ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 314/18

Judgment of the General Court of 14 July 2016 — Alesa v Commission

(Case T-99/14) (1)

((Public services contracts - Tendering procedure - Supply of technical assistance to the Chinese authorities for the purposes of the project ‘Sustainable urbanisation project - Link between the eco-cities of Europe and China (EC LINK)’ - Negotiated procedure - Article 266(1) of Delegated Regulation (EU) No 1268/2012 - Transparency - Equal treatment - Non-contractual liability))

(2016/C 314/25)

Language of the case: Italian

Parties

Applicant: Alesa Srl (Chieti, Italy) (represented by: N. Giampaolo, lawyer)

Defendant: European Commission (represented by: F. Erlbacher and A. Aresu, acting as Agents)

Re:

First, an application based on Article 263 TFEU and seeking annulment of the Commission decision, published in the Supplement to the Official Journal of the European Union (OJ 2013/S 234 405244), to award the public contract DCI-ASIA/2013/329-453, relating to the supply of technical assistance to the project ‘Sustainable urbanisation project — Link between the eco-cities of Europe and China (EC LINK)’ to a tenderer other than the applicant, secondly, an application based on Article 268 TFEU and seeking compensation for damage which the applicant allegedly suffered and, thirdly, an application based on Article 277 TFEU and requesting the General Court to assess ‘the lawfulness/unlawfulness and applicability/inapplicability’ of Article 266 of Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ 2012 L 362, p. 1), and of point 2.4.13 of the Practical Guide to contract procedures for European Union external actions.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Alesa Srl to pay the costs.

(1) OJ C 102, 7.4.2014.
EN Official Journal of the European Union C 402/37

Judgment of the General Court of 15 September 2016 — European Dynamics Luxembourg and Evropaïki Dynamiki v EIT

(Case T-481/14) (1)

((Public service contracts - Tender procedure - Supply of services for the development of a knowledge and information management platform - Software development services and maintenance of availability and efficiency of computer services - Refusal to rank the applicants in first place - Selection criteria - Award criteria - Obligation to state reasons - Manifest errors of assessment - Access to documents - Non-contractual liability))

(2016/C 402/41)

Language of the case: English

Parties

Applicants: European Dynamics Luxembourg SA (Ettelbrück, Luxembourg) and Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented initially by E. Siouti and M. Sfyri, and subsequently by M. Sfyri and A. Lymperopoulou, lawyers)

Defendant: European Institute of Innovation and Technology (represented initially by M. Kern, B. Győri-Hartwig and P. Juanes Burgos, and subsequently by B. Győri-Hartwig and P. Juanes Burgos, acting as Agents, assisted by P. Wytinck and B. Hoorelbeke, lawyers)

Re:

Application, firstly, on the basis of Article 263 TFEU for annulment of the EIT’s decision of 14 April 2014 ranking the tender submitted by the applicants in the context of an invitation to tender relating to computer and related services in second place, and for annulment of the EIT’s letter of 25 April 2014 by which it refused to communicate the names of the members of the evaluation committee and, secondly, on the basis of Article 168 TFEU, for damages.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders European Dynamics Luxembourg SA and Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to pay the costs.

(1) OJ C 351, 6.10.2014.
EN Official Journal of the European Union C 402/31

Judgment of the General Court of 15 September 2016 — LDC Argentina v Council

(Case T-118/14) (1)

((Dumping - Imports of biodiesel originating in Argentina - Definitive anti-dumping duty - Article 2(5) of Regulation (EC) No 1225/2009 - Normal value - Production costs))

(2016/C 402/34)

Language of the case: English

Parties

Applicant: LDC Argentina SA (Buenos Aires, Argentina) (represented by: J.-F. Bellis, R. Luff and G. Bathory, lawyers)

Defendant: Council of the European Union (represented initially by S. Boelaert and B. Driessen, and subsequently by H. Marcos Fraile, acting as Agents, and by R. Bierwagen and C. Hipp, lawyers)

Interveners in support of the defendant: European Commission (represented by M. França and A. Stobiecka-Kuik, acting as Agents) and European Biodiesel Board (EBB) (Brussels, Belgium) (represented by O. Prost and M.-S. Dibling, lawyers)

Re:

Action pursuant to Article 263 TFUE for annulment of Council Implementing Regulation (EU) No 1194/2013 of 19 November 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in Argentina and Indonesia (OJ 2013 L 315, p. 2) in so far as it imposes an anti-dumping duty on the applicant.

