ddrg/super_eurlex huggingface dataset:
Judgment of the General Court of 5 May 2021 — Falqui v Parliament

(Case T-695/19) (1)

(Institutional law - Single statute for Members of the European Parliament - Members of the European Parliament elected in Italian constituencies - Adoption by the Ufficio di Presidenza della Camera dei deputati (Office of the President of the Italian Chamber of Deputies, Italy) of Decision No 14/2018, on pensions - Change in the amount of pensions for Italian national members of parliament - Corresponding change by the European Parliament in the amount of the pensions of certain former Members of the European Parliament elected in Italy - Acquired rights - Legal certainty - Legitimate expectations - Proportionality)

(2021/C 242/42)

Language of the case: Italian

Parties

Applicant: Enrico Falqui (Florence, Italy) (represented by: F. Sorrentino and A. Sandulli, lawyers)

Defendant: European Parliament (represented by: S. Seyr and S. Alves, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment, first, of the note of 8 July 2019 prepared by the Parliament relating to the adjustment of the amount of the pension that the applicant receives following the entry into force, on 1 January 2019, of Decision No 14/2018 of the Ufficio di Presidenza della Camera dei deputati, second, of the note of 11 April 2019 prepared by the Head of the ‘Members’ Salaries and Social Entitlements’ Unit of the Parliament’s Directorate-General for Finance concerning the application of the pensions that the applicant receives following the entry into force, on 1 January 2019, of Decision No 14/2018 of the Ufficio di Presidenza della Camera dei deputati and, third, of the opinion SJ-0836/18 of the legal service of the Parliament of 11 January 2019.

Operative part of the judgment

The Court:

1. Dismisses the action;

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

(1) OJ C 406, 2.12.2019.
Official Journal of the European Union

Judgment of the General Court of 9 June 2021 — Dansk Erhverv v Commission

(Case T-47/19) (1)

(State aid - Sale of canned beverages in border shops in Germany to foreign residents - Exemption from the deposit on condition that the beverages purchased are consumed outside Germany - Complaint - Decision by the Commission not to raise objections - Action for annulment - Locus standi - Admissibility - Conditions for initiating a formal investigation procedure - Error of law - Serious difficulties - Concept of ‘State aid’ - State resources - Non-imposition of a fine)

(2021/C 297/36)

Language of the case: English

Parties

Applicant: Dansk Erhverv (Copenhagen, Denmark) (represented by: T. Mygind and H. Peytz, lawyers)

Defendant: European Commission (represented by: B. Stromsky and T. Maxian Rusche, acting as Agents)

Intervener in support of the applicant: Danmarks Naturfredningsforening (Copenhagen) (represented by: T. Mygind and H. Peytz, lawyers)

Intervener in support of the defendant: Federal Republic of Germany (represented by: J. Möller, R. Kanitz, S. Heimerl and S. Costanzo, acting as Agents), Interessengemeinschaft der Grenzhändler (IGG) (Flensburg, Germany) (represented by: M. Bauer and F. von Hammerstein, lawyers)

Re:

Application under Article 263 TFEU for the annulment of Commission Decision C(2018) 6315 final of 4 October 2018 concerning State Aid SA.44865 (2016/FC) — Germany — Alleged State aid to German beverage border shops.

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2018) 6315 final of 4 October 2018 concerning State aid SA.44865 (2016/FC) — Germany — Alleged State aid to German beverage border shops;

2. Orders the European Commission to bear its own costs and to pay those incurred by Dansk Erhverv and Danmarks Naturfredningsforening;

3. Orders the Federal Republic of Germany and Interessengemeinschaft der Grenzhändler (IGG) to bear their own costs.

(1) OJ C 103, 18.3.2019.
Judgment of the General Court of 9 June 2021 — HIM v Commission

(Case T-235/19) (1)

(Arbitration clause - Grant agreements concluded in the context of the Information and Communication Technologies (ICT) Policy Support Programme - Audit report - Debit notes issued by the Commission - OLAF investigation - Action for annulment - Counterclaim - Full repayment of grants - Damages)

(2021/C 297/38)

