Bank (represented by: G. Marafioti and E. Koupepidou, acting as Agents, and J. Rodríguez Cárcamo, lawyer)

Re:

Application under Article 263 TFEU seeking annulment of the European Central Bank’s decisions of 23 February 2018 by which the latter declared that the applicant and its subsidiary, ABLV Bank Luxembourg SA, were failing or were likely to fail within the meaning of Article 18(1) of Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (OJ 2014 L 225, p. 1).

Operative part of the order

1. The action is dismissed as inadmissible.

2. ABLV Bank AS shall bear its own costs and pay those of the European Central Bank (ECB).

(1) OJ C 259, 23.7.2018.
Official Journal of the European Union

Order of the General Court of 30 April 2019 — XM and Others v Commission

(Case T-546/18) (1)

(2019/C 213/81)

Language of the case: French

The President of the Eighth Chamber has ordered that the case be removed from the register.

(1) OJ C 399, 5.11.2018.
Official Journal of the European Union

Order of the General Court of 11 July 2019 — Vattenfall Europe Nuclear Energy v Commission

(Case T-674/18) (1)

(Action for annulment - State aid - 16th Law amending the Law on Nuclear Energy (Atomgesetz) - Implementation of a judgment of the Bundesverfassungsgericht (German Federal Constitutional Court) - Companies operating nuclear power stations - Cessation of operation - Financial compensation for the amounts of electricity not generated - Letter from the Commission - No requirement for formal notification under Article 108(3) TFEU - Act not open to challenge - Inadmissibility)

(2019/C 328/63)

Language of the case: German

Parties

Applicant: Vattenfall Europe Nuclear Energy GmbH (Hamburg, Germany) (represented by: U. Karpenstein and R. Sangi, lawyers)

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

Re:

Action under Article 263 TFEU seeking annulment of the decision allegedly contained in the Commission’s letter of 4 July 2018, signed by the Commission’s Deputy Director-General for Competition and addressed to the Federal Republic of Germany.

Operative part of the order

1. The action is dismissed as inadmissible.

2. There is no longer any need to adjudicate on the application of the Federal Republic of Germany for leave to intervene.

3. Vattenfall Europe Nuclear Energy GmbH shall bear its own costs and pay those incurred by the European Commission.

4. The Federal Republic of Germany, Vattenfall Europe Nuclear Energy and the Commission shall each bear their own respective costs relating to the application for leave to intervene.

(1) OJ C 25, 21.1.2019.
Official Journal of the European Union

Order of the General Court of 7 June 2019 — Telemark plus v EUIPO (Telemarkfest)

(Case T-719/18) (1)

(EU trade mark - Application for EU word mark Telemarkfest - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001)

(2019/C 246/27)

Language of the case: German

Parties

Applicant: Telemark plus eV (Altusried, Germany) (represented by: S. Schenk, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Eberl and M. Fischer, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 25 September 2018 (Case R 346/2018-4), concerning an application for registration of the word sign Telemarkfest as an EU trade mark.

Operative part of the order

1. The action is dismissed as manifestly lacking any foundation in law.

2. Telemark plus eV shall pay the costs.

(1) OJ C 44, 4.2.2019.
Official Journal of the European Union

Order of the General Court of 26 September 2019 — YP v Commission

(Case T-562/18) (1)

(2019/C 423/86)

Language of the case: French

The President of the Third Chamber has ordered that the case be removed from the register.

(1) OJ C 399, 5.11.2018.
Official Journal of the European Union

Order of the General Court of 16 September 2019 — ZH v ECHA

(Case T-617/18) (1)

(Civil service - Members of the temporary staff - 2016 staff report - Sick leave - Claim for compensation - Complaint brought after expiry of the three-month period prescribed by Article 90(2) of the Staff Regulations - Force majeure - Excusable error - Manifest inadmissibility)

(2019/C 399/74)

Language of the case: English

Parties

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

Defendant: European Chemicals Agency (represented by: M. Heikkilä, T. Zbihlej and C.-M. Bergerat, acting as Agents, and by A. Duron, lawyer)

Re:

Application pursuant to Article 270 TFEU seeking, first, annulment of the applicant’s 2016 staff report and, second, compensation for the non-material damage which she claims to have suffered.

Operative part of the order

1. The action is dismissed.

2. ZH shall pay the costs.

(1) OJ C 436, 3.12.2018.
Official Journal of the European Union

Order of the General Court of 29 January 2020 — WV v EEAS

(Case T-388/18) (1)

(Action for annulment - Civil service - Officials - Article 24 of the Staff Regulations - Request for assistance - Rejection of request - Article 90(1) and (2) of the Staff Regulations - Out of time - Excusable error - Inadmissible)

(2020/C 103/41)

Language of the case: French

Parties

Applicant: WV (represented by: E. Boigelot, lawyer)

Defendant: European External Action Service (represented by: S. Marquardt and R. Spac, Agents)

Re:

Application based on Article 270 TFEU seeking the annulment, first, of an implied decision of the EEAS, alleged to have been made on 4 September 2017, rejecting the request for assistance lodged by the applicant and, second, the EEAS’ decision of 28 March 2018 dismissing the applicant’s complaint of 29 November 2017 against the implied rejection.

Operative part of the order

1. The application is dismissed as inadmissible.

2. WV is ordered to pay the costs.

(1) OJ C 352, 1.10.2018.
Official Journal of the European Union

Order of the General Court of 22 November 2019 — Pyke v EUIPO — Paglieri (CLIOMAKEUP)

(Case T-672/18) (1)

(EU trade mark - Opposition proceedings - Withdrawal of the opposition - No need to adjudicate)

(2020/C 27/42)

Language of the case: Italian

Parties

Applicant: Pyke Srl (Milan, Italy) (represented by: P. Roncaglia, F. Rossi, N. Parrotta and R. Perotti, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: L. Rampini, Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Paglieri SpA (Alessandria, Italy) (represented by: A. Perani and G. Ghisletti, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 28 August 2018 (Case 2675/2017-5) relating to opposition proceedings between Paglieri and Pyke.

Operative part

1) There is no longer any need to adjudicate on the action.

2) Pyke Srl and Paglieri SpA shall bear their own costs, and each pay half of the costs incurred by the European Union Intellectual Property Office (EUIPO).

(1) OJ C 25, 21.1.2019.