Operative part of the judgment

The Court:

1. Annuls Articles 1 and 2 of Council Implementing Regulation (EU) No 1194/2013 of 19 November 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in Argentina and Indonesia, in so far as they concern LDC Argentina SA;

2. Orders the Council of the European Union to bear its own costs and to pay the costs incurred by LDC Argentina;

3. Orders the European Commission and the European Biodiesel Board (EBB) to bear their own costs.

(1) OJ C 151, 19.5.2014.
EN Official Journal of the European Union C 30/43

Judgment of the General Court of 13 December 2016 — European Dynamics Luxembourg and Evropaïki Dynamiki v Commission

(Case T-764/14) (1)

((Public service contracts - Call for tender procedure - Technical assistance, development and implementation of a computerised system for the ASEAN customs transit system (ACTS) - Rejection of a tenderer’s bid - Award of the contract to another tenderer - Selection criteria - Award criteria - Obligation to state reasons - Manifest error of assessment - Equal treatment - Openness))

(2017/C 030/46)

Language of the case: Greek

Parties

Applicants: European Dynamics Luxembourg SA (Luxembourg, Luxembourg) and Evropaïki Dynamiki — Proigmena Sistimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented initially by: M. Sfyri and I. Ampazis, lawyers, and subsequently by: M. Sfyri)

Defendant: European Commission (represented initially by: S. Bartelt and A. Marcoulli, and subsequently by: S. Bartelt and M. Konstantinidis, acting as Agents)

Re:

Application on the basis of Article 263 TFEU seeking the annulment of the decision of the Commission of 5 September 2014 rejecting the bid submitted by the applicants in restricted call for tenders procedure EuropeAid/135040/C/SER/MULTI concerning the development of a computerised management system for the ASEAN customs transit system and awarding that contract to another tenderer.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders European Dynamics Luxembourg SA and Evropaïki Dynamiki — Proigmena Sistimata Tilepikoinonion Pliroforikis kai Tilematikis AE to pay the costs.

(1) OJ C 26, 26.1.2015.
EN Official Journal of the European Union C 428/14

Judgment of the General Court of 11 October 2016 — Søndagsavisen v Commission

(Case T-167/14) (1)

((State Aid - Aid scheme to support production and innovation aid for written media - Decision not to raise objections - Decision declaring the aid scheme compatible with the internal market - Procedural rights of the interested parties - No serious difficulties - Obligation to state reasons))

(2016/C 428/14)

Language of the case: Danish

Parties

Applicant: Søndagsavisen A/S (Søborg, Denmark) (represented initially by: M. Honoré and C. Fornø, lawyers, and subsequently by: M. Honoré, lawyer)

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

Intervener in support of the defendant: Kingdom of Denmark (represented by: C. Thorning, acting as Agent, assisted by R. Holdgaard, lawyer)

Re:

Application under Article 263 TFEU seeking the annulment of Commission Decision C(2013) 7870 final of 20 November 2013 concerning State aid SA.36366 (2013/N) notified by the Kingdom of Denmark Production in favour of production and innovation aid to written media.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Søndagsavisen A/S to bear its own costs and to pay those incurred by the European Commission;

3. Orders the Kingdom of Denmark to bear its own costs

(1) OJ C 223, 14.7.2014.
EN Official Journal of the European Union C 104/42

Judgment of the General Court of 17 February 2017 — Novar v EUIPO

(Case T-726/14) (1)

