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

Judgment of the General Court of 30 April 2019 — Briois v Parliament

(Case T-214/18) (1)

(Privileges and immunities - Member of the European Parliament - Decision to waive parliamentary immunity - Relation with parliamentary duties - Equal treatment - Principle of sound administration - Rights of the defence - Non-contractual liability)

(2019/C 213/31)

Language of the case: French

Parties

Applicant: Steeve Briois (Hénin-Beaumont, France) (represented by: F. Wagner, lawyer)

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

Re:

Application, first, under Article 263 TFEU, seeking annulment of the decision P8_TA(2018)0020 of the Parliament of 6 February 2018 to waive the applicant’s parliamentary immunity and, secondly, application under Article 268 TFEU seeking compensation in respect of the harm allegedly suffered by the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Steeve Briois to bear his own costs and to pay those incurred by the European Parliament.

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

Judgment of the General Court of 11 April 2019 — Užstato sistemos administratorius v EUIPO — DPG Deutsche Pfandsystem (Representation of a bottle with an arrow)

(Case T-477/18) (1)

(EU trade mark - Opposition proceedings - Application for an EU figurative mark representing a bottle and an arrow - Earlier EU figurative mark representing a can, a bottle and an arrow - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2019/C 187/84)

Language of the case: English

Parties

Applicant: Užstato sistemos administratorius VŠĮ (Vilnius, Lithuania) (represented by: I. Lukauskienė, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: DPG Deutsche Pfandsystem GmbH (Berlin, Germany)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 22 May 2018 (Case R 2203/2017-2), relating to opposition proceedings between DPG Deutsche Pfandsystem and Užstato sistemos administratorius.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Užstato sistemos administratorius VšĮ to pay the costs.

(1) OJ C 341, 24.9.2018.
Judgment of the General Court of 16 May 2019 — Transtec v Commission

(Case T-228/18) (1)

(Public service contracts - Tender procedure - Framework contract for the provision of services - Services to third countries benefiting from external aid - Rejection of a tenderer’s bid and award of the contract to other tenderers - Allegations of grave professional misconduct against a tenderer - No final judgment or final administrative decision establishing grave professional misconduct - Conditions for referral to the panel referred to in Article 108 of the Financial Regulation - Abnormally low tenders - Duty to state reasons - Taking into account of a letter sent by the awarding authority after the action had been brought - Right to an effective remedy - Standstill period for bringing an action against the award decision - Equal treatment - Principle of non-discrimination - Articles 105a, 106, 108, 113 and 118 of the Financial Regulation - Non-contractual liability)

(2019/C 230/49)

Language of the case: French

Parties

Applicant: Transtec (Brussels, Belgium) (represented by: L. Levi and N. Flandin, lawyers)

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

Re:

First, application based on Article 263 TFEU, seeking annulment of the Commission’s decision of 26 March 2018, rejecting the tender for Lot 3 submitted by the consortium of which the applicant was the leader, in call for tenders EuropeAid/138778/DH/SER/Multi, entitled ‘Framework contract for the implementation of external aid 2018 (FWC SIEA 2018) 2017/S’, and the award of the contract to other tenderers and, second, application based on Article 268 TFEU, seeking compensation for the loss which the applicant allegedly suffered due to this rejection.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Transtec to pay the costs, including those relating to the interim proceedings.

(1) OJ C 182, 28.5.2018.
Judgment of the General Court of 20 May 2019 — Fundación Tecnalia Research & Innovation v REA

(Case T-104/18) (1)

(Arbitration clause - Grant agreement concluded in the framework of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) - Development of a system to monitor process and quality in the sector of industrial food production - Food-Watch Project - Overlap of the project with another project funded under the same programme - Information requirements on beneficiaries - Decision to demand repayment of the financial contribution paid under the grant agreement)

(2019/C 230/47)

Language of the case: Spanish

Parties

Applicant: Fundación Tecnalia Research & Innovation (San Sebastián, Spain) (represented by: P. Palacios Pesquera and M. Rius Coma, lawyers)

Defendant: Research Executive Agency (represented by: S. Payan-Lagrou and V. Canetti, acting as Agents, and by J. Rivas Andrés, lawyer)

Re:

Application based on Article 272 TFEU seeking, in essence, a declaration that the applicant is not required to repay the grant awarded for the project FP7-SME 2013 605879 (Food-Watch).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Fundación Tecnalia Research & Innovation to pay the costs, including those of the interim proceedings.

