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

Judgment of the General Court of 9 March 2022 — Lea Nature Services v EUIPO — Debonair Trading Internacional (SO …?)

(Case T-197/21) (1)

(EU trade mark - Invalidity proceedings - EU word mark SO …? - Absolute grounds for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EU) 2017/1001) - Lack of descriptive character - Article 7(1)(c) of Regulation No 40/94 (now Article 7(1)(c) of Regulation 2017/1001))

(2022/C 198/61)

Language of the case: English

Parties

Applicant: Lea Nature Services (Périgny, France) (represented by: F. Drageon, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Debonair Trading Internacional Lda (Funchal, Portugal) (represented by: J. Quirin and J. P. Jacquey, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 11 February 2021 (Case R 1234/2020 4), relating to invalidity proceedings between Lea Nature Services and Debonair Trading Internacional.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Lea Nature Services to pay the costs.

(1) OJ C 217, 7.6.2021.
Judgment of the General Court of 27 April 2022 — Ramazazni Shadary v Council

(Case T-119/21) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Restriction on admission to the territories of the Member States - Retention of the applicant’s name on the lists of persons covered - Right to be heard - Proof that inclusion and retention on the lists is well founded - Manifest error of assessment - Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures)

(2022/C 244/45)

Language of the case: French

Parties

Applicant: Emmanuel Ramazazni Shadary (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, A. Guillerme and T. Payan, lawyers)

Defendant: Council of the European Union (represented by: S. Lejeune, acting as Agent)

Re:

By his action under Article 263 TFEU, the applicant seeks the annulment, first, of Council Decision (CFSP) 2020/2033 of 10 December 2020 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2020 L 419, p. 30) and, second, of Council Implementing Regulation (EU) 2020/2021 of 10 December 2020 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2020 L 419, p. 5), in so far as those acts concern him.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Emmanuel Ramazani to pay the costs.

(1) OJ C 128, 12.4.2021.
Official Journal of the European Union

Judgment of the General Court of 6 April 2022 — Cilem Records International v EUIPO — KVZ Music (HALIX RECORDS)

(Case T-118/21) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark HALIX RECORDS - Earlier national word and figurative marks HALIX RECORDS - Relative ground for refusal - Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) - Rule 19(1) and (2) of Regulation (EC) No 2868/95 (now Article 7(1) and (2) of Delegated Regulation (EU) 2018/625))

(2022/C 222/45)

Language of the case: German

Parties

Applicant: Cilem Records International UG (Augsburg, Germany) (represented by: E. Hecht, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: KVZ Music Ltd (Sofia, Bulgaria) (represented by: D. Stechern, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 28 January 2021 (Case R 1060/2020-4), relating to opposition proceedings between Cilem Records International and KVZ Music.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Cilem Records International UG to bear its own costs and to pay those incurred by EUIPO;

3. Orders KVZ Music Ltd to bear its own costs.

(1) OJ C 128, 12.4.2021.
Official Journal of the European Union

Judgment of the General Court of 27 April 2022 — Veen v Europol

(Case T-436/21) (1)

(Non-contractual liability - Cooperation of the police authorities and other law enforcement agencies of the Member States - Fight against crime - Communication of information by Europol to a Member State - Alleged unauthorised data processing - Regulation (EU) 2016/794 - Article 50(1) - Non-material harm)

(2022/C 266/27)

Language of the case: Slovak

Parties

Applicant: Leon Leonard Johan Veen (Oss, Netherlands) (represented by: T. Lysina, lawyer)

Defendant: European Union Agency for Law Enforcement Cooperation (represented by: A. Nunzi, acting as Agent, and G. Ziegenhorn and M. Kottmann, lawyers)

Re:

By his action brought pursuant to Article 268 TFEU, the applicant seeks compensation for the harm he allegedly suffered as a result of the unlawful processing of personal data by the European Union Agency for Law Enforcement Cooperation (Europol).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Leon Leonard Johan Veen to pay the costs.

(1) OJ C 431, 25.10.2021.
Judgment of the General Court of 6 April 2022 — Saure v Commission

(Case T-506/21) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Contracts concluded by the Commission on behalf of the Member States for the delivery of COVID-19 vaccines - Invitation emails to meetings of the Steering Committee - Partial refusal to grant access - Exception relating to the protection of privacy and the integrity of the individual - The transmission of personal data is not necessary for a specific purpose in the public interest - Article 9(1)(b) of Regulation (EU) 2018/1725)

(2022/C 244/49)

Language of the case: German

Parties

Applicant: Hans-Wilhelm Saure (Berlin, Germany) (represented by: C. Partsch, lawyer)

Defendant: European Commission (represented by: K. Herrmann, G. Gattinara and A. Spina, acting as Agents)

Re:

By its action based on Article 263 TFEU, the applicant seeks the annulment of the decision of the European Commission of 9 June 2021 partially refusing to grant him access to certain documents.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Hans-Wilhelm Saure to pay the costs.

