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

Judgment of the General Court of 28 April 2021 — Point Tec Products Electronic v EUIPO — Compagnie des montres Longines, Francillon (representation of two extended wings around a triangle)

(Case T-615/19) (1)

(EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative mark representing two extended wings around a triangle - Earlier EU figurative mark representing two extended wings around a rectangle - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Article 72(2) of Regulation 2017/1001)

(2021/C 242/39)

Language of the case: English

Parties

Applicant: Point Tec Products Electronic GmbH (Ismaning, Germany) (represented by: D. Wiedemann, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Lukošiūtė and S. Hanne, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Compagnie des montres Longines, Francillon S.A. (Saint-Imier, Switzerland) (represented by: P. González-Bueno Catalán de Ocón, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 8 July 2019 (Case R 2427/2018 5), relating to opposition proceedings between Compagnie des montres Longines, Francillon and Point Tec Products Electronic.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Point Tec Products Electronic GmbH to pay the costs.

(1) OJ C 363, 28.10.2019.
Judgment of the General Court of 9 June 2021 — Borborudi v Council

(Case T-580/19) (1)

(Common foreign and security policy - Restrictive measures taken against Iran with the aim of preventing nuclear proliferation - Freezing of funds - List of persons, entities and bodies subject to the freezing of funds and economic resources - Retention of the applicant’s name on the list - Error of assessment - Article 266 TFEU)

(2021/C 297/43)

Language of the case: English

Parties

Applicant: Sayed Shamsuddin Borborudi (Tehran, Iran) (represented by: L. Vidal, lawyer)

Defendant: Council of the European Union (represented by: V. Piessevaux and D. Mykolaitis, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of Council Implementing Regulation (EU) 2019/855 of 27 May 2019 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2019 L 140, p. 1) in so far as it retains the name of the applicant on the list set out in Annex IX to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ 2012 L 88, p. 1).

Operative part of the judgment

The Court:

1. Annuls Implementing Regulation (EU) 2019/855 of the Council of the European Union of 27 May 2019 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran in so far as it concerns Mr Sayed Shamsuddin Borborudi;

2. Orders the Council to pay the costs.

(1) OJ C 357, 21.10.2019.
Official Journal of the European Union

Judgment of the General Court of 2 June 2021 — Style & Taste v EUIPO — The Polo/Lauren Company (Representation of a polo player)

(Case T-169/19) (1)

(EU trade mark - Invalidity proceedings - EU figurative mark representing a polo player - Earlier national design - Relative ground for invalidity - Article 52(2)(d) of Regulation (EC) No 40/94 (now Article 60(2)(d) of Regulation (EU) 2017/1001))

(2021/C 289/50)

Language of the case: Spanish

Parties

Applicant: Style & Taste, SL (Madrid, Spain) (represented by: L. Plaza Fernández-Villa, 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, intervener before the General Court: The Polo/Lauren Company LP (New York, New York, United States) (represented by: M. Garayalde Niño, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 7 January 2019 (Case R 1272/2018-5), relating to invalidity proceedings between Style & Taste and The Polo/Lauren Company.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Style & Taste, SL to pay the costs.

(1) OJ C 155, 6.5.2019.
Judgment of the General Court of 14 July 2021 — Harrington Padrón v Council

(Case T-32/19) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in Venezuela - Freezing of funds - Lists of persons, entities and bodies subject to the freezing of funds and economic resources - Retention of the applicant’s name on the lists - Error of assessment)

(2021/C 349/41)

Language of the case: English

Parties

Applicant: Katherine Nayarith Harrington Padrón (Caracas, Venezuela) (represented by: L. Giuliano and F. Di Gianni, lawyers)

Defendant: Council of the European Union (represented by: A. Antoniadis, S. Kyriakopoulou and P. Mahnič, acting as Agents)

Re:

Application based on Article 263 TFEU and seeking the annulment of Council Decision (CFSP) 2018/1656 of 6 November 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 276, p. 10), and of Council Implementing Regulation (EU) 2018/1653 of 6 November 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 276, p. 1), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Katherine Nayarith Harrington Padrón to pay the costs.

