ddrg/super_eurlex huggingface dataset:
Order of the General Court of 28 November 2019 — Pinto Teixeira v EEAS

(Case T-667/18) ( (1))

(Civil service - Rights and obligations of officials - Declaration of intention to engage in an occupational activity after leaving the service - Article 16 of the Staff Regulations - Risk of incompatibility with the legitimate interests of the institution - Deadline for responding to the declaration of intention - Implicit acceptance - Prohibition on engaging in an occupational activity after leaving the service - Non-material damage)

(2020/C 36/33)

Language of the case: French

Parties

Applicant: José Manuel Pinto Teixeira (Oeiras, Portugal) (represented by: S. Orlandi and T. Martin, lawyers)

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

Re:

Action based on Article 270 TFEU seeking, first, annulment of the decision of the EEAS of 21 February 2018 prohibiting the applicant from engaging in an outside activity pursuant to Article 16 of the Staff Regulations of Officials of the European Union and, secondly, compensation for the damage that the applicant claims to have suffered as a result of that decision.

Operative part

1) The decision of the European External Action Service (EEAS) of 21 February 2018 prohibiting Mr José Manuel Pinto Teixeira from engaging in an outside activity, pursuant to Article 16 of the Staff Regulations of Officials of the European Union, is annulled.

2) The action is dismissed as to the remainder.

3) Each party shall pay its own costs.

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

Judgment of the General Court of 21 November 2019 — K.A. Schmersal Holding v EUIPO — Tecnium (tec.nicum)

(Case T-527/18) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark tec.nicum - Earlier national figurative mark TECNIUM - Relative ground for refusal - Likelihood of confusion - Similarity of the services - Similarity of the signs - Article 8(1)(b) of Regulation (EU) 2017/1001 - Genuine use of the earlier mark - Point (a) of the second subparagraph of Article 18(1) and Article 47(2) and (3) of Regulation 2017/1001 - Form differing in elements which do not alter the distinctive character - Evidence submitted for the first time before the General Court)

(2020/C 19/52)

Language of the case: English

Parties

Applicant: K.A. Schmersal Holding GmbH & Co. KG (Wuppertal, Germany) (represented by: A. Haudan, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Tecnium, SL (Manresa, Spain) (represented by: E. Sugrañes Coca, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 21 June 2018 (Case R 2427/2017-5), relating to opposition proceedings between Tecnium and K.A. Schmersal Holding.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders K.A. Schmersal Holding GmbH & Co. KG to pay the costs.

(1) OJ C 381, 22.10.2018.
Official Journal of the European Union

Judgment of the General Court of 19 December 2019 — Zotkov v Commission

(Case T-457/18) (1)

(Civil Service - Contractual agents - Remuneration - Family benefits - Request to treat a person as a dependent child - Conditions of grant - Factors to take into account in the calculation of maintenance expenditure - Error in law)

(2020/C 61/31)

Language of the case: Bulgarian

Parties

Applicant: Rosen D. Zotkov (Brussels, Belgium) (represented by: N. Stankov, lawyer)

Defendant: European Commission (represented by: Y. Marinova and D. Milanowska, acting as Agents)

Re:

Application based on Article 270 TFEU seeking, first, annulment of the Commission’s decision of 30 April 2018 rejecting the applicant’s application for the grant of the allowance for a person treated as a dependent child and, second, review by the Commission of that decision, after correction of the financial calculation

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Rosen D. Zotkov to pay the costs.

(1) OJ C 341, 24.9.2018.
Official Journal of the European Union

Judgment of the General Court of 18 December 2019 — Gres de Aragón v EUIPO (GRES ARAGÓN)

(Case T-624/18) (1)

(EU trade mark - Application for the EU figurative mark GRES ARAGÓN - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - No descriptive character - Article 7(1)(c) of Regulation 2017/1001 - Obligation to state reasons - Error of law)

(2020/C 61/35)

Language of the case: Spanish

Parties

Applicant: Gres de Aragón, SA (Alcalñiz, Spain) (represented by: J. Learte Álvarez, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 16 August 2018 (Case R 2269/2017-1), concerning an application for registration of the figurative sign GRES ARAGÓN as an EU trade mark.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 16 August 2018 (Case R 2269/2017-1);

2. Orders EUIPO to pay the costs.

(1) OJ C 445, 10.12.2018.
Judgment of the General Court of 12 February 2020 — Kanyama v Council

(Case T-167/18) (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 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)

(2020/C 103/28)

Language of the case: French

Parties

Applicant: Célestin Kanyama (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, H. Marcos Fraile and S. Van Overmeire, 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), in so far as it concerns the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Célestin Kanyama to pay the costs.

