ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 63/13

Order of the General Court of 14 December 2017 — Lackmann Fleisch- und Feinkostfabrik v EUIPO (Национальный Продукт)

(Case T-246/17) (1)

((EU trade mark - Application for EU figurative mark Национальный Продукт - Disregard of the procedural requirements - Article 177(1)(d) and (e) of the Rules of Procedure - Manifest inadmissibility))

(2018/C 063/17)

Language of the case: German

Parties

Applicant: Lackmann Fleisch- und Feinkostfabrik GmbH (Bühl, Germany) (represented by: A. Lingenfelser, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 16 February 2017 (Case R 1017/2016–1), concerning an application for registration of the figurative sign Национальный Продукт as an EU trade mark.

Operative part of the order

1. The action is dismissed as being manifestly inadmissible.

2. Lackmann Fleisch- und Feinkostfabrik GmbH shall pay the costs.

(1) OJ C 195, 19.6.2017.
EN Official Journal of the European Union C 13/19

Order of the President of the General Court of 13 November 2017 — Romania v Commission

(Case T-391/17 R)

((Interim measures - Institutional law - European citizens’ initiative - Protection of national and linguistic minorities and enhancement of cultural and linguistic diversity in the Union - Principle of conferral - Application for suspension of operation of a measure - No urgency))

(2018/C 013/31)

Language of the case: Romanian

Parties

Applicant: Romania (represented by: R.-H Radu, C.-M. Florescu, E. Gane and L. Liţu, acting as Agents)

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

Re:

Application based on Articles 278 and 279 TFEU seeking suspension of the operation of Commission Decision (EU) No 2017/652 of 29 March 2017 on the proposed citizens' initiative entitled ‘Minority SafePack — one million signatures for diversity in Europe’ (OJ 2017 L 92, p. 100).

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 190/30

Order of the General Court of 12 April 2018 — Lackmann Fleisch- und Feinkostfabrik v EUIPO (Лидер)

(Case T-386/17) (1)

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

(2018/C 190/52)

Language of the case: German

Parties

Applicant: Lackmann Fleisch- und Feinkostfabrik GmbH (Bühl, Germany) (represented by: A. Lingenfelser, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 28 April 2017 (Case R 2066/2016-1), concerning an application for registration of the figurative sign Лидер as an EU trade mark.

Operative part of the order

1. The action is dismissed.

2. Lackmann Fleisch- und Feinkostfabrik GmbH shall pay the costs.

(1) OJ C 256, 7.8.2017.
EN Official Journal of the European Union C 152/35

Order of the General Court of 5 March 2018 — Estamede v ECB

(Case T-124/17) (1)

((Non-contractual liability - Economic and Monetary Policy - ECB - Restructuring of Greek Government debt - Involvement of a Greek public law body managing a pension fund for engineers and contractors carrying out public works - Absence of interest or assignment of the right to compensation - Disregard of the procedural requirements - Manifest inadmissibility))

(2018/C 152/44)

Language of the case: Greek

Parties

Applicant: Enosi Syntaxiouchon Tameiou Asfaliseon Michanikon kai Ergolipton Dimosion Ergon (Estamede) (Athens, Greece) (represented by: P. Miliarakis, lawyer)

Defendant: European Central Bank (ECB) (represented by: A. Koutsoukou and K. Laurinavičius, acting as Agents, and by H.-G. Kamann, lawyer)

Re:

Application pursuant to Article 263 TFEU seeking compensation for the damage allegedly suffered by the Eniaios Foreas Koinonikis Asfalisis (EFKA) and, more particularly, its professional branch of engineers and contractors carrying out public works, the Tameio Syntaxeon Michanikon kai Ergolipton Dimosion Ergon (TSMEDE) (Tomeis Michanikon Ergolipton Dimosion Ergon), and its affiliates who retired following, in particular, the adoption by the ECB of Decision 2012/153/EU of 5 March 2012 on the eligibility of marketable debt instruments issued or fully guaranteed by the Hellenic Republic in the context of the Hellenic Republic’s debt exchange offer (OJ 2012 L 77, p. 19), and other measures of the ECB connected with the restructuring of Greek Government debt.

Operative part of the order

1. The action is dismissed as being manifestly inadmissible;

2. The Enosi Syntaxiouchon Tameiou Asfaliseon Michanikon kai Ergolipton Dimosion Ergon (Estamede) is ordered to pay the costs.

