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

Order of the General Court of 18 September 2019 — Nosio v EUIPO (LA PASSIATA)

(Case T-70/19) (1)

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

(2019/C 399/84)

Language of the case: English

Parties

Applicant: Nosio SpA (Mezzocorona, Italy) (represented by: J. Graffer and A. Ottolini, lawyers)

Defendant: European Union Intellectual Property Office (represented by: M. L. Capostagno and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Passi AG (Rothrist, Switzerland)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 5 November 2018 (Case R 928/2018-2), relating to opposition proceedings between Passi and Nosio.

Operative part of the order

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

2. Nosio SpA shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO).

(1) OJ C 122, 1.4.2019.
Official Journal of the European Union

Order of the General Court of 14 November 2019 — Flovax v EUIPO — Dagniaux and Gervais Danone (GLACIER DAGNIAUX DEPUIS 1923)

(Case T-147/19) (1)

(EU trade mark - Application for a declaration of invalidity - Application for European Union figurative mark GLACIER DAGNIAUX DEPUIS 1923 - Revocation of the contested decision - Action which has become devoid of purpose - No need to adjudicate)

(2020/C 19/61)

Language of the case: French

Parties

Applicant: Flovax Sàrl (Doncols, Luxembourg) (represented by: C.-S. Marchiani, lawyer)

Defendant: European Union Intellectual Property Office (represented by: S. Pétrequin and J. Crespo Carrillo, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Dagniaux (Roubaix, France)

Other party to the proceedings before the Board of Appeal of EUIPO intervening before the General Court: Compagnie Gervais Danone (Paris, France) (represented by: S. Havard Duclos, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 18 May 2018 (Joined Cases R 2210/2016-1 and R 2211/2016-1), relating to invalidity proceedings between, on the one hand, Compagnie Gervais Danone and, on the other hand, Flovax and Dagniaux.

Operative part of the order

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

2. The European Union Intellectual Property Office (EUIPO) shall pay the costs.

(1) OJ C 148, 29.4.2019.
Official Journal of the European Union

Order of the General Court of 17 October 2019 — Jap Energéticas y Medioambientales v Commission

(Case T-145/19) (1)

(Action for annulment - Grant agreement concluded under the Financial Instrument for the Environment (LIFE+) - Debit note - Measure which is part of a purely contractual context from which it is inseparable - No reclassification of the action - Manifest inadmissibility)

(2019/C 432/67)

Language of the case: Spanish

Parties

Applicant: Jap Energéticas y Medioambientales, SL (Valencia, Spain) (represented by: G. Alabau Zabal, lawyer)

Defendant: European Commission (represented by: J. Estrada de Solà and S. Izquierdo Pérez, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of a debit note issued by the Commission on 14 January 2019 in order to recover the sum of EUR 82 750,96 paid to the applicant in the context of financial assistance for a prototype project for the production of hydrogen using clean water, ammonia and recycled aluminium.

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. Jap Energéticas y Medioambientales, SL shall pay the costs, including those relating to the interlocutory proceedings.

(1) OJ C 155, 6.5.2019.
Order of the General Court of 21 January 2020 — Deutsche Telekom v Parliament and Council

(Case T-161/19) (1)

(Action for annulment - Internal market for electronic communications - Retail price charged to consumers for regulated intra-EU communications - Regulation (EU) 2018/1971 - Legislative act - Applicant not individually concerned - Inadmissibility)

(2020/C 77/72)

Language of the case: English

Parties

Applicant: Deutsche Telekom AG (Bonn, Germany) (represented by: F. González Díaz, B. Langeheine and J. Blanco Carol, lawyers)

Defendants: European Parliament (represented by: R. van de Westelaken, M. Peternel and C. Biz, acting as Agents), Council of the European Union (represented by: O. Segnana and I. Gurov, acting as Agents)

Re:

Application on the basis of Article 263 TFEU for the partial annulment of Regulation (EU) 2018/1971 of the European Parliament and of the Council of 11 December 2018 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Agency for Support for BEREC (BEREC Office), amending Regulation (EU) 2015/2120 and repealing Regulation (EC) No 1211/2009 (OJ 2018 L 321, p. 1).

Operative part of the order

1. The action is dismissed as inadmissible.

2. There is no longer any need to adjudicate on the applications to intervene of the Kingdom of the Netherlands and the European Commission.