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

Judgment of the General Court of 5 February 2020 — Hickies v EUIPO (Shape of a shoe lace)

(Case T-573/18) (1)

(EU trade mark - Application for a three-dimensional EU trade mark - Shape of a shoe lace - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Protection of a right relating to an earlier design - Evidence submitted for the first time before the Court)

(2020/C 95/31)

Language of the case: English

Parties

Applicant: Hickies, Inc. (New York, New York, United States) (represented by: I. Fowler, Solicitor, and S. Petivlasova, lawyer)

Defendant: European Union Intellectual Property Office (represented by: H. O’Neill, acting as Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 28 June 2018 (Case R 2693/2017-5), relating to an application for registration of a three-dimensional sign consisting of the shape of a shoe lace as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Hickies, Inc. to pay the costs.

(1) OJ C 408, 12.11.2018.
Official Journal of the European Union

Judgment of the General Court of 26 March 2020 — Bonnafous v Commission

(Case T-646/18) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Audit Report on HR Management in the EACEA - Refusal of access - Exception relating to the protection of the purpose of inspections, investigations and audits)

(2020/C 175/20)

Language of the case: French

Parties

Applicant: Laurence Bonnafous (Brussels, Belgium) (represented by A. Blot and S. Rodrigues, lawyers)

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

Re:

Action under Article 263 TFUE seeking annulment of Commission Decision C(2018) 6753 final of 9 October 2018 rejecting the application for access to the final 2018 audit report on HR Management in the Education, Audiovisual and Culture Executive Agency (EACEA) dated 21 January 2018 brought by the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Laurence Bonnafous to pay the costs.

(1) OJ C 25, 21.1.2019.
Judgment of the General Court of 12 February 2020 — Kibelisa Ngambasai v Council

(Case T-169/18) (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 - Proportionality - Article 76(d) of the Rules of Procedure - Plea of illegality)

(2020/C 103/30)

Language of the case: French

Parties

Applicant: Roger Kibelisa Ngambasai (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, H. Marcos Fraile and S. Van Overmeire, 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), in so far as it concerns the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Roger Kibelisa Ngambasai 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 — Diesel v EUIPO — Sprinter megacentros del deporte (Representation of a curved and angled line)

(Case T-615/18) (1)

(EU trade mark - Opposition proceedings - Application for an EU figurative mark representing a curved and angled line - Earlier EU figurative mark representing the capital letter D and earlier international figurative mark (D) representing an angled line - Relative ground for refusal - Genuine use of the earlier mark - Article 42(2) of Regulation (EC) No 207/2009 (now Article 47(2) of Regulation (EU) 2017/1001))

(2020/C 230/31)

Language of the case: English

Parties

Applicant: Diesel SpA (Breganze, Italy) (represented by: A. Parassina and A. Giovannardi, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Sprinter megacentros del deporte, SL (Elche, Spain) (represented by: S. Malynicz QC, and T. Austen, Barrister)

Re:

Action brought against the decision of the Fifth Board of EUIPO of 3 August 2018 (Case R 2657/2017-5), relating to opposition proceedings between Diesel and Sprinter megacentros del deporte.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 3 August 2018 (Case R 2657/2017-5) in so far as it concerns the earlier mark No 583708 with regard to ‘men and women’s denim jeans’ and ‘footwear’ in Class 25;

2. Dismisses the action as to the remainder;

3. Orders Diesel SpA, EUIPO and Sprinter megacentros del deporte, SL each to bear their own costs.

(1) OJ C 455, 17.12.2018.
Judgment of the General Court of 13 May 2020 — Talanton v Commission

(Case T-195/18) (1)

(Arbitration clause - Seventh framework programme for research, technological development and demonstration activities (2007-2013) - Perform Contract - Eligible costs - Repayment in part of the sums paid - Abuse of contractual rights - Principle of good faith - Legitimate expectations - Burden of proof - Counterclaim)

(2020/C 215/33)

Language of the case: Greek

Parties

Applicant: Talanton Anonymi Emporiki — Symvouleftiki-Ekpaideftiki Etaireia Dianomon, Parochis Ypiresion Marketing kai Dioikisis Epicheiriseon (Palaio Faliro, Greece) (represented by: K. Damis and M. Angelopoulos, lawyers)

Defendant: European Commission (represented by: R. Lyal and A. Kyratsou, acting Agents and G. Gerapetritis, lawyer)

Re:

First, application based on Article 272 TFEU seeking a declaration that the expenditure that the applicant declared in the context of grant agreement No 215952 relating to the implementation of the ‘A sophisticated multi-parametric system for the continuous-effective assessment and monitoring of motor status in parkinson’s disease and other neurodegenerative diseases’ project, concluded in the context of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013), was eligible and that the request, by the Commission, for recovery of the sum of EUR 481 835,56 and EUR 29 694,10, pursuant to that grant agreement, amounted to a breach of the Commission’s contractual obligations, as well as, second, a counterclaim seeking an order requiring the applicant to pay the sum of EUR 481 835,56, together with interest.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Talanton Anonymi Emporiki — Symvouleftiki-Ekpaideftiki Etaireia Dianomon, Parochis Ypiresion Marketing kai Dioikisis Epicheiriseon to reimburse to the European Commission non-eligible costs in the sum of EUR 481 835,56, together with late payment interest at the rate of 3,5 % from 26 February 2018;

3. Orders Talanton Anonymi Emporiki — Symvouleftiki-Ekpaideftiki Etaireia Dianomon, Parochis Ypiresion Marketing kai Dioikisis Epicheiriseon to pay to the European Commission, by way of compensation, a lump sum of EUR 29 694,10, together with late payment interest at the rate of 3,5 % from 26 February 2018;

4. Orders Talanton Anonymi Emporiki — Symvouleftiki-Ekpaideftiki Etaireia Dianomon, Parochis Ypiresion Marketing kai Dioikisis Epicheiriseon to pay the costs.

(1) OJ C 211, 18.6.2018.
Official Journal of the European Union

Judgment of the General Court of 9 September 2020 — BNP Paribas v ECB

(Cases T-150/18 and T-345/18) (1)

(Economic and monetary policy - Prudential supervision of credit institutions - Contribution to the deposit guarantee scheme or to the single resolution fund by way of irrevocable payment commitments - Tasks conferred on the ECB - ECB’s specific supervision powers - Article 4(1)(f), Article 16(1)(c) and Article 16(2)(d) of Regulation (EU) No 1024/2013 - Measure imposing the deduction of the cumulative sum of outstanding irrevocable payment commitments from Common Equity Tier 1 - Absence of individual examination)

(2020/C 378/32)

Language of the case: French

Parties

Applicant: BNP Paribas (Paris, France) (represented by: A. Gosset-Grainville, M. Trabucchi and M. Dalon, lawyers)

Defendant: European Central Bank (ECB) (represented by: E. Koupepidou, R. Bax and F. Bonnard, acting as Agents)

Re:

Application under Article 263 TFEU for partial annulment of Decision ECB/SSM/2017-R0MUWSFPU8MPRO8K5P83/248 of the ECB of 19 December 2017, Decision ECB-SSM-2018-FRBNP-17 of the ECB of 26 April 2018, and Decision ECB-SSM-2019-FRBNP-12 of the ECB of 14 February 2019.

Operative part of the judgment

The Court:

1. Joins Cases T-150/18 and T-345/18 for the purposes of the present judgment;

2. Annuls paragraphs 9.1 to 9.3 of Decision ECB/SSM/2017-R0MUWSFPU8MPRO8K5P83/248 of the European Central Bank (ECB) of 19 December 2017, paragraphs 9.1 to 9.3 of Decision ECB-SSM-2018-FRBNP-17 of the ECB of 26 April 2018, and paragraphs 8.1 to 8.4 of Decision ECB-SSM-2019-FRBNP-12 of the ECB of 14 February 2019;

3. Orders the ECB to pay the costs.

(1) OJ C 161, 7.5.2018.
Judgment of the General Court of 25 June 2020 — Siberia Oriental v CPVO (Siberia)

(Case T-737/18) (1)

(Plant variety rights - Application for amendment of the date of expiry of the Community protection of plant variety rights in respect of the Siberia variety of the species Lilium L. - Appeal before the Board of Appeal of the CPVO - Inadmissibility - Obligation to state reasons - Article 75 of Regulation (EC) No 2100/94 - Effective judicial protection - Article 67(1) and Article 87 of Regulation No 2100/94 - Correction of patent mistakes - Article 53(4) of Regulation (EC) No 874/2009)

(2020/C 271/43)

Language of the case: English

Parties

Applicant: Siberia Oriental BV (’t Zand, Netherlands) (represented by: T. Overdijk, lawyer)

Defendant: Community Plant Variety Office (represented by: M. Ekvad, F. Mattina and O. Lamberti, acting as Agents)

Re:

Action brought against the decision of the Board of Appeal of the CPVO of 15 October 2018 (Case A 009/2017), concerning an application for amendment of the date of expiry of Community protection of plant variety rights in respect of the Siberia variety of the species Lilium L.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Siberia Oriental BV to bear its own costs and to pay the costs incurred by the Community Plant Variety Office (CPVO).