(1) OJ C 412, 11.10.2021.
Official Journal of the European Union

Judgment of the General Court of 29 June 2022 — bet-at-home.com Entertainment v EUIPO (bet-at-home)

(Case T-640/21) (1)

(EU trade mark - Application for registration of the EU figurative mark bet-at-home - Absolute ground for refusal - Lack of distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EU) 2017/1001)

(2022/C 318/48)

Language of the case: German

Parties

Applicant: bet-at-home.com Entertainment GmbH (Linz, Austria) (represented by: R. Paulitsch, lawyer)

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

Re:

By its application under Article 263 TFEU, the applicant seeks the reversal of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 5 August 2021 (Case R 2143/2020-1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders bet-at-home.com Entertainment GmbH to pay the costs.

(1) OJ C 471, 22.11.2021.
Official Journal of the European Union

Judgment of the General Court of 8 June 2022 — Darment v Commission

(Case T-92/21) (1)

(Environment - Regulation (EU) No 517/2014 - Fluorinated greenhouse gases - Electronic registry for quotas for placing hydrofluorocarbons on the market - Decision to register - Authorisation to use a quota - Compliance with a judgment of the General Court - Principle of sound administration)

(2022/C 294/39)

Language of the case: English

Parties

Applicant: Darment Oy (Helsinki, Finland) (represented by: C. Ginter, lawyer)

Defendant: European Commission (represented by: E. Sanfrutos Cano, K. Talabér-Ritz and B. De Meester, acting as Agents)

Re:

By its application under Article 263 TFEU, the applicant, Darment Oy, seeks the annulment of the European Commission’s decision of 15 December 2020 to enter its quota for the year 2021 and for the years 2019 and 2020 in the electronic registry for quotas for placing hydrofluorocarbons (HFCs) on the market (‘the HFC registry’) (‘the contested decision’).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Darment Oy to pay the costs, including those relating to the proceedings for interim measures.

(1) OJ C 128, 12.4.2021.
Official Journal of the European Union

Judgment of the General Court of 13 July 2022 — Rimini Street v EUIPO (WE DO SUPPORT)

(Case T-634/21) (1)

(EU trade mark - International registration designating the European Union - Word mark WE DO SUPPORT - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)

(2022/C 359/85)

Language of the case: English

Parties

Applicant: Rimini Street, Inc. (Las Vegas, Nevada, United States) (represented by: E. Ratjen, lawyer)

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

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 3 August 2021 (Case R 710/2021-4).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Rimini Street, Inc., to pay the costs.

(1) OJ C 502, 13.12.2021.
Judgment of the General Court of 6 July 2022 — Colombani v EEAS

(Case T-129/21) (1)

(Civil Service - Officials - EEAS staff - Post of Head of the EU Delegation to Canada - Post of Director for Middle East and North Africa - Rejection of application)

(2022/C 340/44)

Language of the case: French

Parties

Applicant: Jean-Marc Colombani (Auderghem, Belgium) (represented by: N. de Montigny, lawyer)

Defendant: European External Action Service (represented by: S. Marquardt and R. Spáč, acting as Agents, and by M. Troncoso Ferrer and F.-M. Hislaire, lawyers)

Re:

By his action under Article 270 TFEU, the applicant seeks annulment of the decision of 17 April 2020 by which the European External Action Service (EEAS) rejected his application for the post of Director for Middle East and North Africa (vacancy notice 2020/48) and of the decision of 6 July 2020 by which EEAS rejected his application for the post of Head of the Delegation to Canada (vacancy notice 2020/134).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Jean-Marc Colombani to pay the costs.

(1) OJ C 182, 10.5.2021.
Official Journal of the European Union

Judgment of the General Court of 21 September 2022 — France v Commission

(Case T-475/21) (1)

(EAGF and EAFRD - Expenditure excluded from financing - Expenditure incurred by France - Voluntary coupled support - Eligibility conditions - Eligible sectors and production - Article 52(2) of Regulation (EU) No 1307/2013)

(2022/C 418/37)

Language of the case: French

Parties

Applicant: French Republic (represented by: A.-L. Desjonquères, F. Alabrune, T. Stéhelin, G. Bain and J.-L. Carré, acting as Agents)

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

Re:

By its action based on Article 263 TFEU, the French Republic seeks annulment of Commission Implementing Decision (EU) 2021/988 of 16 June 2021 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2021 L 218, p. 9), in so far as it excluded from EAGF financing the sum of EUR 45 869 990,19, corresponding to expenditure incurred under a voluntary coupled support measure for the production of fodder legumes, relating to the claim year 2017.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the French Republic to pay the costs.

