ddrg/super_eurlex huggingface dataset:
Judgment of the General Court of 12 December 2018 — SH v Commission

(Case T-283/17) (1)

((Civil service - Officials - Remuneration - Family allowances - Third paragraph of Article 2(2) of Annex VII to the Staff Regulations - Concept of ‘dependent child’ - Guardianship judgment based on the legislation of a third country concerning the protection of minors - Refusal to grant dependent child status to children under guardianship - Equal treatment - Right to education - Best interests of the child))

(2019/C 72/32)

Language of the case: French

Parties

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

Defendant: European Commission (represented initially by M. Mensi, T. S. Bohr and A.-C. Simon, and subsequently by T. S. Bohr and G. Berscheid, acting as Agents)

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

Re:

Application based on Article 270 TFEU and seeking annulment of the decision of the Commission of 13 July 2016 by which the authority empowered to conclude contracts of employment refused to extend the payment of the dependent child allowance to the applicant and, in so far as necessary, annulment of the decision of that institution of 3 February 2017 rejecting the applicant’s complaint of 5 October 2016.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders SH to pay the costs;

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

(1) OJ C 231, 17.7.2017.
Judgment of the General Court of 15 January 2019 — Computer Market v EUIPO (COMPUTER MARKET)

(Case T-111/17) (1)

((EU trade mark - Application for the EU figurative mark COMPUTER MARKET - Absolute ground for refusal - Late filing of the notice of appeal - Inadmissibility of the appeal before the Board of Appeal - Article 60 of Regulation (EC) No 207/2009 (now Article 68 of Regulation (EU) 2017/1001) - Rule 49(1) of Regulation (EC) No 2868/95 (now Article 23(1)(b) of Delegated Regulation (EU) 2018/625)))

(2019/C 93/60)

Language of the case: English

Parties

Applicant: Computer Market (Sofia, Bulgaria) (represented by: B. Dimitrova, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas, Agent)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 13 December 2016 (Case R 1778/2016-2), relating to an application for registration of the figurative sign COMPUTER MARKET as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Computer Market to pay the costs.

(1) OJ C 213, 3.7.2017.
Official Journal of the European Union

Judgment of the General Court of 14 December 2018 — Dermatest v EUIPO (ORIGINAL excellent dermatest)

(Case T-803/17) (1)

((EU trade mark - Application for EU figurative mark ORIGINAL excellent dermatest - Absolute grounds for refusal - Descriptive character - No distinctive character - No distinctive character acquired through use - Article 7(1)(b) and (c) and 7(3) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) and 7(3) of Regulation (EU) 2017/1001)))

(2019/C 93/72)

Language of the case: German

Parties

Applicant: Dermatest Gesellschaft für allergologische Forschung u. Vertrieb von Körperpflegemitteln mbH (Münster, Germany) (represented by: J. Bühling and D. Graetsch, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 25 September 2017 (Case R 526/2017-4), relating to an application for registration of the figurative sign ORIGINAL excellent dermatest as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Dermatest Gesellschaft für allergologische Forschung u. Vertrieb von Körperpflegemitteln mbH to pay the costs.

(1) OJ C 42, 5.2.2018.
1.

Annuls Council Implementing Decision (CFSP) 2017/1245 of 10 July 2017 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria, Council Decision (CFSP) 2018/778 of 28 May 2018 amending Decision 2013/255/CFSP concerning restrictive measures against Syria and Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011, as last amended by Council Implementing Regulation (EU) 2017/1241 of 10 July 2017 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria and by Council Implementing Regulation (EU) 2018/774 of 28 May 2018 implementing Regulation No 36/2012 concerning restrictive measures in view of the situation in Syria, in so far as they relate to Alkarim for Trade and Industry LLC;
Judgment of the General Court of 7 February 2019 — TecAlliance v EUIPO — Siemens (TecDocPower)

(Case T-789/17) (1)

((EU trade mark - Opposition proceedings - Application for the EU word mark TecDocPower - Earlier EU word and figurative marks TECDOC and TecDoc - Relative ground for refusal - Similarity of goods and services - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Genuine use of earlier marks - Article 42(2) and (3) of Regulation No 207/2009 (now Article 47(2) and (3) of Regulation 2017/1001)))

(2019/C 103/47)

Language of the case: German

Parties

Applicant: TecAlliance GmbH (Ismaning, Germany) (represented by P. Engemann, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Siemens AG (Munich, Germany) (represented by V. von Bomhard and J. Fuhrmann, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 14 September 2017 (Case R 2433/2016-1) relating to opposition proceedings between TecAlliance and Siemens

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders TecAlliance GmbH to pay the costs.