(1) OJ C 103, 18.3.2019.
Judgment of the General Court of 30 June 2021 — FD v Fusion for Energy Joint Undertaking

(Case T-641/19) (1)

(Civil service - Temporary staff - Fixed-term contract - Decision not to renew - Psychological harassment - Misuse of powers - Duty to have regard for the welfare of staff - Equal treatment - Responsibilities)

(2021/C 320/39)

Language of the case: French

Parties

Applicant: FD (represented by: Casado García-Hirschfeld, lawyer)

Defendants: European Joint Undertaking for ITER and the Development of Fusion Energy (represented by: R. Hanak and G. Poszler, Agents, and B. Wägenbaur, lawyer)

Re:

Application under Article 270 TFEU for, first, annulment, in substance, of the decision of the European Joint Undertaking for ITER and the Development of Fusion Energy of 3 December 2018 not to renew the applicant’s fixed-term contract and, secondly, compensation for the material and non-material damage allegedly suffered by the applicant as a result of that decision, concerning an overall strategy of harassment of which, in his opinion, he was a victim.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders FD to pay the costs.

(1) OJ C 383, 11.11.2019.
Judgment of the General Court of 15 September 2021 — INC and Consorzio Stabile Sis v Commission

(Case T-24/19) (1)

(State aid - Italian motorways - Prolongation of concessions for the execution of works - Services of general economic interest - Cap on toll charges - Decision not to raise any objections - Article 106(2) TFEU - Actions brought by competitors of the beneficiary - Abandonment by the Member State of the plan to grant aid - Plan not capable of being implemented as approved - Annulment not procuring any advantage to the applicants - No longer any legal interest in bringing proceedings - No need to adjudicate)

(2021/C 452/18)

Language of the case: English

Parties

Applicants: INC SpA (Turin, Italy), Consorzio Stabile Sis SCpA (Turin) (represented by: H.-G. Kamann, F. Louis and G. Tzifa, lawyers)

Defendant: European Commission (represented by: L. Haasbeek, D. Recchia and S. Noë, acting as Agents)

Re:

Application under Article 263 TFEU for the annulment of Commission Decision C(2018) 2435 final of 27 April 2018 on State aid granted for the purposes of the Italian motorways investment plan (Cases SA.49335 (2017/N) and SA.49336 (2017/N)).

Operative part of the judgment

The Court:

1. Declares that there is no longer any need to adjudicate on the action brought by INC SpA and by Consorzio Stabile Sis SCpA;

2. Orders the European Commission to bear its own costs and to pay half of the costs incurred by INC and by Consorzio Stabile Sis;

3. Orders INC and Consorzio Stabile Sis to bear half of their own costs.

(1) OJ C 93, 11.3.2019.
Official Journal of the European Union

Judgment of the General Court of 1 September 2021 — e*Message Wireless Information Services v EUIPO — Apple (e*message)

(Case T-834/19) (1)

(EU trade mark - Invalidity proceedings - EU figurative mark e*message - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Declaration of invalidity - Provisions applicable ratione temporis - Application of subsequent case-law - Article 17 of the Charter of Fundamental Rights - Principles of protection of legitimate expectations and of legal certainty)

(2021/C 422/16)

Language of the case: English

Parties

Applicant: e*Message Wireless Information Services GmbH (Berlin, Germany) (represented by: A. Hotz, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Apple Inc. (Cupertino, California, United States) (represented by: V. Schmitz-Fohrmann, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 10 September 2019 (Case R 2454/2018-5), relating to invalidity proceedings between Apple and e*Message Wireless Information Services.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders e*Message Wireless Information Services GmbH to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Apple Inc.