(1) OJ C 391, 27.9.2021.
Judgment of the General Court of 21 September 2022 — Casanova v EIB

(Case T-266/21) (1)

(Civil service - EIB staff - Termination of the contract at the end of the trial period - Lack of competence of the author of the act - Liability - Material damage - Premature claim for damages - Non-material damage)

(2022/C 418/33)

Language of the case: French

Parties

Applicant: Philippe Casanova (Fort-de-France, France) (represented by: L. Levi, lawyer)

Defendant: European Investment Bank (represented by: G. Faedo and K. Carr, acting as Agents, and by B. Wägenbaur, lawyer)

Re:

By his action based on Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union, the applicant seeks, first, annulment of the decision of the European Investment Bank (EIB) of 12 June 2020 to terminate his contract at the end of the trial period, as well as the decision of 8 February 2021 by which the EIB rejected his request for conciliation and his request for review, and, second, compensation for the material and non-material damage which he claims to have suffered as a result of those decisions.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Investment Bank (EIB) of 12 June 2020 to terminate Mr Philippe Casanova’s contract at the end of the trial period;

2. Dismisses the action as to the remainder;

3. Orders the EIB to pay, in addition to its own costs, half of Mr Casanova’s costs;

4. Orders Mr Casanova to bear half of his own costs.

(1) OJ C 263, 5.7.2021.
Judgment of the General Court of 28 September 2022 — Grieger v Commission

(Case T-517/21) (1)

(Civil service - Officials - Secondment - Commitment to reassign to a middle management post at the end of the secondment - Request to be reassigned - Interests of the service - Obligation to state reasons - Legitimate expectations - Duty to have regard for the welfare of officials)

(2022/C 463/45)

Language of the case: French

Parties

Applicant: Vladimir Grieger (Brussels, Belgium) (represented by: N. de Montigny, lawyer)

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

Re:

By his action under Article 270 TFEU the applicant seeks, first, annulment of the European Commission’s decision of 29 October 2020 refusing his request to be reassigned to a middle management post and, in so far as necessary, of the decision of 11 May 2021 rejecting his complaint and, second, compensation for the material damage he allegedly suffered as a result of the Commission’s conduct.

Operative part of the judgment

The General Court:

1. Rejects the action;

2. Orders M. Vladimir Grieger to pay the costs.

(1) OJ C 422, 18.10.2021.
Official Journal of the European Union

Judgment of the General Court of 14 September 2022 — Sushi&Food Factor v EUIPO (READY 4YOU)

(Joined Cases T-367/21 and T-432/21) (1)

(EU trade mark - Applications for EU figurative marks READY 4YOU - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)

(2022/C 432/26)

Language of the case: Polish

Parties

Applicant: Sushi&Food Factor sp. z o.o. sp.k. (Robakowo, Poland) (represented by: J. Gwiazdowska, lawyer)

Defendant: European Union Intellectual Property Office (represented by: D. Walicka and M. Chylińska, Agents)

Re:

By its action based on Article 263 TFEU, the applicant seeks the annulment of the decisions of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 20 April 2021 (Case R 2273/2020-5) and of 13 May 2021 (Case R 2321/2020-5).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sushi&Food Factor sp. z o.o. sp.k. to pay the costs.

(1) OJ C 329, 16.8.2021.
Official Journal of the European Union

Judgment of the General Court of 19 October 2022 — Baumberger v EUIPO — Nube (Lío)

(Case T-466/21) (1)

(EU trade mark - Invalidity proceedings - European Union figurative mark Lío - Absolute ground for invalidity - Bad faith - Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001))

(2022/C 472/43)

Language of the case: English

Parties

Applicant: Dino Baumberger (Wesel, Germany) (represented by: J. Fusbahn and D. Dawirs, lawyers)

Defendant: European Union Intellectual Property Office (represented by: N. Lamsters and E. Markakis, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Nube, SL (Ibiza, Spain) (represented by: J. Gracia Albero and R. Ahijón Lana, lawyers)

Re:

By his action under Article 263 TFEU, the applicant seeks annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 2 June 2021 (Case R 1221/2020-5).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Dino Baumberger to pay the costs.