(1) OJ C 151, 15.5.2017.
Case T-620/17: Order of the General Court of 20 June 2018 — Teollisuuden Voima v Commission

Order of the General Court of 20 June 2018 — Teollisuuden Voima v Commission

(Case T-620/17) ( 1 )

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

( 1 ) OJ C 402, 27.11.2017.
Case T-197/17: Order of the General Court of 4 May 2018 — Abel and Others v Commission (Non-contractual liability — Environment — Adoption by the Commission of a regulation concerning polluting emissions from light passenger and commercial vehicles — Claim for compensation for the material and non-material harm allegedly suffered by the applicants — Harm not real and certain — Situation capable of materially affecting any person — Harm not capable of being compensated — Application for an injunction)

Order of the General Court of 4 May 2018 — Abel and Others v Commission

(Case T-197/17) ( 1 )

‛(Non-contractual liability — Environment — Adoption by the Commission of a regulation concerning polluting emissions from light passenger and commercial vehicles — Claim for compensation for the material and non-material harm allegedly suffered by the applicants — Harm not real and certain — Situation capable of materially affecting any person — Harm not capable of being compensated — Application for an injunction)’

Parties

Applicant: Marc Abel (Montreuil, France), and the 1 428 other applicants whose names appear in the annex to the order (represented by: J. Assous, lawyer)

Defendant: European Commission (represented by: J.-F. Brakeland, M. Huttunen and A. Becker, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking compensation for the harm suffered by the applicants following the adoption of Commission Regulation (ΕU) 2016/646 of 20 April 2016, amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6) (OJ 2016 L 109, p. 1).

Operative part of the order

1. The action is dismissed.

2. Mr Marc Abel and the other applicants whose names appear in the annex to the judgment are ordered to pay the costs.

( 1 ) OJ C 151, 15.5.2018.
Order of the General Court of 19 July 2018 — Izba Gospodarcza Producentów i Operatorów Urządzeń Rozrywkowych v Commission

(Case T-750/17) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Request for access to the observations of the Commission and a detailed opinion of a Member State in the context of a notification procedure under Directive (EU) 2015/1535 - Refusal to grant access - Disclosure after commencement of the action - Action which has become devoid of purpose - No need to adjudicate))

(2018/C 392/37)

Language of the case: English

Parties

Applicant: Izba Gospodarcza Producentów i Operatorów Urządzeń Rozrywkowych (Warsaw, Poland) (represented by: P. Hoffman, lawyer)

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

Re:

Application pursuant to Article 263 TFEU seeking the annulment of European Commission Decision C(2017) 6020 final of 29 August 2017, rejecting the confirmatory application of the applicant for access to the Commission’s comments and the detailed opinion of the Republic of Malta issued in the framework of notification procedure 2016/398/PL, pursuant to Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ 2015 L 241, p. 1).

Operative part of the order

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

2. There is no longer any need to adjudicate on the Republic of Poland’s application for leave to intervene.

3. Each party is to bear its own costs.

4. The Republic of Poland is to bear its own costs relating to the application for leave to intervene.

(1) OJ C 22, 22.1.2018.
Official Journal of the European Union

Order of the General Court of 3 July 2018 — Korea National Insurance Corporation v Council and Commission

(Case T-568/17) (1)

(2018/C 311/23)

Language of the case: English

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

(1) OJ C 338, 9.10.2017.
Order of the General Court of 18 September 2018 — eSlovensko v Commission

(Case T-664/17) (1)

(Action for annulment - Subsidies - Finding of irregularities - Commission decision imposing an administrative penalty - Exclusion from procurement procedures and from the award of grants financed by the general budget of the European Union for a period of two years - Registration in the early detection and exclusion system database - Challenge - Article 76(d) of the Rules of Procedure - Disregard of the procedural requirements - Inadmissibility)

(2018/C 427/94)

Language of the case: English

Parties

Applicant: eSlovensko (Lučenec, Slovakia) (represented by: B. Fridrich, lawyer)

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

Re:

Application pursuant to Article 263 TFEU seeking the annulment of the decision of the Commission of 21 June 2017, imposing the administrative penalty of exclusion of the applicant from procurement and grant award procedures financed from the general budget of the European Union for a period of 24 months and consequently registering it in the early detection and exclusion system database provided for in Article 108(1) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ 2012 L 298, p. 1).

Operative part of the order

1. The action is dismissed as inadmissible.

2. eSlovensko shall bear its own costs and those incurred by the European Commission.