(1) OJ C 45, 10.2.2020.
Judgment of the General Court of 24 November 2021 — LTTE v Council

(Case T-160/19) (1)

(Common foreign and security policy - Restrictive measures taken with a view to combating terrorism - Freezing of funds - List of the persons, groups and entities subject to the freezing of funds and economic resources - Maintaining the applicant’s name on the list - Factual basis of the decisions to freeze funds - Error of assessment - Obligation to state reasons - Rights of the defence - Right to effective judicial protection)

(2022/C 24/32)

Language of the case: English

Parties

Applicant: European Political Subdivision of the Liberation Tigers of Tamil Eelam (LTTE) (Herning, Denmark) (represented by: A. van Eik and T. Buruma, lawyers)

Defendant: Council of the European Union (represented by: B. Driessen and S. van Overmeire, acting as Agents)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: F. Shibli and S. McCrory, acting as Agents, and by P. Nevill, Barrister)

Re:

Application under Article 263 TFEU for annulment of (i) Council Decision (CFSP) 2019/25 of 8 January 2019 amending and updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2018/1084 (OJ 2019 L 6, p. 6), (ii) Council Decision (CFSP) 2019/1341 of 8 August 2019 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision 2019/25 (OJ 2019 L 209, p. 15), (iii) Council Implementing Regulation (EU) 2020/19 of 13 January 2020 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, and repealing Implementing Regulation (EU) 2019/1337 (OJ 2020 L 8 I, p. 1), and (iv) Council Implementing Regulation (EU) 2020/1128 of 30 July 2020 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, and repealing Implementing Regulation 2020/19 (OJ 2020 L 247, p. 1), and Council Decision (CFSP) 2020/1132 of 30 July 2020 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism, and repealing Decision (CFSP) 2020/20 (OJ 2020 L 247, p. 18)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the European Political Subdivision of the Liberation Tigers of Tamil Eelam (LTTE) to bear its own costs and to pay those incurred by the Council of the European Union;

3. Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.

(1) OJ C 155, 6.5.2019.
Official Journal of the European Union

Judgment of the General Court of 6 October 2021 — Sipcam Oxon v Commission

(Case T-518/19) (1)

(Plant protection products - Active substance chlorothalonil - Non-renewal of inclusion in the annex to Implementing Regulation (EU) No 540/2011 - Assessment procedure - Rights of the defence - Proposed classification of an active substance - Legal certainty - Proportionality - Precautionary principle)

(2021/C 481/30)

Language of the case: English

Parties

Applicant: Sipcam Oxon SpA (Milan, Italy) (represented by: C. Mereu and P. Sellar, lawyers)

Defendant: European Commission (represented by: F. Castilla Contreras, A. Dawes and I. Naglis, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of Commission Implementing Regulation (EU) 2019/677 of 29 April 2019 concerning the non-renewal of the approval of the active substance chlorothalonil, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011 (OJ 2019 L 114, p. 15).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sipcam Oxon SpA to pay the costs, including those relating to the proceedings for interim measures.

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

Judgment of the General Court of 2 February 2022 — Pilatus Bank and Pilatus Holding v ECB

(Case T-27/19) (1)

(Economic and monetary policy - Prudential supervision of credit institutions - Specific supervisory tasks conferred on the ECB - Decision to withdraw a credit institution’s authorisation - Indictment of the main shareholder in a third country - Criterion of good repute - Perception of good repute by the market - Presumption of innocence - Proportionality - Rights of the defence)

(2022/C 128/22)

Language of the case: English

Parties

Applicants: Pilatus Bank plc (Ta’Xbiex, Malta), Pilatus Holding Ltd. (Ta’Xbiex) (represented by: O. Behrends, lawyer)

Defendant: European Central Bank (represented by: E. Yoo, M. Puidokas and A. Karpf, Agents)

Intervener in support of the defendant: European Commission (represented by: D. Triantafyllou, A. Nijenhuis and A. Steiblytė, Agents)

Re:

Application based on Article 263 TFEU seeking annulment of the decision of the ECB of 2 November 2018 withdrawing the authorisation of Pilatus Bank to take up the business of a credit institution.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Pilatus Bank plc and Pilatus Holding Ltd. to bear their own costs and to pay those incurred by the European Central Bank (ECB);

