ddrg/super_eurlex huggingface dataset:
Judgment of the General Court of 22 January 2020 — Lithuania v Commission

(Case T-19/18) (1)

(EAGF and EAFRD - Expenditure excluded from financing - Expenditure incurred by Lithuania - One-off and flat-rate financial corrections - Rural development - Cross-compliance control system - Administrative control - On-the-spot check - Quality of the checks - Quality of the applicants - Artificial conditions - Reasonableness of the costs - Expenditure incurred through projects - Risk analysis - Risk factors - Tolerance regarding penalties which is not provided for under EU legislation - Assessment and penalty system which is too lenient - Annual statistical control data)

(2020/C 77/60)

Language of the case: Lithuanian

Parties

Applicant: Republic of Lithuania (represented by: R. Dzikovič, V. Vasiliauskienė, M. Palionis and A. Dapkuvienė, acting as Agents)

Defendant: European Commission (represented by: A. Sauka, A. Steiblytė and J. Jokubauskaitė, acting as Agents)

Intervener in support of the applicant: Czech Republic (represented by: M. Smolek, J. Pavliš, O. Serdula, J. Vláčil and S. Šindelková, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of Commission Implementing Decision (EU) 2017/2014 of 8 November 2017 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2017, L 292, p. 61), in so far as it provides for the imposition on the Republic of Lithuania of a financial correction of EUR 9 745 705,88 regarding expenditure connected with EAFRD and a financial correction of EUR 546 351,91 regarding expenditure connected with EAGF and EAFRD.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Republic of Lithuania to bear its own costs and to pay those incurred by the European Commission;

3. Orders the Czech Republic to bear its own costs.

(1) OJ C 112, 26.3.2018.
Judgment of the General Court of 12 March 2020 — XB v ECB

(Case T-484/18) (1)

(Civil service - ECB staff - Remuneration - Household allowance - Dependent child allowance - Education and pre-school allowances - Eligibility - Rejection of applications for those allowances - Conditions of Short-Term Employment - Conditions and rules applicable to short-term employment contracts)

(2020/C 175/17)

Language of the case: English

Parties

Applicant: XB (represented by: L. Levi and A. Champetier, lawyers)

Defendant: European Central Bank (ECB) (represented by: D. Camilleri Podestà and F. von Lindeiner, acting as Agents, and by B. Wägenbaur, lawyer)

Re:

Application based on Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union seeking, first, annulment of the ECB’s decisions of 6 November and 4 December 2017 refusing to grant certain allowances and, as required, of the ECB’s decisions of 2 February 2018 rejecting the request for administrative review and of 5 June 2018 rejecting the request for a grievance procedure and, secondly, an order that the ECB pay the sum corresponding to those allowances.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders XB to pay the costs.

(1) OJ C 373, 15.10.2018.
Judgment of the General Court of 12 February 2020 — Kande Mupompa v Council

(Case T-170/18) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Renewal of the listing of the applicant’s name on the list of persons concerned - Obligation to state reasons - Rights of the defence - Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures - Error of law - Manifest error of assessment - Right to property - Right to respect for private and family life - Proportionality - Presumption of innocence - Plea of illegality - Modification of the form of order sought)

(2020/C 103/31)

Language of the case: French

Parties

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

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

Re:

Application based on Article 263 TFEU seeking annulment of Council Decision (CFSP) 2017/2282 of 11 December 2017 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2017 L 328, p. 19), of Council Implementing Decision (CFSP) 2018/569 of 12 April 2018 implementing Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2018 L 95, p. 21), and of Council Implementing Regulation (EU) No 2018/566 of 12 April 2018 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2018 L 95, p. 9), in so far as they concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 161, 7.5.2018.
Official Journal of the European Union

Judgment of the General Court of 28 May 2020 — Aurea Biolabs v EUIPO — Avizel (AUREA BIOLABS)

(Case T-724/18 and T-184/19) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark AUREA BIOLABS - Earlier EU word mark AUREA - Relative ground for refusal - Likelihood of confusion - Similarity of goods - Article 8(1)(b) of Regulation (EU) 2017/1001 - Correction of the Board of Appeal’s decision - Article 102 of Regulation 2017/1001)

(2020/C 230/36)

Language of the case: English

Parties

Applicant: Aurea Biolabs Pte Ltd (Cochin, India) (represented by: B. Brandreth QC and L. Oommen, Solicitor)

Defendant: European Union Intellectual Property Office (represented by: K. Kompari, H. O’Neill and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Avizel SA (Luxembourg, Luxembourg) (represented by: C. De Keersmaeker and W.-J. Cosemans, lawyers)

Re:

Action brought, in Case T-724/18, against the decision of the Second Board of Appeal of EUIPO of 11 September 2018 (Case R 814/2018-2), relating to opposition proceedings between Avizel and Aurea Biolabs, and, in Case T-184/19, action brought against the decision of the Second Board of Appeal of EUIPO of 29 January 2019 (Case R 814/2018-2 (CORR)), correcting the decision of 11 September 2018.