3. Deutsche Telekom AG shall bear its own costs and shall pay the costs incurred by the European Parliament and the Council of the European Union, with the exception of those relating to the applications to intervene.

4. Deutsche Telekom, the Parliament, the Council, the Kingdom of the Netherlands and the Commission shall each bear their own respective costs relating to the applications to intervene.

(1) OJ C 172, 20.5.2019.
Order of the General Court of 10 December 2019 — Gollnisch v Parliament

(Case T-319/19) (1)

(Action for annulment - Institutional law - Rules governing the payment of expenses and allowances to Members of the European Parliament - Amendment of the voluntary additional pension scheme - Regulatory act - Deadline for bringing an action - Out of time - Act not open to challenge - Disregard of the procedural requirements - Inadmissibility)

(2020/C 61/57)

Language of the case: French

Parties

Applicant: Bruno Gollnisch (Lilliers-le-Mahieu, France) (represented by: B. Bonnefoy-Claudet, lawyer)

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

Re:

Application under Article 263 TFEU for annulment of the decision of the Bureau of the European Parliament of 10 December 2018 amending the Implementing Measures for the Statute for Members of the European Parliament (OJ 2018, C 466, p. 8), the letter of 26 March 2019 from the President of the Parliament rejecting the administrative appeal brought against the decision of the Bureau of the Parliament and all acts adopted as a consequence thereof.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Mr Bruno Gollnisch shall bear his own costs and pay those incurred by the European Parliament.

(1) OJ C 255, 29.7.2019.
Official Journal of the European Union

Order of the General Court of 12 March 2020 — Riginos Emporiki kai Mesitiki v EUIPO — Honda Motor (ONDA 1962)

(Case T-548/19) (1)

(2020/C 175/47)

Language of the case: English

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

(1) OJ C 337, 7.10.2019.
Official Journal of the European Union

Order of the President of the General Court of 5 March 2020 — HB v Commission

(Case T-795/19 R)

(Application for interim measures - Public service contracts - Irregularities in the contract award procedure - Recovery of sums already paid - Debit note - Application for suspension of operation - No urgency)

(2020/C 137/79)

Language of the case: French

Parties

Applicant: HB (represented by: M. Vandenbussche and L. Levi, lawyers)

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

Re:

Application pursuant to Articles 278 and 279 TFEU seeking suspension of the operation of Commission Decision C(2019) 7319 final of 15 October 2019 to reduce the amounts due under contract CARDS/2008/166-429 and to recover the amounts unduly paid.

Operative part of the order

1. The application for interim measures is dismissed.
Official Journal of the European Union

Order of the General Court of 17 April 2020 — Mende Omalanga and Others v Council

(Joined Cases T-103/19, T-110/19 to T-113/19 and T-116/19 to T-124/19) (1)

(2020/C 215/72)

Language of the case: French

The President of the Seventh Chamber has ordered that the cases T-103/19 and T-112/19 be removed from the register.

(1) OJ C 139, 15.4.2019.
Official Journal of the European Union

Order of the President of the General Court of 13 March 2020 — Helsingin kaupunki v Commission

(Case T-597/19 R)

(Application for interim measures - State aid - Decision declaring the aid to be incompatible with the internal market and ordering its recovery - Application for suspension of operation of a measure - No urgency)

(2020/C 191/23)

Language of the case: Finnish

Parties

Applicant: Helsingin kaupunki (Finland) (represented by: I. Aalto-Setälä, lawyer)

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

Intervener in support of the applicant: Republic of Finland (represented by: J. Heliskoski, acting as Agent)

Re:

Application under Articles 278 and 279 TFEU seeking suspension of operation of Commission Decision C(2019) 3152 final of 28 June 2019 relating to State aid SA.33846 (2015/C) (ex 2014/NN) (ex 2011/CP) implemented by Finland for Helsingin Bussiliikenne Oy.