(1) OJ C 42, 5.2.2018.
Judgment of the General Court of 28 March 2019 — Coesia v EUIPO (Representation of two oblique red curves)

(Case T-829/17) (1)

(EU trade mark - Application for an EU figurative mark representing two oblique red curves - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001) - Obligation to state reasons - Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001))

(2019/C 164/48)

Language of the case: Italian

Parties

Applicant: Coesia SpA (Bologna, Italy) (represented by: S. Rizzo, lawyer)

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

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 29 September 2017 (Case R 1272/2017-5), regarding an application for registration of a figurative sign representing two oblique red curves as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Coesia SpA to pay the costs.

(1) OJ C 63, 19.2.2018.
Judgment of the General Court of 5 March 2019 — Yellow Window v EIGE

(Case T-439/17) (1)

(Public service contracts - Tender procedure - Provision of a service for the implementation of a study on female genital mutilation - Rejection of a tenderer’s bid - Obligation to state reasons - Coherence between comments and the numerical score - Non-contractual liability)

(2019/C 139/46)

Language of the case: English

Parties

Applicant: Yellow Window (Antwerp, Belgium) (represented by: M. Velardo, lawyer)

Defendant: European Institute for Gender Equality (represented by: V. Ost and M. Vanderstraeten, lawyers)

Re:

Application (i) under Article 263 TFEU for annulment of the decision of the EIGE of 8 May 2017 rejecting the tender submitted by the applicant in procurement procedure EIGE/2017/OPER/04 and the decisions selecting as successful the tender submitted by Company Y and awarding that contract to it, (ii) under Article 268 TFEU for an award of damages in respect of those decisions and (iii) in the alternative, for compensation for irregularities in the award of that contract.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Institute for Gender Equality (EIGE) of 8 May 2017 rejecting the tender submitted by Yellow Window NV in the context of the EIGE/2017/OPER/04 tender procedure and the decisions of 8 May 2017 adopting the tender submitted by Company Y in the context of that procedure and awarding it that contract;

2. Dismisses the action as to the remainder;

3. Orders Yellow Window to bear 25 % of its own costs and the EIGE to bear its own costs and to pay 75 % of the costs incurred by Yellow Window.

(1) OJ C 338, 9.10.2017.
Official Journal of the European Union

Judgment of the General Court of 9 April 2019 — Qualcomm and Qualcomm Europe v Commission

(Case T-371/17) (1)

(Competition - Market for baseband chipsets used in consumer electronic devices - Administrative procedure - Article 18(3) and Article 24(1)(d) of Regulation (EC) No 1/2003 - Decision requesting information - Obligation to state reasons - Necessity of the information requested - Proportionality - Burden of proof - Privilege against self-incrimination - Principle of good administration)

(2019/C 187/76)

Language of the case: English

Parties

Applicants: Qualcomm, Inc (San Diego, California, United States), Qualcomm Europe, Inc., (Sacramento, California, United States) (represented by: M. Pinto de Lemos Fermiano Rato and M. Davilla, lawyers)

Defendant: European Commission (represented by: H. van Vliet, G. Conte, M. Farley and C. Urraca Caviedes, Agents)

Re:

Application pursuant to Article 263 TFEU for annulment of Commission Decision C(2017) 2258 final of 31 March 2017 relating to a proceeding pursuant to Article 18(3) and to Article 24(1)(d) of Council Regulation (EC) No 1/2003 (Case AT.39711 — Qualcomm (predation))

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Qualcomm, Inc. and Qualcomm Europe, Inc. to pay the costs, including those of the interim proceedings.