Operative part of the judgment

The Court:

1. Joins Cases T-724/18 and T-184/19 for the purposes of the judgment;

2. Dismisses the actions;

3. Orders Aurea Biolabs Pte Ltd, the European Union Intellectual Property Office (EUIPO) and Avizel SA to bear their own costs.

(1) OJ C 54, 11.2.2019.
Judgment of the General Court of 13 May 2020 — Agmin Italy v Commission

(Case T-290/18) (1)

(Financial Regulation - Exclusion from procurement and grant award procedures covered by the general EU budget and by the European Development Fund for a two-year period - Principle of impartiality - Rights of the defence - Error of assessment - Manifest error of assessment - Proportionality)

(2020/C 215/34)

Language of the case: Italian

Parties

Applicant: Agmin Italy SpA (Verona, Italy) ((represented by: F. Guardascione, lawyer)

Defendant: European Commission (represented by: F. Dintilhac and F. Moro, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of the Commission decision of 7 March 2018 excluding the applicant for three years from participating in procurement and grant award procedures covered by the general budget of the European Union, from participating in procedures for the award of funds from the European Development Fund (EDF) and from publishing information relating to that exclusion.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Agmin Italy SpA to pay the costs.

(1) OJ C 231, 2.7.2018.
Official Journal of the European Union

Judgment of the General Court of 8 July 2020 — Glimarpol v EUIPO — Metar (Pneumatic power tool)

(Case T-748/18) (1)

(Community design - Invalidity proceedings - Registered Community design representing a pneumatic power tool - Earlier design - Proof of disclosure - Article 7 of Regulation (EC) No 6/2002 - Ground for invalidity - Individual character - Different overall impression - Article 6(1)(b) of Regulation No 6/2002)

(2020/C 339/15)

Language of the case: English

Parties

Applicant: Glimarpol sp. z o.o. (Bytom, Poland) (represented by: M. Kondrat, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Metar sp. z o.o. (Gliwice, Poland) (represented by: R. Skubisz and M. Mazurek, lawyers)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 4 October 2018 (Case R 1615/2017-3), relating to invalidity proceedings between Metar and Glimarpol.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Glimarpol sp. z o.o. to pay the costs;

3. Orders Metar sp. z o.o. to bear its own costs.

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

Judgment of the General Court of 10 June 2020 — Boyer v EUIPO — Philicon-97 (PHILIBON DEPUIS 1957 www.philibon.com)

(Case T-718/18) (1)

(EU trade mark - Invalidity proceedings - EU figurative mark PHILIBON DEPUIS 1957 www.philibon.com - Earlier national figurative mark PHILICON - Relative ground for refusal - Well-known trade mark within the meaning of Article 6bis of the Paris Convention - Article 8(2)(c) of Regulation (EC) No 207/2009 (now Article 8(2)(c) of Regulation (EU) 2017/1001))

(2020/C 255/19)

Language of the case: English

Parties

Applicant: Boyer (Moissac, France) (represented by: É. Junca, lawyer)

Defendant: European Union Intellectual Property Office (represented by: L. Lapinskaite, A. Folliard-Monguiral, H. O’Neill and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Philicon-97 AD (Plovdiv, Bulgaria) (represented by: V. Pavlov and M. Lazarov, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 10 October 2018 (Case R 374/2018-4), relating to invalidity proceedings between Philicon 97 and Boyer.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Boyer to pay the costs.