Language of the case: French

Parties

Applicant: Health Information Management (HIM) (Brussels, Belgium) (represented by: P. Zeegers, lawyer)

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

Re:

On the one hand, a principal claim based on Article 272 TFEU seeking a declaration that Debit Notes No 3241901815 and No 3241901886 of 4 February 2019 requesting repayment of the sums of EUR 94 445 and EUR 121 517, respectively, under Grant Agreements No 225023, relating to the project ‘ElDeRly friEndly Alarm handling and monitorING (Dreaming)’, and No 250449, relating to the project ‘Health monitoring and sOcial integration environMEnt for Supporting WidE ExTension of independent life at HOME (HOME SWEET HOME)’, concluded in the context of the Information and Communication Technologies (ICT) Policy Support Programme provided for by the framework programme established by Decision No 1639/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Competitiveness and Innovation Framework Programme (2007 to 2013), were issued by the Commission in breach of its contractual obligations and that, therefore, those sums are not due, and, in so far as necessary, a claim based on Article 263 TFEU seeking annulment of those debit notes; and, on the other, a counterclaim by the Commission seeking an order that HIM repay in full the grants received under the grant agreements referred to above and pay the sum of EUR 56 876.50 by way of damages.

Operative part of the judgment

The Court:

1. Dismisses the main action;

2. Declares that the breaches of Grant Agreements No 225023, relating to the implementation of the project entitled ‘ElDeRly friEndly Alarm handling and monitorING (Dreaming)’, and No 250449, relating to the implementation of the project entitled ‘Health monitoring and sOcial integration environMEnt for Supporting WidE ExTension of independent life at HOME (HOME SWEET HOME)’, committed by Health Information Management (HIM) constitute irregularities within the meaning of Article II.1 of the general conditions annexed to those agreements;

3. Orders HIM to repay the sum of EUR 512 799 to the European Commission;

4. Dismisses the Commission’s counterclaim as to the remainder;

5. Orders HIM to bear its own costs and to pay half of the costs incurred by the Commission.

(1) OJ C 206, 17.6.2019.
Judgment of the General Court of 14 July 2021 — Benavides Torres v Council

(Case T-35/19) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in Venezuela - Freezing of funds - Lists of persons, entities and bodies subject to the freezing of funds and economic resources - Retention of the applicant’s name on the lists - Error of assessment)

(2021/C 349/42)

Language of the case: English

Parties

Applicant: Antonio José Benavides Torres (Caracas, Venezuela) (represented by: L. Giuliano and F. Di Gianni, lawyers)

Defendant: Council of the European Union (represented by: S. Kyriakopoulou, V. Piessevaux, P. Mahnič and A. Antoniadis, acting as Agents)

Re:

Application based on Article 263 TFEU and seeking annulment of Council Decision (CFSP) 2018/1656 of 6 November 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 276, p. 10), and of Council Implementing Regulation (EU) 2018/1653 of 6 November 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 276, p. 1), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Antonio José Benavides Torres to pay the costs.

(1) OJ C 93, 11.3.2019.
Official Journal of the European Union

Judgment of the General Court of 30 June 2021 — GW v Court of Auditors

(Case T-709/19) (1)

(Civil service - Officials - Official in a state of total permanent invalidity - Periodic medical examination - Arrangements - Application for the matter to be referred to the Invalidity Committee - Refusal - Article 15 of Annex VIII to the Staff Regulations - Conclusion No 273/15 of the Committee of Heads of Administration - Duty to have regard for the welfare of officials)

(2021/C 320/40)

Language of the case: French

Parties

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

Defendant: European Court of Auditors (represented by: C. Lesauvage, Agent)

Re:

Application under Article 270 TFEU seeking annulment of the decision of the Court of Auditors of 22 May 2019 dismissing the applicant’s application to refer the matter to the Invalidity Committee.