(1) OJ C 134, 16.4.2018.
Official Journal of the European Union

Judgment of the General Court of 12 June 2019 — Advance Magazine Publishers v EUIPO — Enovation Brands (VOGUE)

(Case T-346/18) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark VOGUE - Earlier EU word mark VOGA - Suspension of the administrative procedure - Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) - Rule 50(1) of Regulation No 2868/95)

(2019/C 263/51)

Language of the case: English

Parties

Applicant: Advance Magazine Publishers, Inc. (New York, New York, United States) (represented by: T. Alkin, Barrister, and N. Hine, Solicitor)

Defendant: European Union Intellectual Property Office (represented by: D. Gája and H. O’Neill, Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Enovation Brands, Inc. (Aventura, Florida, United States) (represented by: R. Almaraz Palmero, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 27 March 2018 (Case R 259/2017-4) concerning opposition proceedings between Enovation Brands and Advance Magazine Publishers.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 27 March 2018 (Case R 259/2017-4).

2. Orders EUIPO to bear its own costs and to pay the costs incurred by Advance Magazine Publishers, Inc.

3. Orders Enovation Brands, Inc. to bear its own costs.

(1) OJ C 268, 30.7.2018.
Official Journal of the European Union

Judgment of the General Court of 6 June 2019 — Torrefazione Caffè Michele Battista v EUIPO — Battista Nino Caffè (BATTISTINO)

(Case T-221/18) (1)

(EU trade mark - Invalidity proceedings - International registration designating the European Union - Word mark BATTISTINO - Earlier EU word mark BATTISTA - Declaration of invalidity - Proof of genuine use of the earlier trade mark - Article 57(2) of Regulation (EC) No 207/2009 (now Article 64(2) of Regulation (EU) 2017/1001))

(2019/C 255/51)

Language of the case: Italian

Parties

Applicant: Torrefazione Caffè Michele Battista Srl (Triggiano, Italy) (represented by: V. Franchini, F. Paesan and R. Bia, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Battista Nino Caffè Srl (Triggiano, Italy) (represented by: D. Russo, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 22 January 2018 (Case R 402/2017-5), relating to invalidity proceedings between Battista Nino Caffè and Torrefazione Caffè Michele Battista.

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 22 January 2018 (Case R 402/2017-5);

2. Dismisses the action as to the remainder;

3. Orders EUIPO and Battista Nino Caffè Srl to bear the costs incurred in the course of the proceedings before the Court.

(1) OJ C 190, 4.6. 2018.
Official Journal of the European Union

Judgment of the General Court of 9 July 2019 — VY v Commission

(Case T-253/18) (1)

(Civil service - Officials - Middle management post - Rejection of application - Vacancy notice - Selection procedure - Obligation to state reasons - Equality between men and women)

(2019/C 295/34)

Language of the case: French

Parties

Applicant: VY (represented by: J.-N. Louis, lawyer)

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

Re:

Application on the basis of Article 270 TFEU seeking the annulment of the decision rejecting the applicant’s application and the decision appointing another candidate to the post of Head of Unit within a European Union delegation.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders VY to pay the costs.

(1) OJ C 240, 9.7.2018.
Official Journal of the European Union

Judgment of the General Court of 27 June 2019 — Bodegas Altún v EUIPO — Codorníu (ANA DE ALTUN)

(Case T-334/18) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark ANA DE ALTUN - Earlier national figurative mark ANNA - Relative ground for refusal - Reputation - Article 8(5) of Regulation (EU) 2017/1001)

(2019/C 288/61)

Language of the case: Spanish

Parties

Applicant: Bodegas Altún, SL (Baños de Ebro, Spain) (represented by: J. Oria Sousa-Montes, 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: Codorníu, SA (Esplugues de Llobregat, Spain) (represented initially by: M. Ceballos Rodríguez and J. Güell Serra, lawyers, and subsequently by M. Ceballos Rodríguez and E. Stoyanov Edissonov, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 14 March 2018 (Case R 173/2018-1) relating to opposition proceedings between Codorníu and Bodegas Altún.