(1) OJ C 54, 11.2.2019.
Judgment of the General Court of 28 October 2020 — Ben Ali v Council

(Case T-151/18) (1)

(Common foreign and security policy - Restrictive measures taken having regard to the situation in Tunisia - Measures taken against persons responsible for misappropriation of public funds and associated persons and entities - List of persons, entities and bodies covered by the freezing of funds - Maintenance of the applicant’s name on the list - Rights of defence - Right to effective judicial protection - Obligation to adjudicate within a reasonable - Sufficient factual basis - Time limits for bringing proceedings - Legal aid - Suspensive effect - Admissibility - Conditions)

(2020/C 443/22)

Language of the case: French

Parties

Applicant: Slim Ben Tijani Ben Haj Hamda Ben Ali (Verneuil-l’Étang, France) (represented by: K. Lara, lawyer)

Defendant: Council of the European Union (represented by: S. Lejeune, A. Jaume and V. Piessevaux, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of Council Decision (CFSP) 2018/141 of 29 January 2018 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2018 L 25, p. 38), of Council Decision (CFSP) 2019/135 of 28 January 2019 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2019 L 25, p. 23) and of Council Decision (CFSP) 2020/117 of 27 January 2020 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2020 L 22, p. 31) to the extent that those acts concern the applicant.

Operative part of the judgment

The Court:

1. Annuls Council Decision (CFSP) 2018/141 of 29 January 2018 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia and Council Decision (CFSP) 2019/135 of 28 January 2019 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia to the extent they concern Mr Slim Ben Tijani Ben Haj Hamda Ben Ali.

2. Dismisses the action for the remainder;

3. Orders the Council of the European Union to bear its own costs and pay those incurred by Mr Ben Ali.

(1) OJ C 263, 5.8.2019.
Judgment of the General Court of 23 September 2020 –Bax v ECB

(Case T-433/18) (1)

(Civil service - ECB staff - Career transition support - Eligibility - Legal certainty - Equal treatment - Legitimate expectations - Duty of care - Discrimination on grounds of sex - Proportionality - Liability)

(2020/C 399/41)

Language of the case: English

Parties

Applicant: Annemieke Bax (Frankfurt, Germany) (represented by: L. Levi and A. Champetier, lawyers)

Defendant: European Central Bank (represented by: F. Malfrère and D. Camilleri Podestà, acting as Agents, and by B. Wägenbaur, lawyer)

Re:

Application under Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union for the annulment of, first, the decision of the ECB of 14 December 2017 rejecting the applicant’s application for career transition support and, in so far as necessary, the decision of the ECB of 8 May 2018 dismissing the applicant’s special appeal against the abovementioned decision of 14 December 2017 and, second, for compensation for the non-material damage which the applicant claims to have suffered.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders each party to bear its own costs.

(1) OJ C 328, 17.9.2018.
Official Journal of the European Union

Judgment of the General Court of 13 January 2021 — Bezouaoui and HB Consultant v Commission

(Case T-478/18) (1)

(State aid - Construction plant driving safety training - Reimbursement of training by State-authorised collecting bodies (Organismes paritaires de collecte agréés, OPCAs) - Decision finding no State aid - Concept of State aid - Whether imputable to the State - Public control of resources)

(2021/C 72/26)

Language of the case: French

Parties

Applicants: Hacène Bezouaoui (Avanne, France) and HB Consultant (Beure, France) (represented by: J.-F. Henrotte and N. Neyrinck, lawyers)

Defendant: European Commission (represented by: C. Georgieva-Kecsmar and K. Herrmann, acting as Agents)

Re:

Application under Article 263 TFEU for annulment in part of Commission Decision C(2018) 2075 final of 10 April 2018 on Case SA.46897 (2018/NN) — France presumed aid in respect of the funding of training for the certificat d’aptitude à la conduite d’engins de chantier en sécurité (Handling Equipment Safe Operation Certificate, CACES).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders HB Consultant and Mr Hacène Bezouaoui to pay the costs.

(1) OJ C 373, 15.10.2018.
Judgment of the General Court of 16 December 2020 — Bilbaína de Alquitranes v Commission

(Case T-645/18) (1)

(Non-contractual liability - Environment - Classification, labelling and packaging of certain substances and mixtures - Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance - Sufficiently serious breach of a rule of law intended to confer rights on individuals)

(2021/C 44/70)

Language of the case: English

Parties

Applicant: Bilbaína de Alquitranes, SA (Luchana-Baracaldo, Spain) (represented by: K. Van Maldegem, M. Grunchard, S. Saez Moreno and P. Sellar, lawyers)

Defendant: European Commission (represented by: M. Wilderspin, R. Lindenthal and K. Talabér-Ritz, acting as Agents)

Interveners in support of the defendant: Kingdom of Spain (represented by: L. Aguilera Ruiz, acting as Agent), European Chemicals Agency (represented by: M. Heikkilä, W. Broere and T. Zbihlej, acting as Agents)