(1) OJ C 382, 20.9.2021.
Judgment of the General Court of 12 October 2022 — Serrano Velázquez v Parliament

(Case T-589/21) (1)

(Institutional law - Petitions Committee of the Parliament - Petition concerning the infringement by the Spanish authorities of EU law in the field of fundamental rights - Decision to dismiss the petition - Obligation to state reasons)

(2022/C 463/50)

Language of the case: Spanish

Parties

Applicant: María Teresa Serrano Velázquez (Seville, Spain) (represented by: F. B. Vázquez Sánchez, lawyer)

Defendant: European Parliament (represented by: P. López-Carceller and I. Liukkonen, acting as Agents)

Re:

By her action under Article 263 TFEU, the applicant seeks annulment of Decision D 304048 of the Petitions Committee of the European Parliament, adopted on 8 June 2021 and notified on 13 July 2021, declaring inadmissible her petition (No 242/2021) concerning the failure to comply with the measures for the protection and guarantee of the fundamental rights of whistle-blowers in relation to corruption which she claims has affected her.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms María Teresa Serrano Velázquez to pay the costs.

(1) OJ C 481, 29.11.2021.
Official Journal of the European Union

Judgment of the General Court of 19 October 2022 — Praesidiad v EUIPO — Zaun (Post)

(Case T-231/21) (1)

(Community design - Invalidity proceedings - Registered Community design representing a post - Ground for invalidity - Failure to comply with the requirements for protection - Article 25(1)(b) of Regulation (EC) No 6/2002 - Features of appearance of a product solely dictated by its technical function - Article 8(1) of Regulation No 6/2002)

(2023/C 7/31)

Language of the case: English

Parties

Applicant: Praesidiad Holding (Zwevegem, Belgium) (represented by M. Rieger-Jansen and D. Op de Beeck, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Zaun Ltd (Wolverhampton, United Kingdom) (represented by O. Petter and J. Saladin, lawyers)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment and the alteration of the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 15 February 2021 (Case R 2068/2019-3).

Operative part of the judgment

The Court:

1. Annuls the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 15 February 2021 (Case R 2068/2019-3);

2. Rejects the application filed by Zaun Ltd on 27 March 2018 for a declaration that the design registered under the number 127204-0001 is invalid;

3. Orders EUIPO to bear its own costs and to pay those incurred by Praesidiad Holding;

4. Orders Zaun to bear its own costs.

(1) OJ C 278, 12.7.2021.
Official Journal of the European Union

Judgment of the General Court of 19 October 2022 — Kaczorowska v EUIPO — Groupe Marcelle (MAESELLE)

(Case T-716/21) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark MAESELLE - Earlier EU figurative mark MARCELLE - Relative ground for refusal - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2022/C 482/27)

Language of the case: English

Parties

Applicant: Katarzyna Kaczorowska (Warsaw, Poland) (represented by: P. Kurcman, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Groupe Marcelle Inc. (Lachine, Quebec, Canada)

Re:

By her action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 6 September 2021 (Case R 670/2021-4).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Katarzyna Kaczorowska to pay the costs.

(1) OJ C 2, 3.1.2022.
Judgment of the General Court of 30 November 2022 — Italy v Commission

(Case T-221/21) (1)

(EAGF and EAFRD - Expenditure excluded from financing - Area-related aid scheme - Financial corrections - Definition of ‘permanent grasslands’ - Article 4(1)(h) of Regulation (EU) No 1307/2013 - Article 5(3) of Delegated Regulation (EU) No 499/2014)

(2023/C 35/58)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent, and C. Gerardis, G. Rocchitta and E. Feola, avvocati dello Stato)

Defendant: European Commission (represented by: P. Rossi, J. Aquilina and F. Moro, acting as Agents)

Re:

By its action based on Article 263 TFEU, the Italian Republic seeks the annulment of Commission Implementing Decision (EU) 2021/261 of 17 February 2021 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2021 L 59, p. 10), in so far as it concerns certain expenditure it has incurred.

Operative part of the judgment

The Court:

1. Annuls Commission Implementing Decision (EU) 2021/261 of 17 February 2021 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) in so far as it imposes a flat rate correction of 2 % on the Italian Republic relating to area aid granted in Italy in the amount of EUR 67 368 272,99 for the claim year 2017;

2. Dismisses the action as to the remainder;

3. Orders the Italian Republic and the European Commission to bear their own costs.

(1) OJ C 228, 14.6.2021.