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 14 March 2018 (Case R 173/2018-1);

2. Orders EUIPO to bear its own costs and to pay one half of the costs incurred by Bodegas Altún, SL;

3. Orders Codorníu, SA to bear its own costs and to pay one half of the costs incurred by Bodegas Altún.

(1) OJ C 249, 16.7.2018.
Judgment of the General Court of 9 July 2019 — Germany v Commission

(Case T-53/18) (1)

(Approximation of laws - Regulation (EU) No 305/2011 - Regulation (EU) No 1025/2012 - Construction products - Harmonised standards EN 13341:2005 + A1:2011 and EN 12285-2:2005 - Obligation to state reasons)

(2019/C 328/50)

Language of the case: German

Parties

Applicant: Federal Republic of Germany (represented initially by T. Henze and J. Möller, and subsequently by J. Möller, acting as Agents, and by M. Winkelmüller, F. van Schewick and M. Kottmann, lawyers)

Defendant: European Commission (represented by: C. Hermes and A. Sipos, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of, first, Commission Decision (EU) 2017/1995 of 6 November 2017 to maintain in the Official Journal of the European Union the reference of harmonised standard EN 13341:2005 + A1:2011 on static thermoplastic tanks for above-ground storage of domestic heating oils, kerosene and diesel fuels in accordance with Regulation (EU) No 305/2011 of the European Parliament and of the Council (OJ 2017 L 288, p. 36) and, second, Commission Decision (EU) 2017/1996 of 6 November 2017 to maintain in the Official Journal of the European Union the reference of harmonised standard EN 12285-2:2005 on Workshop fabricated steel tanks in accordance with Regulation (EU) No 305/2011 of the European Parliament and of the Council (OJ 2017 L 288, p. 39)

Operative part of the judgment

The Court:

1. Dismisses the action;

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

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

Judgment of the General Court of 12 July 2019 — Miles-Bramwell Executive Services v EUIPO (FREE)

(Case T-114/18) (1)

(EU trade mark - Application for EU word mark FREE - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)

(2019/C 305/56)

Language of the case: English

Parties

Applicant: Miles-Bramwell Executive Services Ltd (Alfreton, United Kingdom) (represented initially by: J. Mellor QC, G. Parsons and A. Zapalowski, Solicitors, and subsequently by J. Mellor, G. Parsons and F. McConnell, Solicitors)

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

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 27 November 2017 (Case R 2166/2016-1), relating to an application for registration of the word sign FREE as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Miles-Bramwell Executive Services Ltd to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO).

(1) OJ C 152, 30.4.2018.
Judgment of the General Court of 12 September 2019 — Manéa v CdT

(Case T-225/18) (1)

(Civil service - Temporary members of staff - Fixed-term contract - Decision not to renew the applicant’s contract - Withdrawal of the decision and adoption of a new decision refusing renewal with effect from the date of the first decision - Liability)

(2019/C 399/56)

Language of the case: French

Parties

Applicant: Camelia Manéa (Echternach, Luxembourg) (represented by: M.-A. Lucas and M. Bertha, lawyers)

Defendant: Translation Centre for the bodies of the European Union (CdT) (represented by: J. Rikkert and M. Garnier, acting as Agents, and by B. Wägenbaur, lawyer)

Re:

Application under Article 270 TFEU for, first, annulment of the CdT’s decision of 29 May 2017 not to renew the applicant’s employment contract, second, an order that the CdT is to reinstate her within the CdT, and, third, compensation for the material and non-material damage resulting from the loss of permanent employment and from the CdT’s decision of 12 November 2015 not to renew the applicant’s employment contract.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Camelia Manéa to pay the costs.

(1) OJ C 221, 25.6.2018.
Official Journal of the European Union

Judgment of the General Court of 10 September 2019 — BP v Court of Justice of the European Union

(Case T-51/18) (1)

(Public service contracts - Tender procedure - Call for tenders of the Court of Justice of the European Union - Freelance translators - Selection procedure - Rejection of a tenderer’s offer - Obligation to state reasons - Manifest error of assessment)

(2019/C 383/68)

Language of the case: English

Parties

Applicant: BP (represented by: S. Tassi, lawyer)

Defendant: Court of Justice of the European Union (represented by: J. Inghelram, Á. Almendros Manzano and V. Hanley-Emilsson, acting as Agents)

Re:

Action based on Article 263 TFEU seeking annulment of the decision of the Court of Justice of the European Union of 23 November 2017 rejecting the applicant’s tender for the conclusion of a framework contract for the translation of legal texts from German into Greek.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders BP to pay the costs.

(1) OJ C 134, 16.4.2018.
Official Journal of the European Union

Judgment of the General Court of 24 September 2019 — Fränkischer Weinbauverband v EUIPO (Shape of an ellipsoidal bottle)

(Case T-68/18) (1)

(EU trade mark - Application for a three-dimensional EU trade mark - Shape of a bulbous ellipsoidal bottle, flattened on the front and back - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)

(2019/C 413/55)

Language of the case: German

Parties

Applicant: Fränkischer Weinbauverband eV (Würzburg, Germany) (represented by: L. Petri and M. Gilch, lawyers)

Defendant: European Union Intellectual Property Office (represented by: W. Schramek, M. Fischer and D. Walicka, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 4 December 2017 (Case R 413/2017-4), relating to an application for registration of a three-dimensional sign constituted by the shape of bulbous ellipsoidal bottle, flattened on the front and back.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Fränkischer Weinbauverband eV to pay the costs.