(1) OJ C 424, 11.12.2017.
Order of the General Court of 24 September 2018 — Estampaciones Rubí v Commission

(Case T-775/17) (1)

(Action for annulment and for failure to act - State aid - State aid - Tax advantages granted by a territorial entity within a Member State - Aid scheme declared to be incompatible with the internal market - Implementation of the decision - Obligation to examine the individual situation of the recipients - Commission’s failure to adopt a position - Act not open to challenge - Inadmissibility)

(2018/C 427/101)

Language of the case: Spanish

Parties

Applicant: Estampaciones Rubí, SAU (Vitoria-Gasteiz, Spain) (represented by: D. Armesto Macías and K. Caminos García, lawyers)

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

Re:

Principally, application on the basis of Article 263 TFEU seeking the annulment of the decisions of the Commission contained in the documents of 4 December 2012 and 26 March 2013, entitled ‘Basque tax disputes — Proceedings for failure to fulfil obligations 2007/2215 — Informal message in response to the letter of 7 November (Álava)’ and ‘Basque tax disputes — Proceedings for failure to fulfil obligations 2007/2215 (Álava) — Informal message in response to the letters sent on 22 February and 4 and 12 March 2013 (Álava)’ and, in the alternative, application on the basis of Article 265 TFEU seeking a finding that the Commission unlawfully failed to respond to the applicant’s request set out in its letter of 28 July 2017.

Operative part of the order

1. The action is dismissed in its entirety as inadmissible.

2. Estampaciones Rubí, SAU shall bear its own costs and shall pay the costs incurred by the European Commission.

(1) OJ C 32, 29.1.2018.
Order of the General Court of 22 November 2018 — Daico International v EUIPO — American Franchise Marketing (RoB)

(Case T-355/17) (1)

((EU trade mark - Cancellation proceedings - Figurative mark RoB - Declaration of invalidity - Article 60(1) of Regulation (EC) No 207/2009 (now Article 68(1) of Regulation (EU) 2017/1001) - Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) - Rule 49(3) of Regulation (EC) No 2868/95 (now Article 23(3) of Regulation (EU) 2018/625) - Rule 62(3) of Regulation No 2868/95 (now Article 58(3) of Regulation 2018/625) - Action manifestly lacking any foundation in law))

(2019/C 44/78)

Language of the case: English

Parties

Applicant: Daico International BV (Amsterdam, Netherlands) (represented by: M. Kassner, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: American Franchise Marketing Ltd (London, United Kingdom)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 9 March 2017 (Case R 1405/2016-2), relating to cancellation proceedings between American Franchise Marketing and Daico International.

Operative part of the order

1. The action is dismissed.

2. Daico International BV shall pay the costs.

(1) OJ C 239, 24.7.2017.
Official Journal of the European Union

Order of the General Court of 22 November 2018 — Daico International v EUIPO — American Franchise Marketing (RoB)

(Case T-356/17) (1)

((EU trade mark - Cancellation proceedings - Word mark RoB - Declaration of invalidity - Article 75 of Regulation (EC) No 207/2009 (now Article 94 of Regulation (EU) 2017/1001) - Rule 62(3) of Regulation (EC) No 2868/95 (now Article 58(3) of Regulation (EU) 2018/625) - Action manifestly lacking any foundation in law))

(2019/C 44/79)

Language of the case: English

Parties

Applicant: Daico International BV (Amsterdam, Netherlands) (represented by: M. Kassner, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: American Franchise Marketing Ltd (London, United Kingdom)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 21 March 2017 (Case R 1407/2016-2), relating to cancellation proceedings between American Franchise Marketing and Daico International.

Operative part of the order

1. The action is dismissed.

2. Daico International BV shall pay the costs.

(1) OJ C 239, 24.7.2017.
Official Journal of the European Union

Order of the General Court of 27 February 2019 — Sports Group Denmark v EUIPO — K&L (WHISTLER)

(Case T-836/17) (1)

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

(2019/C 139/54)

Language of the case: English

Parties

Applicant: Sports Group Denmark A/S (Ikast, Denmark) (represented by: E. Skovbo, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: K&L GmbH & Co. Handels-KG (Weilheim, Germany)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 18 October 2017 (Case R 311/2017-1), relating to opposition proceedings between K&L and Sports Group Denmark.

Operative part of the order

1. There is no need to adjudicate.

2. Sports Group Denmark A/S shall pay the costs.

(1) OJ C 63, 19.2.2018.
Official Journal of the European Union

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

(Case T-142/17) (1)

(2019/C 54/52)

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.
Order of the General Court of 2 June 2021 — ClientEarth and Others v Commission

(Case T-436/17) (1)

(REACH - Commission decision granting an authorisation for some uses of lead sulfochromate yellow and of lead chromate molybdate sulfate red - Article 64 of Regulation (EC) No 1907/2006 - Internal review of a marketing authorisation decision - Article 10 of Regulation (EC) No 1367/2006 - No longer any legal interest in bringing proceedings - No need to adjudicate)

(2021/C 289/51)