(1) OJ C 54, 11.2.2019.
Judgment of the General Court of 9 December 2020 — Repsol v EUIPO — Basic (BASIC)

(Case T-722/18) (1)

(EU trade mark - Invalidity proceedings - EU figurative mark BASIC - Earlier national trade names basic and basic AG - Relative grounds for refusal - Use in the course of trade of a sign of more than mere local significance - Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001) - Declaration of partial invalidity - Decision taken following the annulment of an earlier decision by the General Court - Referral of the case back to a Board of Appeal - Lack of competence of the authority referring the case - Article 1(d) of Regulation (EC) No 216/96 - Cross-claim)

(2021/C 35/54)

Language of the case: English

Parties

Applicant: Repsol, SA (Madrid, Spain) (represented by: J.-B. Devaureix and J.C. Erdozain López, lawyers)

Defendant: European Union Intellectual Property Office (represented by: 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: Basic AG Lebensmittelhandel (Munich, Germany) (represented by: D. Altenburg, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 22 August 2018 (Case R 178/2018-2), relating to invalidity proceedings between Basic Lebensmittelhandel and Repsol.

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 August 2018 (Case R 178/2018-2);

2. Declares that there is no longer any need to adjudicate on the cross-claim;

3. Orders EUIPO and Basic AG Lebensmittelhandel to bear their own costs and each to pay half of the costs incurred by Repsol, SA.

(1) OJ C 54, 11.2.2019.
Official Journal of the European Union

Judgment of the General Court of 23 September 2020 — Bauer Radio v EUIPO — Weinstein (MUSIKISS)

(Case T-421/18) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark MUSIKISS - Earlier United Kingdom word and figurative marks KISS - Agreement on the withdrawal of the United Kingdom from the European Union and Euratom - Transition period - Decision of the Board of Appeal to remit the case to the Opposition Division - Admissibility - 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))

(2020/C 399/40)

Language of the case: English

Parties

Applicant: Bauer Radio Ltd (Peterborough, United Kingdom) (represented by: G. Messenger, Barrister)

Defendant: European Union Intellectual Property Office (represented by: S. Bonne, 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: Simon Weinstein (Vienna, Austria) (represented by: M.-R. Petsche and M. Grötschl, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 14 March 2018 (Case R 510/2017-1), relating to opposition proceedings between Bauer Radio and Mr Weinstein.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Bauer Radio Ltd to pay the costs.

(1) OJ C 294, 20.8.2018.
Official Journal of the European Union

Judgment of the General Court of 20 January 2021 — Jareš Procházková and Jareš v EUIPO — Elton Hodinářská (MANUFACTURE PRIM 1949)

(Case T-656/18) (1)

(EU trade mark - Invalidity proceedings - EU figurative mark MANUFACTURE PRIM 1949 - Absence of a prior right acquired pursuant to national law - Article 52(2)(c) of Regulation (EC) No 40/04 (now Article 60(2)(c) of Regulation (EU) 2017/1001))

(2021/C 79/38)

Language of the case: Czech

Parties

Applicants: Hana Jareš Procházková (Prague, Czech Republic), Antonín Jareš (Prague) (represented by: M. Kyjovský, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Elton Hodinářská a.s. (Nové Město nad Metují, Czech Republic) (represented by: T. Matoušek, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 7 September 2018 (Case R 1159/2017-4), relating to invalidity proceedings between, on the one hand, Mrs Jareš Procházková and Mr Jareš and, on the other hand, Elton Hodinářská.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mrs Hana Jareš Procházková and Mr Antonín Jareš to bear their own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO);

3. Orders Elton Hodinářská a.s. to bear its own costs.

(1) OJ C 4, 7.1.2019.
Official Journal of the European Union

Judgment of the General Court of 16 December 2020 — VW v Commission

(Case T-243/18) (1)

(Civil service - Officials - Surviving spouse - Survivor’s pension - Articles 18 and 20 of Annex VIII to the Staff Regulations - Conditions for eligibility - Duration of the marriage - Plea of illegality - Equal treatment - Principle of proportionality)

(2021/C 53/41)

Language of the case: French

Parties

Applicant: VW (represented by: N. de Montigny, lawyer)

Defendant: European Commission (represented by: B. Mongin and L. Vernier, acting as Agents)

Interveners in support of the defendant: European Parliament (represented by: D. Boytha and J. Steele, acting as Agents), Council of the European Union (represented by: M. Bauer and R. Meyer, acting as Agents)

Re:

Application based on Article 270 TFEU seeking the annulment of the decision of the Commission of 26 June 2017 dismissing the applicant’s application for a survivor’s pension and, in so far as is necessary, of the decision rejecting the complaint against that decision of 19 January 2018.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Commission of 26 June 2017 dismissing VW’s application for a survivor’s pension;

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

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

(1) OJ C 231, 2.7.2018.