(1) OJ C 256, 7.8.2017.
Judgment of the General Court of 12 March 2019 — De Masi and Varoufakis v ECB

(Case T-798/17) (1)

(Access to documents - Decision 2004/258/EC - Document entitled ‘Responses to questions concerning the interpretation of Article 14.4. of the Statute of the ESCB and the ECB’ - Denial of access - Exception relating to the protection of legal advice - Exception relating to the protection of documents intended for internal use - Overriding public interest)

(2019/C 148/46)

Language of the case: German

Parties

Applicants: Fabio De Masi (Hamburg, Germany) and Yanis Varoufakis (Athens, Greece) (represented by: A. Fischer-Lescano, professor)

Defendant: European Central Bank (represented by: T. Filipova and F. von Lindeiner, acting as Agents, and by de H.-G. Kamann, lawyer)

Re:

Action under Article 263 TFEU for annulment of the decision of the ECB of 16 October 2017 refusing to grant the applicants access to the document of 23 April 2015 entitled ‘Responses to questions concerning the interpretation of Article 14.4. of the Statute of the ESCB and the ECB’.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Mr Fabio De Masi and Mr Yanis Varoufakis to bear, in addition to their own costs, those incurred by the European Central Bank (ECB).

(1) OJ C 42, 5.2.2018.
Official Journal of the European Union

Judgment of the General Court of 23 May 2019 — Recylex and Others v Commission

(Case T-222/17) (1)

(Competition - Agreements, decisions and concerted practices - Market for lead-acid car battery recycling - Decision finding an infringement of Article 101 TFEU - Coordination of purchase prices - Fines - Point 26 of the 2006 Leniency Notice - Point 37 of the Guidelines on the method of setting fines - Unlimited jurisdiction)

(2019/C 246/17)

Language of the case: English

Parties

Applicants: Recylex SA (Paris, France), Fonderie et Manufacture de Métaux SA (Brussels, Belgium), Harz-Metall GmbH (Goslar, Germany) (represented by: M. Wellinger, S. Reinart and K. Bongs, lawyers)

Defendant: European Commission (represented by: I. Rogalski, J. Szczodrowski and F. van Schaik, acting as Agents)

Re:

Application pursuant to Article 263 TFEU for a reduction of the amount of the fine imposed on the applicants in Commission Decision C(2017) 900 final of 8 February 2017 relating to a proceeding under Article 101 TFEU (Case AT.40018 — Car battery recycling).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Recylex SA, Fonderie et Manufacture de Métaux SA and Harz-Metall GmbH to pay the costs.

(1) OJ C 195, 19.6.2017.
Judgment of the General Court of 8 May 2019 — RW v Commission

(Case T-170/17) (1)

(Civil Service - Officials - Article 42c of the Staff Regulations - Leave in the interests of the service - Automatic retirement - Interest in bringing proceedings - Admissibility - Scope of the law - Literal, contextual and teleological interpretation)

(2019/C 220/44)

Language of the case: French

Parties

Applicant: RW (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission (represented initially by G. Berscheid and A.-C. Simon, and subsequently by G. Berscheid and B. Mongin, acting as Agents)

Re:

Action under Article 270 TFEU for annulment of the Commission’s decision of 2 March 2017 to place the applicant on leave in the interests of the service pursuant to Article 42c of the Staff Regulations of Officials of the European Union and, at the same time, to require him to take compulsory retirement pursuant to subparagraph 5 of that provision.

Operative part of the judgment

The Court:

1. Annuls the Commission’s decision of 2 March 2017 by which RW was placed on leave in the interests of the service and, at the same time, required to take compulsory retirement;

2. Orders the Commission to bear its own costs and to pay those incurred by RW, including those relating to the interlocutory proceedings.

