ddrg/super_eurlex huggingface dataset:
JUDGMENT OF THE COURT OF FIRST INSTANCE (Single Judge)

29 June 2004

Case T-188/03

Joëlle Hivonnet

v

Council of the European Union

(Officials – Education allowance – Criteria for granting – Primary schooling – Nursery school)

Full text in French II - 0000

Application: for annulment of the decision of the Council refusing to grant the applicant the education allowance for her daughter for the nursery school years 1999/2000 and 2000/01 and only granting that allowance on an exceptional basis for the nursery school year 2001/02, and a claim for compensation seeking payment of default interest on the sums corresponding to those allowances and damages for the non-pecuniary damage suffered as a result of that decision.

Held: The application is dismissed. The parties are ordered to bear their own costs.

Summary

1. Officials – Actions – Act adversely affecting an official – Definition – Grant of the education allowance on an exceptional basis – Precluded

(Staff Regulations, Art. 91(1))

2. Officials – Remuneration – Family allowances – Education allowance – Conditions for granting – Attendance at a primary educational establishment – Definition of ‘primary schooling’

(Staff Regulations, Annex VII, Art. 3)

3. Officials – Remuneration – Entitlement to default interest – Conditions

1. According to Article 91(1) of the Staff Regulations, only actions directed against an act adversely affecting the applicant are admissible, and only acts which are likely directly and immediately to affect the applicant’s legal situation adversely affect him.

Granting the education allowance to an official on an exceptional basis does not constitute a decision which restricts the rights of that official at present. Only if the exceptional nature of the decision were put forward subsequently as a ground for refusing to grant the allowance would the decision adversely affect the official concerned.

(see para. 16)

See: 204/85 Stroghili v Court of Auditors [1987] ECR 389, paras 6 and 11

2. As regards the definition of the concept of primary education provided for in Article 3 of Annex VII to the Staff Regulations, the classification given in national law to the schooling provided by an educational establishment cannot constitute a decisive factor for the purposes of that provision, even though it may be a relevant indication of the type of schooling provided.

However, in the absence of any criteria in the Staff Regulations to define that concept, reference should be made to the type of schooling provided, as defined by the national authorities.

(see paras 28-29)

See: T‑10/90 et T‑31/90 Boessen v ESC [1991] ECR II‑1365, paras 30 to 34

3. An obligation to pay an official default interest together with his remuneration and incidentals can arise only where the amount of the principal sum owed is certain or can at least be ascertained on the basis of established objective factors. Furthermore, an obligation to pay default interest should be recognised where there was an unjustified delay in actually determining the amount of the debt owed.

(see para. 45)

See: 264/83 Delhez v Commission [1986] ECR 2749, paras 20 and 23
EN Official Journal of the European Union C 315/63

Order of the General Court of 27 June 2014 — Mogyi v OHIM

(Case T-8/14) (1)

((Community trade mark - Revocation of the decision of the Board of Appeal - No need to adjudicate))

2014/C 315/105

Language of the case: Hungarian

Parties

Applicant: Mogyi Kft (Csávoly, Hungary) (represented by: Zs.J. Klauber, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Sipos and A. Folliard-Monguiral, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 19 September 2013 (Case R 1921/2012-1) concerning an application for registration of the word sign Just crunch it… as a Community trade mark.

Operative part of the order

1. It is no longer necessary to adjudicate on the action.

2. The defendant shall bear its own costs and pay those incurred by the applicant.

(1) OJ C 71, 8.3.2014.
EN Official Journal of the European Union C 431/25

Order of the President of the General Court of 4 September 2014 — Autoneum Germany v Commission

(Case T-295/14 R)

((Application for interim measures - State aid - National support for the generation of renewable electricity - Commission decision to open the State aid formal investigation procedure - Application for suspension of operation of a measure - Prima facie case))

(2014/C 431/44)

Language of the case: German

Parties

Applicant: Autoneum Germany GmbH (Roßdorf, Germany) (represented by: T. Volz and B. Wißmann, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and R. Sauer, Agents)

Re:

Application to suspend the legal effects of the decision by which the Commission opened the State aid formal investigation procedure concerning the German law on renewable energy.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 361/9

Order of the President of the General Court of 20 August 2014 — Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v Commission

(Case T-215/14 R)

((Interim proceedings - State aid - Airport infrastructure - Public finance granted by the local authorities to a regional airport - Decision declaring the aid incompatible with the internal market and ordering its recovery - Application for suspension of operation - Lack of urgency))

2014/C 361/11

Language of the case: Polish

Parties

Applicants: Gmina Miasto Gdynia (Poland) and Port Lotniczy Gdynia Kosakowo sp. Z.o.o. (Gdynia, Poland) (represented by: T. Koncewicz and K. Gruszecka-Spychala, lawyers)

Defendant: European Commission (represented by: D. Grespan, S. Noë and A. Stobiecka-Kuik, Agents)

Re:

Application to suspend operation of Commission Decision C(2014) 759 final of 11 February 2014 relating to measure S.A,35388 (2013/C) (ex 2013/NN and ex 2012/N) — Poland — Conversion of the Gdynia-Kosakowo airport

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 56/21

Order of the General Court of 12 December 2014 — Christian Dior Couture v OHIM (Representation of a pattern of squares with a honeycomb effect)

(Case T-313/14) (1)

((Community trade mark - Registration refused in part - Application for registration withdrawn in part - No need to adjudicate))

(2015/C 056/29)

Language of the case: French

Parties

Applicant: Christian Dior Couture SA (Paris, France) (represented by: M. Sabatier, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Pétrequin and A. Folliard-Monguiral, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 4 March 2014 (Case R 459/2013-4), in relation to an application for international registration designating the European Union.

Operative part of the order

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

2. The applicant is ordered to pay the costs.

(1) OJ C 223, 14.7.2014.
EN Official Journal of the European Union C 431/23

Order of the President of the General Court of 4 September 2014 — Röchling Oertl Kunststofftechnik v Commission

(Case T-286/14 R)

((Application for interim measures - State aid - National support for the generation of renewable electricity - Commission decision to open the State aid formal investigation procedure - Application for suspension of operation of a measure - Prima facie case))

(2014/C 431/40)

Language of the case: German

Parties

Applicant: Röchling Oertl Kunststofftechnik GmbH (Brensbach, Germany) (represented by: T. Volz and B. Wißmann, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and R. Sauer, Agents)

Re:

Application to suspend the legal effects of the decision by which the Commission opened the State aid formal investigation procedure concerning the German law on renewable energy.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 138/51

Order of the General Court of 5 March 2015 — Intesa Sanpaolo v OHIM (NEXTCARD)

(Case T-233/14) (1)

((Community trade mark - Application for Community word mark NEXTCARD - Partial refusal of registration by the examiner - Obligation to state reasons - Action manifestly lacking any foundation in law))

(2015/C 138/67)

Language of the case: Italian

Parties

Applicant: Intesa Sanpaolo SpA (Turin, Italy) (represented by: P. Pozzi, G. Ghisletti and F. Braga, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 10 February 2014 (Case R 1807/2013-5) concerning an application for registration of the word sign NEXTCARD as a Community trade mark.

Operative part of the order

1. The action is dismissed.

2. Intesa Sanpaolo SpA shall pay the costs.

(1) OJ C 235, 21.7.2014.
EN Official Journal of the European Union C 81/21

Order of the President of the General Court of 15 December 2014 — August Wolff and Remedia v Commission

(Case T-672/14 R)

((Application for interim measures - Marketing authorisation for medicinal products for human use - Application for suspension of operation of a measure - Lack of urgency))

(2015/C 081/27)

Language of the case: German

Parties

Applicants: Dr. August Wolff GmbH & Co. KG Arzneimittel (Bielefeld, Germany); and Remedia d.o.o (Zagreb, Croatia) (represented by: P. Klappich, C. Schmidt and P. Arbeiter, lawyers)

Defendant: European Commission (represented by: M. Šimerdová, A. Sipos and B.-R. Killmann, acting as Agents)

Re:

Application for the suspension of the operation of Commission Implementing Decision C (2014) 6030 final of 19 August 2014 concerning marketing authorisations for topical medicinal products for human use containing high concentrations of estradiol pursuant to Article 31 of Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use (OJ 2001 L 311, p. 67).