((Non-contractual liability - Proof of the existence, validity and scope of protection of the earlier mark - International registration designating the European Union - Decision rejecting the opposition in the absence of proof of the earlier right - Rule 19(2)(a) of Regulation (EC) No 2868/95 - Revision of the decision - Article 62(2) of Regulation (EC) No 207/2009 - Damage consisting in lawyers’ fees - Causal link))

(2017/C 104/59)

Language of the case: German

Parties

Applicant: Novar GmbH (Albstadt, Germany) (represented by: R. Weede, lawyer)

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

Re:

Application pursuant to Article 268 TFEU seeking compensation for material damage which the applicant allegedly sustained on account of lawyers’ fees that it incurred in an appeal against a decision of the Opposition Division allegedly adopted in breach of Rule 19(2)(a) of Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark and of general legal principles.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Novar GmbH and the European Union Intellectual Property Office (EUIPO) each to bear their own costs.

(1) OJ C 7, 12.1.2015.
EN Official Journal of the European Union C 70/16

Judgment of the General Court of 25 January 2017 — ANKO v Commission

(Case T-771/14) (1)

((Arbitration clause - Grant agreement concluded under the Sixth Framework Programme for research, technological development and demonstration activities (2002-2006) - Doc@Hand project - Eligible costs - Counterclaim - Repayment of amounts paid - Default interest))

(2017/C 070/22)

Language of the case: Greek

Parties

Applicant: ANKO AE Antiprosopeion, Emporiou kai Viomichanias (Athens, Greece) (represented by: V. Christianos and S. Paliou, lawyers)

Defendant: European Commission (represented by: R. Lyal and P. Arenas, acting as Agents, and by O. Lytra, lawyer)

Re:

First, application based on Article 272 TFUE and seeking a declaration that the Commission’s demand for reimbursement of an amount paid to the applicant under agreement No 508015 to fund the project entitled ‘Knowledge Sharing and Decision Support for Healthcare Professionals’, concluded under the Sixth Framework Programme of the European Community for research, technological development and demonstration activities (2002-2006) is unfounded, and, secondly, a counterclaim seeking an order against the applicant for repayment of an amount wrongfully paid under that agreement.

Operative part of the judgment

1. The action brought by ANKO AE Antiprosopeion, Emporiou kai Viomichanias is dismissed;

2. ANKO AE Antiprosopeion, Emporiou kai Viomichanias is ordered to pay to the European Commission the amount of EUR 296 149,77, plus default interest from 3 May 2014 and until full payment of that amount, at the rate of 3,75 %;

3. ANKO AE Antiprosopeion, Emporiou kai Viomichanias is ordered to pay the costs.

(1) OJ C 65, 23.2.2015.
EN Official Journal of the European Union C 213/25

Judgment of the General Court of 3 May 2017 — Sotiropoulou and Others v Council

(Case T-531/14) (1)

((Non-contractual liability - Economic and monetary policy - Decisions addressed to a Member State with a view to remedying an excessive deficit situation - Reduction in and withdrawal of pension rights in Greece - Sufficiently serious infringement of a rule of law conferring rights on individuals))

(2017/C 213/32)

Language of the case: Greek

Parties

Applicants: Leïmonia Sotiropoulou (Patras, Greece) and the 63 other applicants whose names are listed in the annex to the judgment (represented by: K. Chrysogonos, lawyer)

Defendant: Council of the European Union (represented by: A. de Gregorio Merino, E. Chatziioakeimidou and E. Dumitriu-Segnana, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: J.-P. Keppenne and M. Konstantinidis, acting as Agents)

Re:

Action on the basis of Article 268 TFEU seeking compensation for the loss allegedly suffered by the applicants as a result of the adoption of the decisions of the Council addressed to the Hellenic Republic in activation of the mechanism provided for in Article 126 TFEU.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Leïmonia Sotiropoulou and the other applicants whose names are listed in the annex to the judgment to pay the costs;

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

(1) OJ C 351, 6.10.2014.
EN Official Journal of the European Union C 121/22

Judgment of the General Court of 28 February 2017 — JingAo Solar and Others v Council

(Case T-157/14) (1)