3. Orders the European Commission to bear its own costs.

(1) OJ C 72, 25.2.2019.
Official Journal of the European Union

Judgment of the General Court of 15 December 2021 — Oltchim v Commission

(Case T-565/19) (1)

(State aid - Measures taken by Romania to support a petrochemical company - Non-enforcement, accumulation and cancellation of public claims - Action for annulment - Period within which proceedings must be brought - Point from which time starts to run - Article 24(1) of Regulation (EU) 2015/1589 - Interest in bringing proceedings - Existence of one or more measures - State resources - Imputability to the State - Applicability of the private creditor test - Application of the private creditor test - Obligation to state reasons)

(2022/C 84/48)

Language of the case: English

Parties

Applicant: Oltchim SA (Râmnicu Vâlcea, Romania) (represented by: C. Arhold, L.-A. Bondoc, S.-E. Petrisor and K. Struckmann, lawyers)

Defendant: European Commission (represented by: V. Bottka and F. Tomat, acting as Agents)

Re:

Application under Article 263 TFEU for partial annulment of Commission Decision (EU) 2019/1144 of 17 December 2018 on State aid SA.36086 (2016/C) (ex 2016/NN) implemented by Romania for Oltchim (OJ 2019 L 181, p. 13).

Operative part of the judgment

The Court:

1. Annuls Article 1(a) and (c) of Commission Decision (EU) 2019/1144 of 17 December 2018 on State aid SA.36086 (2016/C) (ex 2016/NN) implemented by Romania for Oltchim SA;

2. Annuls Articles 3 to 6 and Article 7(2) of Decision 2019/1144 in so far as they concern the measures referred to in Article 1(a) and (c) of that decision;

3. Dismisses the action as to the remainder;

4. Orders Oltchim to bear one quarter of its own costs;

5. Orders the European Commission to pay three quarters of the costs incurred by Oltchim and to bear its own costs.

(1) OJ C 383, 11.11.2019.
Official Journal of the European Union

Judgment of the General Court of 8 June 2022 — United Kingdom and ITV v Commission

(Case T-363/19 and T-456/19) (1)

(State aid - Aid scheme implemented by the United Kingdom in favour of certain multinational groups - Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering the recovery of the aid paid - Advance tax rulings - Tax regime relating to the financing of groups and concerning in particular controlled foreign companies - Selective tax advantages)

(2022/C 294/29)

Language of the case: English

Parties

Applicant in case T-363/19: United Kingdom of Great Britain and Northern Ireland (represented by: F. Shibli and S. McCrory, acting as Agents, and by P. Baker QC, and T. Johnston, Barrister)

Applicants in case T-456/19: ITV plc (London, United Kingdom) (represented by: J. Lesar, Solicitor, and K. Beal QC)

Defendant: European Commission (represented by: L. Flynn, S. Noë and B. Stromsky, acting as Agents and, in Case T 456/19, by M. Clayton and M. Segura Catalán, lawyers)

Interveners in support of the defendant in case T-456/19: United Kingdom (represented by: F. Shibli and S. McCrory, acting as Agents, and by P. Baker QC, and T. Johnston, Barrister), LSEGH (Luxembourg) Ltd (London), London Stock Exchange Group Holdings (Italy) Ltd (London) (represented by: A. von Bonin, O. Brouwer and A. Pliego Selie, lawyers)

Re:

Applications under Article 263 TFEU seeking annulment of Commission Decision (EU) 2019/1352 of 2 April 2019 on the State aid SA.44896 implemented by the United Kingdom concerning CFC Group Financing Exemption (OJ 2019 L 216, p. 1).