Operative part of the order

1. The application for interim measures is dismissed.

2. The order of 2 October 2014 is cancelled.
EN Official Journal of the European Union C 205/42

Order of the General Court of 23 April 2015 — Marzocchi Pompe v OHIM — Settima Meccanica (ELIKA)

(Case T-182/14) (1)

(2015/C 205/57)

Language of the case: Italian

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

(1) OJ C 159, 26.5.2014.
EN Official Journal of the European Union C 155/38

Order of the General Court of 16 March 2015 — Lech-Stahlwerke v Commission

(Case T-274/14) (1)

(2015/C 155/49)

Language of the case: German

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

(1) OJ C 223, 14.7.2014.
EN Official Journal of the European Union C 245/27

Order of the General Court of 22 May 2015 — Vestolit v Commission

(Case T-305/14) (1)

((State aid - Measures adopted by Germany in favour of electricity generated from renewable energy sources and of energy-intensive undertakings - Decision to open the procedure under Article 108(2) TFEU - Adoption of the final decision after the action was brought - No need to adjudicate))

(2015/C 245/33)

Language of the case: German

Parties

Applicant: Vestolit GmbH (Marl, Germany) (represented by: D. Greinacher, J. Martin and B. Scholtka, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and R. Sauer, acting as Agents, and by C. von Donat and G. Quardt, lawyers)

Re:

Application to annul in part Commission decision C (2013) 4424 final of 18 December 2013 to open the procedure under Article 108(2) TFEU regarding measures implemented by the Federal Republic of Germany in favour of renewable electricity and of energy-intensive users (State aid SA.33995 (2013/C) (ex 2013/NN)).

Operative part of the order

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

2. There is no longer any need to adjudicate on the application for intervention submitted by the EFTA Surveillance Authority.

3. Vestolit GmbH shall bear its own costs and those incurred by the European Commission, including those relating to the proceedings for interim measures.

4. The EFTA Surveillance Authority shall bear its own costs.

(1) OJ C 223, 14.7.2014.
EN Official Journal of the European Union C 221/20

Order of the General Court of 30 April 2015 — Alnapharm v OHIM — Novartis (Alrexil)

(Case T-839/14) (1)

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

(2015/C 221/27)

Language of the case: English

Parties

Applicant: Alnapharm GmbH & Co. KG (Hamburg, Germany) (represented by: H. Heldt, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: H. O'Neill, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Novartis AG (Basel, Switzerland)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 23 October 2014 (Case R 1723/2013-4) concerning opposition proceedings between Novartis AG and Alnapharm GmbH & Co. KG.

Operative part of the order

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

2. The applicant and the other party to the proceedings before the Board of Appeal shall bear their own costs and shall each pay half of the costs incurred by the defendant.

(1) OJ C 65, 23.2.2015.
EN Official Journal of the European Union C 294/63

Order of the General Court of 9 June 2015 — Drahtwerk St. Ingbert and Others v Commission

(Case T-275/14) (1)

((State aid - Measures adopted by Germany in favour of electricity generated from renewable energy sources and of energy-intensive undertakings - Decision to open the procedure under Article 108(2) TFEU - Adoption of the final decision after the action was brought - No need to adjudicate))

(2015/C 294/76)

Language of the case: German

Parties

Applicants: Drahtwerk St. Ingbert GmbH (Sankt Ingbert, Germany); DWK Drahtwerk Köln GmbH (Cologne, Germany); Kalksteingrube Auersmacher GmbH (Völklingen, Germany); Rogesa Roheisengesellschaft Saar mbH (Dillingen, Germany); Stahlguss Saar GmbH (Sankt Ingbert); and Zentralkokerei Saar GmbH (Dillingen) (represented by: S. Altenschmidt and H. Janssen, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and R. Sauer, acting as Agents, and by A. Luke and C. Maurer, lawyers)

Re:

Application to annul in part Commission decision C (2013) 4424 final of 18 December 2013 to open the procedure under Article 108(2) TFEU regarding measures implemented by the Federal Republic of Germany in favour of renewable electricity and of energy-intensive users (State aid SA.33995 (2013/C) (ex 2013/NN)).