Operative part of the order

1. The application for interim measures is dismissed.

2. The order of 19 September 2019, Helsingin kaupunki v Commission (T-597/19 R, not published) is set aside.

3. There is no need to adjudicate on the application for leave to intervene of Nobina Oy and of Nobina AB or the application for confidentiality made by Helsingin kaupunki.
Official Journal of the European Union

Order of the General Court of 10 June 2020 — Golden Omega v Commission

(Case T-846/19) (1)

(Action for annulment - Customs union - Common Customs Tariff - Tariff nomenclature - Classification in the Combined Nomenclature - Regulatory act entailing implementing measures - Lack of individual concern - Inadmissibility)

(2020/C 287/52)

Language of the case: Dutch

Parties

Applicant: Golden Omega, SA (Santiago, Chili) (represented by: S. Moolenaar, lawyer)

Defendant: European Commission (represented by: W. Roels and M. Salyková, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of Commission Implementing Regulation (EU) 2019/1661 of 24 September 2019 concerning the classification of certain goods in the Combined Nomenclature (OJ 2019 L 251, p. 1).

Operative part of the order

1. The action is dismissed as inadmissible.

2. Golden Omega, SA is ordered to pay the costs.

(1) OJ C 61, 24.2.2020.
Official Journal of the European Union

Order of the General Court of 10 June 2020 — Bujar v Commission

(Case T-708/19) (1)

(2020/C 262/54)

Language of the case: English

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

(1) OJ C 10, 13.1.2020.
Official Journal of the European Union

Order of the General Court of 23 July 2020 — Palacio Domecq v EUIPO — Domecq Bodega Las Copas (PALACIO DOMECQ 1778)

(Case T-354/19) (1)

(European Union trade mark - Opposition proceedings - Revocation of the contested decision - Action which has become devoid of purpose - No need to adjudicate)

(2020/C 371/13)

Language of the case: Spanish

Parties

Applicant: Palacio Domecq, SL (Madrid, Spain) (represented by: A. Otero Iglesias, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Domecq Bodega Las Copas, SL (Jerez de la Frontera, Spain)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 28 March 2019 (Case R 867/2018-1), concerning opposition proceedings between Domecq Bodega Las Copas and Palacio Domecq.

Operative part of the judgment

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

2. The European Union Intellectual Property Office (EUIPO) is ordered to pay the costs.

(1) OJ C 255, 29.7.2019.
Official Journal of the European Union

Order of the General Court of 2 July 2020 — Klein v Commission

(Case T-562/19) (1)

(Action for failure to act - Medical devices - Article 8(1) and (2) of Directive 93/42/EEC - Safeguard clause procedure - Notification by a Member State of a decision prohibiting the placing on the market of a medical device - Absence of a decision by the Commission - Out of time - Inadmissibility)

(2020/C 348/19)

Language of the case: German

Parties

Applicant: Christoph Klein (Großgmain, Austria) (represented by: H.-J. Ahlt, lawyer)

Defendant: European Commission (represented by: A. C. Becker, F. Thiran and G. von Rintelen, acting as Agents)

Re:

Application under Article 265 TFEU for a declaration that the Commission unlawfully failed to act in the safeguard clause procedure initiated by the Federal Republic of Germany on 7 January 1998 and adopt a decision in accordance with Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ 1993 L 169, p. 1) in respect of the device Inhaler Broncho Air®.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Mr Christoph Klein shall pay the costs.

(1) OJ C 337, 7.10.2019.
Official Journal of the European Union

Order of the General Court of 20 October 2020 — Ultrasun v EUIPO (ultrasun)

(Case T-805/19) (1)

(EU trade mark - Application for EU figurative mark ultrasun - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001 - Action manifestly lacking any foundation in law)

(2021/C 28/77)

Language of the case: German

Parties

Applicant: Ultrasun AG (Zürich, Switzerland) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 5 September 2019 (Case R 531/2019-4), relating to the application for registration of the figurative sign ultrasun as a European Union trade mark.

Operative part of the order

1) The action is dismissed.

2) Ultrasun AG shall pay the costs.

(1) OJ C 27, 27.1.2020.
Official Journal of the European Union

Order of the General Court of 10 September 2020 –ADESO v Commission

(Case T-529/19) (1)

(Action for annulment - Grant contracts relating to the projects ‘Your Environment is Your Life’ and ‘Social Safety Net for Poor and Vulnerable Households in Northern Regions of Somalia/Somaliland Phase II’ - Non-eligible costs - Debit notes - Confirmation letter - Challengeable act - Contractual nature of the dispute - Act not open to challenge - Act forming part of a purely contractual framework from which it is inseparable - Inadmissibility)

(2020/C 378/43)

Language of the case: English

Parties

Applicant: African Development Solutions (ADESO) (Nairobi, Kenya) (represented by: R. Martens, lawyer)

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

Re:

Application under Article 263 TFEU for annulment of a Commission decision allegedly contained in a letter dated 10 May 2019 concerning the recovery of certain sums paid under grant contracts relating to the projects ‘Your Environment is Your Life’ (FED/2013/313-770) and ‘Social Safety Net for Poor and Vulnerable Households in Northern Regions of Somalia/Somaliland Phase II’ (FED/2013/316-291).