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

Judgment of the General Court of 20 September 2019 — M.I. Industries v EUIPO — Natural Instinct (Nature’s Variety Instinct)

(Case T-287/18) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark Nature’s Variety Instinct - Earlier national figurative mark Natural Instinct Dog and Cat food as nature intended - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2019/C 406/38)

Language of the case: English

Parties

Applicant: M.I. Industries, Inc. (Lincoln, Nebraska, United States) (represented by: M. Montañá Mora and S. Sebe Marin, 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, intervener before the General Court: Natural Instinct Ltd (Southwark, United Kingdom) (represented by: E. Yates, Solicitor, and N. Zweck, Barrister)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 6 March 2018 (Case R 1659/2017-5), relating to opposition proceedings between Natural Instinct and M.I. Industries.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders M.I. Industries, Inc. to pay the costs.

(1) OJ C 231, 2.7.2018
Judgment of the General Court of 24 September 2019 –Yanukovych v Council

(Case T-300/18) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in Ukraine - Freezing of funds - List of persons, entities and bodies subject to the freezing of funds and economic resources - Maintenance of the applicant’s name on the list - Council’s obligation to verify that the decision of an authority of a third State was taken in accordance with the rights of the defence and the right to effective judicial protection)

(2019/C 423/44)

Language of the case: English

Parties

Applicant: Viktor Feodorovych Yanukovych (Rostov on Don, Russia) (represented by: T. Beazley QC, E. Dean and J. Marjason-Stamp, Barristers)

Defendant: Council of the European Union (represented by: P. Mahnič and J. P. Hix, acting as Agents)

Re:

Application under Article 263 TFEU seeking the annulment of Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 48) and of Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2018 L 63, p. 5), in so far as the applicant’s name was maintained on the list of persons, entities and bodies subject to those restrictive measures.

Operative part of the judgment

The Court:

1. Annuls Council Decision (CFSP) 2018/333 of 5 March 2018 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, and Council Implementing Regulation (EU) 2018/326 of 5 March 2018 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, in so far as Mr Viktor Feodorovych Yanukovych’s name was maintained on the list of persons, entities and bodies subject to those restrictive measures;

2. Orders the Council of the European Union to pay the costs.

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

Judgment of the General Court of 3 October 2019 — Puma v EUIPO — Destilerias MG (MG PUMA)

(Case T-500/18) (1)

(EU trade mark - Opposition proceedings - Application for the EU word mark MG PUMA - Earlier EU word mark GINMG - Relative ground for refusal - Similarity of the signs - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2019/C 423/52)

Language of the case: English

Parties

Applicant: Puma SE (Herzogenaurach, Germany) (represented by: P. Trieb and M. Schunke, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Destilerias MG, SL (Vilanova i la Geltru, Spain) (represented by: E. Manresa Medina and J. Manresa Medina, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 6 June 2018 (Case R 2019/2017-2), relating to opposition proceedings between Destilerias MG and Puma.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Puma SE to pay the costs.

(1) OJ C 373, 15.10.2018.
1.

Annuls point 3 of the operative part of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 March 2018 (Case R 90/2017-2), in relation to invalidity proceedings between Agricultural and Processed Food Products Export Development Authority (APEDA) and Burraq Travel & Tours General Tourism Office SA, in so far as it upholds the dismissal of the application for a declaration of invalidity of EU figurative mark SIR BASMATI RICE in respect of the goods in Classes 30, 31 and 33 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, other than for ‘sago’ and ‘artificial rice [uncooked]’ in Class 30;
Official Journal of the European Union

Judgment of the General Court of 15 October 2019 — Vans v EUIPO (ULTRARANGE)

(Case T-434/18) (1)

(EU trade mark - Application for the EU word mark ULTRARANGE - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)

(2019/C 432/51)

Language of the case: German

Parties

Applicant: Vans, Inc. (Costa Mesa, California, United States) (represented by: M. Hirsch and M. Metzner, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 25 April 2018 (Case R 2544/2017-2), relating to an application for registration of the word sign ULTRARANGE as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 301, 27.8.2018.