Operative part of the order

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

2. There is no longer any need to adjudicate on the application for intervention submitted by the EFTA Surveillance Authority.

3. Drahtwerk St. lngbert GmbH, DWK Drahtwerk Köln GmbH, Kalksteingrube Auersmacher GmbH, Rogesa Roheisengesellschaft Saar mbH, Stahlguss Saar GmbH and Zentralkokerei Saar GmbH shall bear their own costs and those incurred by the European Commission.

4. The EFTA Surveillance Authority shall bear its own costs.

(1) OJ C 223, 14.7.2014.
Case T-573/14: Order of the General Court of 1 June 2015 — Polyelectrolyte Producers Group and SNF v Commission (Actions for annulment — Environment — Criteria for the award of the EU Ecolabel — Converted paper products — Excluded or limited substances and mixtures — Concentration limits for residual monomers — Article 263, fourth paragraph, TFEU — Lack of individual concern — Inadmissibility)

Order of the General Court of 1 June 2015 — Polyelectrolyte Producers Group and SNF v Commission

(Case T-573/14) ( 1 )

‛(Actions for annulment — Environment — Criteria for the award of the EU Ecolabel — Converted paper products — Excluded or limited substances and mixtures — Concentration limits for residual monomers — Article 263, fourth paragraph, TFEU — Lack of individual concern — Inadmissibility)’

Parties

Applicants: Polyelectrolyte Producers Group (Brussels, Belgium); and SNF SAS (Andrézieux-Bouthéon, France) (represented by: R. Cana and A. Patsa, lawyers)

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

Re:

Action for partial annulment of Commission Decision 2014/256/EU of 2 May 2014 establishing the ecological criteria for the award of the EU Ecolabel for converted paper products (OJ 2014 L 135, p. 24).

Operative part of the order

1) The action is dismissed as inadmissible.

2) Polyelectrolyte Producers Group and SNF SAS shall bear their own costs and pay those incurred by the European Commission.

( 1 ) OJ C 409, 17.11.2014.
EN Official Journal of the European Union C 311/61

Order of the General Court of 17 June 2015 — PRS Mediterranean v OHIM — Reynolds Presto Products (NEOWEB)

(Case T-166/14) (1)

(2015/C 311/67)

Language of the case: English

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

(1) OJ C 142, 12.5.2014.
EN Official Journal of the European Union C 294/57

Order of the General Court of 9 June 2015 — Deutsche Edelstahlwerke v Commission

(Case T-230/14) (1)

((State aid - Measures adopted by Germany in favour of electricity generated from renewable energy sources and of energy-intensive undertakings - Decision to open the procedure under Article 108(2) TFEU - Adoption of the final decision after the action was brought - No need to adjudicate))

(2015/C 294/69)

Language of the case: German

Parties

Applicant: Deutsche Edelstahlwerke GmbH (Witten, Germany) (represented by: S. Altenschmidt and H. Janssen, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and R. Sauer, acting as Agents, and by A. Luke and C. Maurer, lawyers)

Re:

Application to annul in part Commission decision C (2013) 4424 final of 18 December 2013 to open the procedure under Article 108(2) TFEU regarding measures implemented by the Federal Republic of Germany in favour of renewable electricity and of energy-intensive users (State aid SA.33995 (2013/C) (ex 2013/NN)).

Operative part of the order

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

2. There is no longer any need to adjudicate on the application for intervention submitted by the EFTA Surveillance Authority.