Operative part of the judgment

The Court:

1. Annuls the decision of the Court of Auditors of 22 May 2019 dismissing GW’s application to refer the matter to the Invalidity Committee;

2. Orders the Court of Auditors to pay the costs.

(1) OJ C 413, 9.12.2019.
Judgment of the General Court of 22 September 2021 — Healios v EUIPO — Helios Kliniken (Healios)

(Case T-591/19) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark Healios - Earlier EU word mark HELIOS - Likelihood of confusion - Similarity of the signs - Similarity of the 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 the earlier mark - Article 42(2) of Regulation No 207/2009 (now Article 47(2) of Regulation 2017/1001))

(2021/C 462/42)

Language of the case: English

Parties

Applicant: Healios KK (Tokyo, Japan) (represented by: P. Venohr, lawyer)

Defendant: European Union Intellectual Property Office (represented by: L. Rampini and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Helios Kliniken GmbH (Berlin, Germany) (represented by: B. Michaelis, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 12 June 2019 (Case R 341/2018-5), relating to opposition proceedings between Helios Kliniken and Healios.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 12 June 2019 (Case R 341/2018-5) in so far as it concerns the goods and services in Classes 1, 5 and 44 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, and corresponding to the following description for each of those classes: — Class 1: ‘Stem cells for scientific purposes’, ‘Stem cells for research purposes’; — Class 5: ‘Veterinary preparations’, ‘Stem cells for medical purposes; Cellular function activating agents for medical purposes; Stem cells for veterinary purposes’, ‘Surgical implants grown from stem cells’; — Class 44: ‘Medical services relating to the removal, treatment and processing of stem cells; Medical services relating to the removal, treatment and processing of human blood, umbilical cord blood, human cells, stem cells and bone marrow’;

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 363, 28.10.2019.
Judgment of the General Court of 8 September 2021 — Brunswick Bowling Products v Commission

(Case T-152/19) (1)

(Protection of the health and safety of consumers and workers - Directive 2006/42/EC - Safeguard clause - National measure of withdrawal from the market and prohibition of placing on the market of a pinsetter machine and a supplementary kit - Essential health and safety requirements - Commission decision declaring the measure justified - Equal treatment)

(2021/C 422/14)

Language of the case: English

Parties

Applicant: Brunswick Bowling Products LLC, formerly Brunswick Bowling & Billiards Corporation (Muskegon, Michigan, United States) (represented by: R. Martens and V. Ostrovskis, lawyers)

Defendant: European Commission (represented by: M. Huttunen and P. Ondrůšek, acting as Agents)

Intervener in support of the defendant: Kingdom of Sweden (represented by: H. Eklinder, R. Eriksson, C. Meyer-Seitz, A. Runeskjöld, M. Salborn Hodgson, H. Shev, J. Lundberg and O. Simonsson, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of Commission Implementing Decision (EU) 2018/1960 of 10 December 2018 on a safeguard measure taken by Sweden pursuant to Directive 2006/42/EC of the European Parliament and of the Council, to prohibit the placing on the market of a type of pinsetter machine and a supplementary kit to be used together with that type of pinsetter machine, manufactured by Brunswick Bowling & Billiards, and to withdraw those machines already placed on the market (OJ 2018 L 315, p. 29).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Brunswick Bowling Products LLC to pay the costs;

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

(1) OJ C 155, 6.5.2019.
Official Journal of the European Union

Judgment of the General Court of 24 November 2021 — Aman Dimashq v Council

(Case T-259/19) (1)

(Common foreign and security policy - Restrictive measures against Syria - Freezing of funds - Error of assessment - Proportionality - Right to property - Right to pursue an economic activity - Misuse of powers - Obligation to state reasons - Rights of the defence - Right to a fair trial - Right to effective judicial protection)

(2022/C 37/36)

Language of the case: English

Parties

Applicant: Aman Dimashq JSC (Damascus, Syria) (represented by: L. Cloquet and J.-P. Buyle, lawyers)

Defendant: Council of the European Union (represented by: S. Kyriakopoulou and V. Piessevaux, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of Council Implementing Decision (CFSP) 2019/87 of 21 January 2019 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2019 L 18 I, p. 13), of Council Implementing Regulation (EU) 2019/85 of 21 January 2019 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2019 L 18 I, p. 4), of Council Decision (CFSP) 2019/806 of 17 May 2019 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2019 L 132, p. 36), of Council Implementing Regulation (EU) 2019/798 of 17 May 2019 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2019 L 132, p. 1), of Council Decision (CFSP) 2020/719 of 28 May 2020 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2020 L 168, p. 66), and of Council Implementing Regulation (EU) 2020/716 of 28 May 2020 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2020 L 168, p. 1), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Aman Dimashq JSC to pay the costs.