Re:

Action under Article 268 TFEU seeking compensation for the damage which the applicant claims to have suffered as a result of the adoption of Commission Regulation (EU) No 944/2013 of 2 October 2013 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (OJ 2013 L 261, p. 5), in so far as that regulation classified pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) and Aquatic Chronic 1 (H410) substance.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Bilbaína de Alquitranes, SA to bear its own costs and to pay those incurred by the European Commission;

3. Orders the Kingdom of Spain and the European Chemicals Agency (ECHA) to bear their own costs.

(1) OJ C 16, 14.1.2019.
Official Journal of the European Union

Judgment of the General Court of 2 June 2021 — Italy v Commission

(Case T-71/18) (1)

(Rules on languages - Notice of Open Competition for the recruitment of administrators in the fields of financial economics and macroeconomics - Knowledge of languages - Restriction of the choice of language 2 of the competition to three languages - Regulation No 1 - Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations - Discrimination based on language - Interests of the service - Proportionality)

(2021/C 289/49)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent and P. Gentili, avvocato dello Stato)

Defendant: European Commission (represented by: L. Vernier, G. Gattinara and D. Milanowska, acting as Agents)

Intervener in support of the applicant: Kingdom of Spain (represented by: S. Jiménez García, acting as Agent)

Re:

Application under Article 263 TFEU seeking annulment of the Notice of Open Competition EPSO/AD/339/17 organised to draw up a reserve list of administrators (AD 7) in the following fields: 1. Financial economics and 2. Macroeconomics (OJ 2017 C 386 A, p. 1).

Operative part of the judgment

The Court:

1. Annuls the Notice of Open Competition EPSO/AD/339/17 organised to draw up a reserve list of administrators (AD 7) in the following fields: 1. Financial economics and 2. Macroeconomics;

2. Orders the European Commission to bear its own costs and to pay those incurred by the Italian Republic;

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

(1) OJ C 112, 26.3.2018.
Official Journal of the European Union

Judgment of the General Court of 10 March 2021 — Ayuntamiento de Quart de Poblet v Commission

(Case T-539/18) (1)

(Arbitration clause - Competitiveness and Innovation Framework Programme (2007-2013) - ‘Highly scalable Deployment model of Inclusive E-Govern’ (DIEGO) and ‘Speeding Every European Digital’ (SEED) contracts - Debit notes - Eligible costs - Justification of the costs - Reliability of records of tasks carried out for the projects)

(2021/C 163/29)

Language of the case: Spanish

Parties

Applicant: Ayuntamiento de Quart de Poblet (Quart de Poblet, Spain) (represented by: B. Sanchis Piqueras and J. A. Rodríguez Pellitero, lawyers)

Defendant: European Commission (represented by: J. Estrada de Solà and M. Ilkova, acting as Agents)

Re:

Application under Article 272 TFEU seeking, in essence, a declaration that the Commission’s alleged contractual claims against the applicant under the DIEGO and SEED grant agreements are non-existent.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ayuntamiento de Quart de Poblet to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 427, 26.11.2018.
Official Journal of the European Union

Judgment of the General Court of 6 October 2021 — Covestro Deutschland v Commission

(Case T-745/18) (1)

(State aid - Aid scheme implemented by Germany in favour of certain large electricity consumers - Exemption from network charges for the period 2012 — 2013 - Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering recovery of the aid granted - Action for annulment - Time limit for bringing an action - Admissibility - Definition of aid - State resources - Equal treatment - Legitimate expectations)

(2021/C 471/54)

Language of the case: German

Parties

Applicant: Covestro Deutschland AG (Leverkusen, Germany) (represented by: M. Küper, J. Otter, C. Anger and M. Goldberg, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and K. Herrmann, acting as Agents)

Intervener in support of the applicant: Federal Republic of Germany (represented by: J. Möller, R. Kanitz, S. Heimerl and S. Costanzo, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of Commission Decision (EU) 2019/56 of 28 May 2018 of 7 May 2015 on the State aid SA.34045 (2013/C) (ex 2012/NN) implemented by Germany to baseload consumers under Paragraph 19 StromNEV (OJ 2019 L 14, p. 1).

Operative part of the judgment

1. The application is dismissed;

2. Covestro Deutschland AG is ordered to bear its own costs and those incurred by the European Commission;

3. The Federal Republic of Germany is ordered to bear its own costs.

(1) OJ C 82 of 4.3.2019.