Language of the case: English

Parties

Applicants: ClientEarth, (London, United Kingdom), European Environmental Bureau (EEB) (Brussels, Belgium), The International Chemical Secretariat (Gothenburg, Sweden), International POPs Elimination Network (IPEN) (Gothenburg) (represented by: A. Jones, Solicitor)

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

Intervener in support of the applicants: Kingdom of Sweden (represented by: C. Meyer-Seitz, H. Shev, L. Zettergren, A. Alriksson, J. Lundberg and H. Eklinder, acting as Agents)

Intervener in support of the defendant: European Chemicals Agency (represented by: M. Heikkilä, W. Broere and F. Becker, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment, (i), of Commission Decision C(2017) 2914 final of 2 May 2017, rejecting a request for internal review, made under Article 10 of Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ 2006 L 264, p. 13), of Commission Implementing Decision C(2016) 5644 final granting an authorisation for some uses of lead sulfochromate yellow and of lead chromate molybdate sulfate red under Article 60(4) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p. 1, corrigendum OJ 2007 L 136, p. 3) and, (ii), of that implementing decision.

Operative part of the order

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

2. The European Commission shall bear its own costs and shall pay those incurred by ClientEarth, European Environmental Bureau (EEB), The International Chemical Secretariat and International POPs Elimination Network (IPEN).

3. The Kingdom of Sweden and the European Chemicals Agency (ECHA) shall each bear their own costs.

(1) OJ C 300, 11.9.2017.
Official Journal of the European Union

Order of the General Court of 24 September 2019 — TrekStor and Beats Electronics v EUIPO — Beats Electronics and TrekStor (iBeat)

(Joined Cases T-748/17 and T-770/17) (1)

(EU trade mark - Revocation proceedings - Withdrawal of the application for revocation - No need to adjudicate - Article 137 of the Rules of Procedure of the General Court - Avoidable costs - Article 139(a) of the Rules of Procedure of the General Court)

(2019/C 413/65)

Language of the case: English

Parties

Applicant in Case T-748/17: TrekStor Ltd (Hong Kong, China) (represented by: O. Spieker, M. Alber and A. Schönfleisch, lawyers)

Applicant in Case T-770/17: Beats Electronics LLC (Culver City, California, United States) (represented by: M. Petersenn, lawyer, and I. Fowler, Solicitor)

Defendant: European Union Intellectual Property Office (represented, in Case T-748/17, initially by: E. Markakis and D. Walicka, and subsequently by E. Markakis, A. Söder and H. O’Neill, acting as Agents, and, in Case T-770/17, initially by: A. Söder and D. Walicka, and subsequently by A. Söder, E. Markakis and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court in Case T-748/17: Beats Electronics LLC (Culver City, California, United States) (represented by: M. Petersenn, lawyer, and I. Fowler, Solicitor)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court in Case T-770/17: TrekStor Ltd (Hong Kong, China) (represented by: O. Spieker, M. Alber and A. Schönfleisch, lawyers)

Re:

Actions brought against the decision of the Fourth Board of Appeal of EUIPO of 12 September 2017 (Joined Cases R 2175/2016-4 and R 2213/2016-4), relating to revocation proceedings between Beats Electronics and TrekStor.

Operative part of the order

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

2. TrekStor Ltd and Beats Electronics LLC shall bear their own respective costs and each pay half of the costs incurred by the European Union Intellectual Property Office (EUIPO).

3. TrekStor and Beats Electronics shall each pay to the Court the sum of EUR 2 500 under Article 139(a) of its Rules of Procedure.

(1) OJ C 22, 22.1.2018.
Official Journal of the European Union

Order of the President of the General Court of 12 July 2018 — RATP v European Commission

(Case T-250/18 R)

((Application for interim measures - Access to documents - Application for suspension of operation of a measure - No urgency))

(2018/C 328/70)

Language of the case: French

Parties

Applicant: Régie autonome des transports parisiens (RATP) (Paris, France) (represented by: E. Morgan de Rivery, P. Delelis and C. Lavin, lawyers)

Defendant: European Commission (represented by: A. Buchet, W. Mölls and C. Ehrbar, acting as Agents)

Intervener in support of the applicant: French Republic (represented by: E. de Moustier, I. Cohen and B. Fodda, acting as Agents)

Re:

Application based on Articles 278 TFEU and 279 TFEU, seeking suspension of the operation of Commission Decision C(2018) 1865 final of 21 March 2018, Gestdem 2017/4598, relating to partial access to documents.

Operative part of the order

1. The application for interim measures is dismissed;
Case T-148/18: Order of the General Court of 19 June 2018 — UE v Commission

Order of the General Court of 19 June 2018 — UE v Commission

(Case T-148/18) ( 1 )

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

( 1 ) OJ C 166, 14.5.2018.