(1) OJ C 238, 15.7.2019.
Judgment of the General Court of 9 February 2022 — Heitec v EUIPO — Hetec Datensysteme (HEITEC)

(Case T-520/19) (1)

(EU trade mark - Revocation proceedings - EU word mark HEITEC - No account taken of evidence submitted before the Cancellation Division and before the Board of Appeal - Article 95(2) of Regulation (EU) 2017/1001 - No genuine use of the trade mark - Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation 2017/1001) - Rule 40(5) of Regulation (EC) No 2868/95 (now Article 19(1) of Delegated Regulation (EU) 2018/625))

(2022/C 148/28)

Language of the case: German

Parties

Applicant: Heitec AG (Erlangue, Germany) (represented by: G. Wagner, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Hetec Datensysteme GmbH (Munich, Germany) (represented by: A. Kockläuner and O. Nilgen, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 23 April 2019 (Case R 1171/2018-2), relating to revocation proceedings between Hetec Datensysteme and Heitec.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Heitec AG to pay the costs.

(1) OJ C 312, 16.9.2019.
Official Journal of the European Union

Judgment of the General Court of 21 December 2021 — DD v FRA

(Case T-703/19) (1)

(Action for damages - Civil service - Members of the temporary staff - Initiation of an administrative inquiry - Article 86(2) of the Staff Regulations - Duty to provide information - Duration of the procedure - Reasonable time - Obligation to state reasons - Manifest error of assessment - Confidentiality of the administrative inquiry - Duty to have regard for the welfare of officials - Non-material damage - Causal link)

(2022/C 95/33)

Language of the case: English

Parties

Applicant: DD (represented: initially by L. Levi and M. Vandenbussche, lawyers, and subsequently by L. Levi, lawyer)

Defendant: European Union Agency for Fundamental Rights (FRA) (represented by: M. O’Flaherty, acting as Agent, and by B. Wägenbaur, lawyer)

Re:

Action under Article 270 TFEU seeking, in essence, compensation for the non-material damage allegedly suffered by the applicant estimated ex aequo et bono at EUR 50 000 as a result of the initiation and conduct of an administrative procedure within FRA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders DD to bear his own costs and to pay those incurred by the European Union Agency for Fundamental Rights (FRA).

(1) OJ C 432, 23.12.2019.
Judgment of the General Court of 22 June 2022 — Italy v Commission

(Case T-357/19) (1)

(ERDF - Regional policy - Operational programmes coming under the ‘Investment for growth and jobs’ objective in Italy - Decision approving the financial contribution of the ERDF to the major project ‘Major National Project Ultra Broadband — White Areas’ - Ineligibility of the costs incurred by the beneficiary in respect of VAT - Article 69(3)(c) of Regulation (EU) No 1303/2013 - Concept of ‘VAT that is recoverable under national VAT legislation’)

(2022/C 303/45)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent, and by P. Gentili, avvocato dello Stato)

Defendant: European Commission (represented by: L. Mantl and F. Tomat, acting as Agents)

Interveners in support of the applicant: Czech Republic (represented by: M. Smolek, J. Vláčil and O. Serdula, acting as Agents), Kingdom of Spain (represented by: I. Herranz Elizalde, acting as Agent)

Re:

By its action based on Article 263 TFEU, the applicant seeks annulment of Commission Implementing Decision C(2019) 2652 final of 3 April 2019 approving the financial contribution to the major project ‘Major National Project Ultra Broadband — White Areas’, selected in the context of operational programmes ‘POR Abruzzo FESR 2014-2020’, ‘Basilicata’, ‘POR Calabria FESR FSE’, ‘Campania’, ‘POR Emilia Romagna FESR’, ‘POR Lazio FESR’, ‘POR Liguria FESR’, ‘POR Lombardia FESR’, ‘POR Marche FESR 2014-2020’, ‘POR Piemonte FESR’, ‘POR Puglia FESR-FSE’, ‘POR Sardegna FESR’, ‘Sicilia’, ‘Toscana’, ‘POR Umbria FESR’, ‘POR Veneto FESR 2014-2020’ and ‘Enterprises and competitiveness’ in Italy, in so far as that decision excludes the costs incurred by the beneficiary in respect of value added tax (VAT) from EU funding.