3. Deutsche Edelstahlwerke GmbH shall bear its own costs and those incurred by the European Commission.

4. The EFTA Surveillance Authority shall bear its own costs.

(1) OJ C 223, 14.7.2014.
EN Official Journal of the European Union C 381/32

Order of the General Court of 16 September 2015 — Bionorica v Commission

(Case T-619/14) (1)

((Action for failure to act - Consumer protection - Health claims made on foods - Regulation (EC) No 1924/2006 - Botanical substances - Time-limit for bringing an action - No legal interest in bringing proceedings - Act not amenable to review - Inadmissibility))

(2015/C 381/36)

Language of the case: German

Parties

Applicant: Bionorica SE (Neumark, Germany) (represented by: M. Weidner, N. Hußmann and T. Guttau, lawyers)

Defendant: European Commission (represented by: M. Wilderspin and S. Grünheid, acting as Agents)

Re:

Application seeking a declaration that the Commission failed to act in that it unlawfully refrained from ordering the European Food Safety Authority (EFSA) to evaluate the health claims relating to botanical substances as a condition prior to the adoption of the definitive list of authorised health claims in accordance with Article 13(3) of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (OJ 2006 L 404, p. 9).

Operative part of the order

1. The action is dismissed as inadmissible.

2. Bionorica SE shall pay the costs.

(1) OJ C 409, 17.11.2014.
EN Official Journal of the European Union C 320/28

Order of the General Court of 22 July 2015 — European Children’s Fashion Association and Instituto de Economía Pública v Commission and EACEA

(Case T-724/14) (1)

((Action for annulment - Arbitration clause - Action programme ‘Lifelong Learning (2007-2013)’ - ‘Brand & Merchandising manager for SMEs in the childrens’ product sector’ project - Pre-information letter - Debit note - Identification of the defendant - Partial inadmissibility))

(2015/C 320/44)

Language of the case: French

Parties

Applicants: European Children’s Fashion Association (Valencia, Spain); and Instituto de Economía Pública, SL (Valencia) (represented by: A. Haegeman, lawyer)

Defendants: European Commission (represented by: S. Delaude and S. Lejeune, acting as Agents) and ‘Education, Audiovisual and Culture’ Executive Agency (EACEA) (represented by: H. Monet and A. Jaume, acting as Agents)

Re

Primarily, application, pursuant to Article 272 TFEU, seeking to have declared as unfounded EACEA’s request for recovery of grants paid to the first applicant under the agreement for the execution of the ‘Brand & Merchandising Manager for SMEs in the Children’s Product Sector’ project, or, in the alternative, application for annulment, first, of EACEA’s pre-information letter of 1 August 2014 informing the first applicant that it had to reimburse the sum of EUR 82 378,81 following the audit of the that project and, second, of debit note No 3241401420, issued by EACEA on 5 August 2014, seeking the reimbursement of that sum.

Operative part of the order

1) The action is dismissed as inadmissible in so far as it relates to the European Commission.

2) European Children’s Fashion Association and Instituto de Economía Pública, SL are ordered to pay the costs of the proceedings.

(1) OJ C 7, 12.1.2015.
EN Official Journal of the European Union C 381/39

Order of the General Court of 14 September 2015 — Spain v Commission

(Case T-841/14) (1)

((Action for annulment - Own resources of the European Union - Financial liability of the Member States - Obligation to pay the Commission the amount corresponding to a loss of own resources - Amount of default interest - Letter from the Commission - Act not subject to appeal - Inadmissible))

(2015/C 381/45)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: A. Gavela Llopis, abogado del Estado)

Defendant: Commission (represented by: A. Caeiros and L. Lozano Palacios, acting as Agents)

Re:

Application for annulment of the decision allegedly made by the Commission’s Directorate-General for Budget contained in the letter (BUDG/B/03MV D (2014) 3486706 of 21 October 2014, by which the Commission applied Article 11 of amended Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 2007/436/EC, Euratom on the system of the European Communities’ own resources (OJ 2007 L 130, p. 1) and fixed at EUR 3 1 72 388,46 the amount of default interest to be paid by the Kingdom of Spain, at the latest on the last working day two months following the dispatch of that letter.

Operative part of the order

1. The action is dismissed.

2. The Kingdom of Spain shall bear the costs.

(1) OJ C 73, 2.3.2015.