((Dumping - Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China - Definitive anti-dumping duty - Undertakings - Action for annulment - Interest in bringing proceedings - Admissibility - Exporting country - Scope of the investigation - Sampling - Normal value - Definition of the product concerned - Time limit for the adoption of a decision on a market economy treatment claim - Temporal application of new provisions - Injury - Causal link))

(2017/C 121/31)

Language of the case: English

Parties

Applicants: JingAo Solar Co. Ltd (Ningjin, China) and the other applicants whose names appear in the annex (represented initially by A. Willems, S. De Knop and J. Charles, and subsequently by A. Willems and S. De Knop, lawyers)

Defendant: Council of the European Union (represented by: B. Driessen, acting as Agent, B. O’Connor, Solicitor, and S. Gubel, lawyer)

Intervener in support of the defendant: European Commission (represented initially by J.-F. Brakeland, T. Maxian Rusche, and A. Stobiecka-Kuik, and subsequently by J.-F. Brakeland, T. Maxian Rusche, and A. Demeneix, acting as Agents)

Re:

Application under Article 263 TFEU for the annulment of Council Implementing Regulation (EU) No 1238/2013 of 2 December 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China (OJ 2013 L 325, p. 1), in so far as it applies to the applicants.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders JingAo Solar Co. Ltd, and the other applicants whose names appear in the annex to bear their own costs and to pay those incurred by the Council of the European Union;

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

(1) OJ C 159, 26.5.2014.
Case T-222/14 RENV: Judgment of the General Court of 4 July 2018 — Deluxe Entertainment Services Group v EUIPO (deluxe) (EU trade mark — Application for EU figurative mark deluxe — 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))

Judgment of the General Court of 4 July 2018 — Deluxe Entertainment Services Group v EUIPO (deluxe)

(Case T-222/14 RENV) ( 1 )

‛(EU trade mark — Application for EU figurative mark deluxe — 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))’

Parties

Applicant: Deluxe Entertainment Services Group Inc. (Burbank, California, United States) (represented by: L. Gellman, Solicitor, and M. Esteve Sanz, lawyer)

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

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 22 January 2014 (Case R 1250/2013-2), concerning an application for registration of the figurative sign deluxe as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Deluxe Entertainment Services Group Inc. to pay the costs.

( 1 ) OJ C 175, 10.6.2014.
Case T-712/14: Judgment of the General Court of 23 October 2017 — CEAHR v Commission (Competition — Agreements, decisions and concerted practices — Abuse of a dominant position — Selective repair system — Refusal of Swiss watch manufacturers to supply spare parts to independent watch repairers — Primary market and aftermarket — Elimination of all effective competition — Decision rejecting a complaint)

Judgment of the General Court of 23 October 2017 — CEAHR v Commission

(Case T-712/14) ( 1 )

‛(Competition — Agreements, decisions and concerted practices — Abuse of a dominant position — Selective repair system — Refusal of Swiss watch manufacturers to supply spare parts to independent watch repairers — Primary market and aftermarket — Elimination of all effective competition — Decision rejecting a complaint)’

Parties

Applicant: Confédération européenne des associations d’horlogers-réparateurs (CEAHR) (Brussels, Belgium) (represented: initially by P. Mathijsen and P. Dyrberg, subsequently by M. Sánchez Rydelski and lastly by P. Benczek, lawyers)

Defendant: European Commission (represented: initially by F. Ronkes Agerbeek, M. Farley and C. Urraca Caviedes, and subsequently by A. Dawes, F. Ronkes Agerbeek and J. Norris-Usher, acting as Agents)

Interveners in support of the defendant: LVMH Moët Hennessy-Louis Vuitton SA (Paris, France) (represented by: C. Froitzheim, lawyer, and R. Subiotto QC), Rolex, SA (Geneva, Switzerland) (represented by: M. Araujo Boyd, lawyer) and The Swatch Group SA (Neuchâtel, Switzerland) (represented: initially by A. Israel and M. Jakobs, and subsequently by A. Israel and J. Lang, lawyers)

Re:

Application pursuant to Article 263 TFEU for the annulment of Commission Decision C(2014) 5462 final of 29 July 2014, by which the Commission rejected the complaint lodged by the applicant concerning alleged infringements of Articles 101 and 102 TFEU (Case AT.39097 — Watch Repair).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Confédération européenne des associations d’horlogers-réparateurs (CEAHR) to pay the costs.