(1) OJ C 161, 22.5.2017.
Judgment of the General Court of 26 June 2019 — Vialto Consulting v Commission

(Case T-617/17) (1)

(Non-contractual liability - Instrument for pre-accession assistance - Third country - National public procurement - Devolved management - Decision of a national authority - Investigations by OLAF - Nonmaterial damage - Sufficiently serious breach of a rule of law conferring rights on individuals - Article 7(1) of Regulation (EC) No 2185/96 - Principle of sound administration - Legitimate expectations - Proportionality - Right to be heard)

(2019/C 295/30)

Language of the case: Greek

Parties

Applicant: Vialto Consulting Kft. (Budapest, Hungary) (represented by: V. Christianos and S. Paliou, lawyers)

Defendant: European Commission (represented by: D. Triantafyllou, J. Baquero Cruz and J. Estrada de Solà, acting as Agents)

Re:

Application based on Article 268 TFEU seeking compensation for the damage allegedly suffered by the applicant due to unlawful acts allegedly committed, first, by the European Anti-Fraud Office (OLAF) in the course of an inspection carried out in the applicant’s premises and, second, by the European Commission following that inspection.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Vialto Consulting Kft. to pay the costs.

(1) OJ C 402, 27.11.2017.
Official Journal of the European Union

Judgment of the General Court of 13 June 2019 — CC v Parliament

(Case T-248/17 RENV) (1)

(Liability - Civil service - Recruitment - Open Competition EUR/A/151/98 - Errors committed by the European Parliament in the management of the reserve list - Material loss)

(2019/C 263/44)

Language of the case: French

Parties

Applicant: CC (represented by: G. Maximini and C. Hölzer, lawyers)

Defendant: European Parliament (represented by: M. Ecker and E. Despotopoulou, acting as Agents)

Re:

Application under Article 270 TFEU seeking compensation for the damage allegedly suffered by the applicant as a result of various errors committed by the Parliament in the management of the reserve list of Open Competition EUR/A/151/98.

Operative part of the judgment

The Court:

1. Orders the European Parliament to pay CC the sum of EUR 6 000;

2. Dismisses the action as to the remainder;

3. Orders the Parliament to pay the costs.

(1) OJ C 133, 5.5.2012 (case initially registered before the Civil Service Tribunal of the European Union under number F-9/12 and transferred to the General Court of the European Union on 1.9.2016).
Judgment of the General Court of 10 September 2019 — Trasys International and Axianseu — Digital Solutions v EASA

(Case T-741/17) (1)

(Public service contracts - Tender procedure - IT application and infrastructure management services - Rejection of a tenderer’s offer and award of the contract to other tenderers - Obligation to state reasons - Assessment of the existence of abnormally low tenders - Characteristics and relative merits of the tenders accepted - Request for a statement of reasons from a tenderer who is not in an exclusion situation and whose tender is compliant with the procurement documents)

(2019/C 383/66)

Language of the case: French

Parties

Applicants: Trasys International GEIE (Brussels, Belgium) and Axianseu — Digital Solutions SA (Lisbon, Portugal) (represented by L. Masson and G. Tilman, lawyers)

Defendant: European Aviation Safety Agency (EASA) (represented by S. Rostren, E. Tellado Vásquez and H. Köppen, acting as Agents, and V. Ost, M. Vanderstraeten and F. Tulkens, lawyers)

Re:

Application under Article 263 TFEU seeking annulment of the decision of the European Aviation Safety Agency (EASA) of 28 August 2017 rejecting the tender submitted by the consortium of applicants in call for tenders EASA.2017.HVP.08 relating to a public service contract concerning IT application and infrastructure management services in Cologne (Germany), and the award of the successive contract to three other tenderers.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Aviation Safety Agency (EASA) of 28 August 2017 rejecting the tender submitted by the consortium of Trasys International GEIE and Axianseu — Digital Solutions SA in call for tenders EASA.2017.HVP.08 relating to a public service contract concerning IT application and infrastructure management services in Cologne (Germany), and the award of the successive contract to three other tenderers;

2. Orders EASA to pay the costs.

(1) OJ C 13, 15.1.2018.
Official Journal of the European Union

Judgment of the General Court of 12 July 2019 — MAN Truck & Bus v EUIPO — Halla Holdings (MANDO)

(Case T-698/17) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark MANDO - Earlier international and national figurative marks MAN - Earlier national word mark Man - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

(2019/C 305/49)

Language of the case: English

Parties

Applicant: MAN Truck & Bus AG (Munich, Germany) (represented by: C. Röhl, lawyer)

Defendant: European Union Intellectual Property Office (represented initially by: J. Ivanauskas and D. Walicka, and subsequently 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: Halla Holdings Corp. (Yongin-si, South Korea) (represented by: M.-R. Hirsch and C. de Haas, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 13 July 2017 (Case R 1919/2016-1), relating to opposition proceedings between MAN Truck & Bus and Halla Holdings.