Operative part of the judgment

The Court:

1. Annuls Commission Implementing Decision C(2019) 2652 final of 3 April 2019 approving the financial contribution to the major project ‘Major National Project Ultra Broadband — White Areas’, selected in the context of operational programmes ‘POR Abruzzo FESR 2014-2020’, ‘Basilicata’, ‘POR Calabria FESR FSE’, ‘Campania’, ‘POR Emilia Romagna FESR’, ‘POR Lazio FESR’, ‘POR Liguria FESR’, ‘POR Lombardia FESR’, ‘POR Marche FESR 2014-2020’, ‘POR Piemonte FESR’, ‘POR Puglia FESR-FSE’, ‘POR Sardegna FESR’, ‘Sicilia’, ‘Toscana’, ‘POR Umbria FESR’, ‘POR Veneto FESR 2014-2020’ and ‘Enterprises and competitiveness’ in Italy, in so far as that decision excludes the costs incurred by the beneficiary in respect of value added tax from EU funding;

2. Orders the European Commission to bear its own costs and to pay the costs incurred by the Italian Republic;

3. Orders the Czech Republic and the Kingdom of Spain to bear their own costs.

(1) OJ C 263, 5.8.2019.
Judgment of the General Court of 6 April 2022 — FC v EUAA

(Case T-634/19) (1)

(Civil service - Members of the temporary staff - Pre-disciplinary proceedings - Suspension, withholding of remuneration and prohibition on access to EUAA’s premises and facilities - OLAF Report - Principle of sound administration - Right to be heard - Principle of impartiality - Manifest error of assessment - Obligation to state reasons - Rights of the defence - Liability - Close link with the claim for annulment)

(2022/C 237/57)

Language of the case: Greek

Parties

Applicant: FC (represented by: V. Christianos, A. Skoulikis and M.-C. Vlachoy, lawyers)

Defendant: European Union Agency for Asylum (EUAA) (represented by: P. Eyckmans and M. Stamatopoulou, acting as Agents, and A. Guillerme and T. Bontinck, lawyers)

Re:

By her action under Article 270 TFEU, the applicant seeks, first, annulment of the decision of the European Union Agency for Asylum (EUAA) of [confidential] by which that agency suspended her and of the decision of [confidential] by which it rejected her complaint of [confidential] and, second, compensation for the harm she claims to have suffered as a result of those decisions.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders FC to pay the costs.

(1) OJ C 399, 25.11.2019.
Judgment of the General Court of 19 October 2022 — Greece v Commission

(Case T-850/19) (1)

(State aid - Activities linked to the production, processing and marketing of agricultural products - State aid schemes established by Greece in the form of interest subsidies and State guarantees on existing loans and new loans in order to make good the damage caused by natural disasters or exceptional occurrences - Decision declaring the aid schemes incompatible with the internal market and unlawful and ordering recovery of the aid paid - Aid limited to affected geographical areas - Advantage - Selective nature - Principle of sound administration - Duration of the procedure - Legitimate expectation - Limitation period - Article 17 of Regulation (EU) 2015/1589)

(2022/C 482/23)

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented by: E. Tsaousi, E. Leftheriotou and A.-V. Vasilopoulou, acting as Agents)

Defendant: European Commission (represented by: A. Bouchagiar and T. Ramopoulos, acting as Agents)

Re:

By its action under Article 263 TFEU, the Hellenic Republic seeks the annulment of Commission Decision (EU) 2020/394 of 7 October 2019 concerning the measures SA.39119 (2016/C) (ex 2015/NN) (ex 2014/CP) implemented by the Hellenic Republic in the form of interest subsidies and guarantees linked to the fires of 2007 (the present decision covers only the agricultural sector) (OJ 2020 L 76, p. 4).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 68, 2.3.2020.