( 1 ) OJ C 7, 12.1.2015.
Judgment of the General Court of 13 September 2018 — Gazprom Neft v Council

(Cases T-735/14 and T-799/14) (1)

((Common foreign and security policy - Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine - Applicant’s name included and retained on the list of entities to which the restrictive measures apply - Obligation to state reasons - Legal basis - Partnership and Cooperation Agreement between the European Union and Russia - Right to property - Right to carry on an economic activity - Proportionality))

(2018/C 392/19)

Language of the case: English

Parties

Applicant: Gazprom Neft PAO, formerly Gazprom Neft OAO (Saint Petersburg, Russia) (represented by: L. Van den Hende, J. Charles, lawyers, and S. Cogman, Solicitor)

Defendant: Council of the European Union (represented by: M. Bishop and S. Boelaert, acting as Agents)

Interveners in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented: initially by C. Brodie and S. Simmons, and subsequently by C. Brodie and V. Kaye, and subsequently by C. Brodie, C. Crane and S. Brandon, and finally by C. Brodie, R. Fadoju and S. Brandon, acting as Agents, and by G. Facenna QC and C. Banner, Barrister), European Commission (represented by: L. Havas, T. Scharf and D. Gauci, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of (i) Article 1(2)(b), (c) and (d), Article 1(3) and (4), Article 4, Article 4a and Article 7(1)(a) of, and Annex III to, Council Decision 2014/512/CFSP of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ 2014 L 229, p. 13), as amended by Council Decision 2014/659/CFSP of 8 September 2014 (OJ 2014 L 271, p. 54) and Council Decision 2014/872/CFSP of 4 December 2014 (OJ 2014 L 349, p. 58); and (ii) Article 3, Article 3a, Article 4(3) and (4), Article 5(2)(b), (c) and (d), Article 5(3) and (4) and Article 11(1)(a) of, and Annex VI to, Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine (OJ 2014 L 229, p. 1), as amended by Council Regulation (EU) No 960/2014 of 8 September 2014 (OJ 2014 L 271, p. 3) and Council Regulation (EU) No 1290/2014 of 4 December 2014 (OJ 2014 L 349, p. 20).

Operative part of the judgment

The Court:

1. Orders that Cases T-735/14 and T-799/14 be joined for the purposes of the judgment;

2. Dismisses the action;

3. Orders Gazprom Neft PAO to bear its own costs and to pay those incurred by the Council of the European Union;

4. Orders the European Commission and the United Kingdom of Great Britain and Northern Ireland each to bear their own costs.

(1) OJ C 448, 15.12.2014.
Official Journal of the European Union

Judgment of the General Court of 12 July 2018 — Taihan Electric Wire v Commission

(Case T-446/14) (1)

((Competition - Agreements, decisions and concerted practices - European market for power cables - Decision finding an infringement of Article 101 TFEU - Single and continuous infringement - Insurmountable barriers to entry - Inapplicability of Article 101 - Duration of involvement - Equal treatment - Calculation of the fine - Value of sales - Gravity of the infringement - Mitigating circumstances - Unlimited jurisdiction))

(2018/C 328/48)

Language of the case: English

Parties

Applicant: Taihan Electric Wire Co. Ltd (Anyang-Si, South Korea) (represented by: R. Antonini and E. Monard, lawyers)

Defendant: European Commission (represented by: A. Biolan, C. Giolito and H. van Vliet, acting as Agents)

Re:

Application under Article 263 TFEU for the annulment of Commission Decision C(2014) 2139 final of 2 April 2014 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT.39610 — Power cables) in so far as it concerns the applicant, and, in the alternative, a reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Taihan Electric Wire Co. Ltd to pay the costs.

(1) OJ C 282, 25.8.2014.