Operative part of the judgment

The Court:

1. Joins Cases T-363/19 and T-456/19 for the purposes of the present judgment;

2. Dismisses the actions;

3. Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs and to pay those incurred by the European Commission in Case T-363/19;

4. Orders ITV plc to bear its own costs and to pay those incurred by the Commission in Case T-456/19;

5. Orders LSEGH (Luxembourg) Ltd and London Stock Exchange Group Holdings (Italy) Ltd to bear their own costs;

6. Orders the United Kingdom to bear its own costs in Case T-456/19.

(1) OJ C 263, 5.8.2019.
Official Journal of the European Union

Judgment of the General Court of 16 March 2022 — MEKH and FGSZ v ACER

(Joined Cases T-684/19 and T-704/19) (1)

(Energy - Regulation (EU) 2017/459 - Network code adopted by the Commission including an ‘incremental capacity process’ - ACER decision approving the implementation of an incremental capacity project - Plea of illegality - Lack of competence of the Commission - Article 6(11), Article 7(3) and Article 8(6) of Regulation (EC) No 715/2009)

(2022/C 198/41)

Languages of the case: English and Hungarian

Parties

Applicant in Case T-684/19: Magyar Energetikai és Közmű-szabályozási Hivatal (MEKH) (Budapest, Hungary) (represented by: G. Stanka, J. Burai-Kovács, G. Szikla and Á. Kulcsár, lawyers)

Applicant in Case T-704/19: FGSZ Földgázszállító Zrt. (Siófok, Hungary) (represented by: M. Horányi, N. Niejahr and S. Zakka, lawyers)

Defendant: European Union Agency for the Cooperation of Energy Regulators (ACER) (represented: in Case T-684/19, by P. Martinet, D. Lelovitis and N. Keyaerts, acting as Agents, and by E. Ameye, M. de Sousa Ferro and Cs. Nagy, lawyers, and, in Case T-704/19, by P. Martinet, D. Lelovitis and N. Keyaerts, acting as Agents, and by E. Ameye and M. de Sousa Ferro, lawyers)

Interveners in support of the defendant: Energie-Control Austria für die Regulierung der Elektrizitäts- und Erdgaswirtschaft (E–Control) (represented by: S. Polster, lawyer), European Commission (represented by: O. Beynet and A. Sipos, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of Decision No 05/19 of the European Union Agency for the Cooperation of Energy Regulators (ACER) of 9 April 2019 and of Decision No A-004-2019 of the Board of Appeal of ACER of 6 August 2019.

Operative part of the judgment

The Court:

1. Declares the action brought by Magyar Energetikai és Közmű-szabályozási Hivatal (MEKH) inadmissible in so far as it concerns Decision No 05/2019 of the European Union Agency for the Cooperation of Energy Regulators (ACER) of 9 April 2019;

2. Annuls Decision No A-004-2019 of the Board of Appeal of ACER of 6 August 2019;

3. Orders ACER to bear its own costs and to pay those incurred by MEKH and FGSZ Földgázszállító Zrt.;

4. Orders the European Commission and Energie-Control Austria für die Regulierung der Elektrizitäts- und Erdgaswirtschaft (E-Control) to bear their own costs.

(1) OJ C 406, 2.12.2019.
Judgment of the General Court of 9 November 2022 — Feralpi v Commission

(Case T-657/19) (1)

(Competition - Agreements, decisions and concerted practices - Market for concrete reinforcing bars - Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 - Fixing of prices - Limiting and controlling output and sales - Decision taken following the annulment of earlier decisions - New hearing held in the presence of the competition authorities of the Member States - Rights of the defence - Principle of sound administration - Reasonable period - Obligation to state reasons - Proportionality - Ne bis in idem principle - Plea of illegality - single, complex and continuous infringement - Evidence of involvement in the cartel - Public distancing - Unlimited jurisdiction)

(2022/C 482/21)

Language of the case: Italian

Parties

Applicant: Feralpi Holding SpA (Brescia, Italy) (represented by: G. Roberti and I. Perego, lawyers)

Defendant: European Commission (represented by: P. Rossi, G. Conte and C. Sjödin, acting as Agents, and by P. Manzini, lawyer)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2019) 4969 final of 4 July 2019 relating to a breach of Article 65 of the ECSC Treaty (Case AT.37956 — Concrete reinforcing bars) and/or annulment or reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Feralpi Holding SpA to pay the costs.

(1) OJ C 399, 25.11.2019.