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 13 July 2017 (Case R 1919/2016-1) to the extent that it concluded that there was no likelihood of confusion between the word mark MANDO and the earlier international registration No 863 418 of the figurative mark MAN.

2. Dismisses the action as to the remainder.

3. Orders each party to bear its own costs.

(1) OJ C 437, 18.12.2017.
Official Journal of the European Union

Judgment of the General Court of 24 September 2019 — HSBC Holdings and Others v Commission

(Case T-105/17) (1)

(Competition - Agreements, decisions and concerted practices - Euro Interest Rate Derivatives sector - Decision establishing an infringement of Article 101 TFEU and Article 53 of the EEA Agreement - Manipulation of the Euribor interbank reference rates - Exchange of confidential information - Restriction of competition by object - Single and continuous infringement - Fines - Basic amount - Value of sales - Article 23(2) of Regulation (EC) No 1/2003 - Obligation to state reasons)

(2019/C 413/48)

Language of the case: English

Parties

Applicants: HSBC Holdings plc (London, United Kingdom), HSBC Bank plc (London), HSBC France (Paris, France) (represented by: K. Bacon QC, D. Bailey, Barrister, M. Simpson, Solicitor, and Y. Anselin and C. Angeli, lawyers)

Defendant: European Commission (represented by: M. Farley, B. Mongin and F. van Schaik, acting as Agents, and B. Lask, Barrister)

Re:

Application pursuant to Article 263 TFEU seeking, first, annulment in part of Commission Decision C(2016) 8530 final of 7 December 2016 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (AT.39914 — Euro Interest Rate Derivatives) and, second, a variation of the amount of the fine imposed on the applicants.

Operative part of the judgment

The Court:

1. Annuls Article 2(b) of Commission Decision C(2016) 8530 final of 7 December 2016 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT.39914 — Euro Interest Rate Derivatives (EIRD));

2. Dismisses the action as to the remainder;

3. Orders HSBC Holdings plc, HSBC Bank plc and HSBC France to bear their own costs;

4. Orders the European Commission to bear its own costs.

(1) OJ C 112, 10.4.2017.
Judgment of the General Court of 20 September 2019 — Jinan Meide Casting v Commission

(Case T-650/17) (1)

(Dumping - Implementing Regulation (EU) 2017/1146 - Imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in China, manufactured by Jinan Meide Castings Co., Ltd - Definitive anti-dumping duty - Resumption of the procedure following the partial annulment of Implementing Regulation (EU) No 430/2013 - Article 2(7)(a), (10) and (11) of Regulation (EC) No 1225/2009 (now Article 2(7)(a), (10) and (11) of Regulation (EU) 2016/1036) - Normal value - Fair comparison - Non-matching product types - Article 3(1) to (3) and Article 9(4) and (5) of Regulation No 1225/2009 (now Article 3(1) to (3) and Article 9(4) and (5) of Regulation 2016/1036) - Determination of injury)

(2019/C 406/31)

Language of the case: English

Parties

Applicant: Jinan Meide Casting Co. Ltd (Jinan, China) (represented by: R. Antonini, E. Monard and B. Maniatis, lawyers)

Defendant: European Commission (represented by: J.-F. Brakeland, M. França and N. Kuplewatzky, acting as Agents)

Re:

Action under Article 263 TFEU for the annulment of Commission Implementing Regulation (EU) 2017/1146 of 28 June 2017 re-imposing a definitive anti-dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People’s Republic of China, manufactured by Jinan Meide Castings Co., Ltd (OJ 2017 L 166, p. 23).

Operative part of the judgment

The Court:

1. Annuls Commission Implementing Regulation (EU) 2017/1146 of 28 June 2017 re-imposing a definitive anti-dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People’s Republic of China, manufactured by Jinan Meide Castings Co., Ltd;

2. Orders the European Commission to pay the costs.

(1) OJ C 374, 6.11.2017.