Operative part of the order

1. The action is dismissed as inadmissible.

2. African Development Solutions (ADESO) shall pay the costs.

(1) OJ C 357, 21.10.2019.
Official Journal of the European Union

Order of the General Court of 10 March 2021 — Productos Jamaica v EUIPO — Alada 1850 (flordeJamaica)

(Case T-739/19) (1)

(EU trade mark - Invalidity proceedings - No need to adjudicate)

(2021/C 182/70)

Language of the case: Spanish

Parties

Applicant: Productos Jamaica, SL (Algezares, Spain) (represented by: I. Temiño Ceniceros, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. F. Crespo Carrillo and S. Palmero Cabezas, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Alada 1850, SL (Madrid, Spain) (represented by: P. González-Bueno Catalán de Ocón, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 24 July 2019 (Joined Cases R 1431/2018-1 and R 1440/2018-1), concerning invalidity proceedings between Alada 1850 and Productos Jamaica.

Operative part of the order

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

2. Productos Jamaica, SL and Alada 1850, SL shall bear their own costs, and each pay half of the costs incurred by the European Union Intellectual Property Office (EUIPO).

(1) OJ C 432, 23.12.2019.
Order of the General Court of 18 December 2020 — Micreos Food Safety v Commission

(Case T-568/19) (1)

(Action for annulment - Public health - Regulation (EC) No 853/2004 - Phage-based product used to reduce the presence of the bacterial pathogen Listeria monocytogenes in animal-derived ready-to-eat food - Rejection of the request to approve Listex™ P100 as a decontaminant in animal-derived ready-to-eat food - Act not open to challenge - Act not intended to produce binding legal effects - Purely confirmatory act - Informative act - Inadmissibility)

(2021/C 62/38)

Language of the case: English

Parties

Applicant: Micreos Food Safety BV (Wageningen, Netherlands) (represented by: S. Pappas, lawyer)

Defendant: European Commission (represented by: B. Eggers, W. Farrell and I. Galindo Martín, acting as Agents)

Re:

Action pursuant to Article 263 TFEU seeking the annulment of the alleged decisions of the Commission of 17 June 2019 by which the Commission: (i) rejected the original application by the applicant for the approval of Listex™ P100 as a decontaminant in animal-derived ready-to-eat food, or re-examined that application; (ii) rejected the alternative application to regard Listex™ P100 as a non-decontaminating processing aid; and, (iii) prohibited the placing on the market of the European Union of that product as a processing aid in such food.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Micreos Food Safety BV shall pay the costs, including those of the interim proceedings.

(1) OJ C 372, 4.11.2019.
Official Journal of the European Union

Order of the General Court of 13 September 2021 — Katjes Fassin v EUIPO — Haribo The Netherlands & Belgium (WONDERLAND)

(Case T-616/19 REV) (1)

(Procedure - Application for revision - EU trade mark - Opposition proceedings - Action against a decision of EUIPO partially refusing to register a mark - Withdrawal of the opposition before service of the order dismissing the action - Fact unknown to the applicant and to the General Court - Revision of the order - No need to adjudicate)

(2021/C 462/51)

Language of the case: German

Parties

Applicant: Katjes Fassin GmbH & Co. KG (Emmerich am Rhein, Germany) (represented by: T. Schmitz, S. Stolzenburg-Wiemer, M. Breuer and I. Dimitrov, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Haribo The Netherlands & Belgium BV (Breda, Netherlands) (represented by: A. Tiemann and C. Elkemann, lawyers)

Re:

APPLICATION for revision of the order of 10 July 2020, Katjes Fassin v EUIPO — Haribo The Netherlands & Belgium (WONDERLAND) (T-616/19, not published, EU:T:2020:334).

Operative part of the order

1. The application for revision of the order of 10 July 2020, Katjes Fassin v EUIPO — Haribo The Netherlands & Belgium (WONDERLAND) (T-616/19, not published, EU:T:2020:334), is granted.

2. There is no longer any need to adjudicate on the action in Katjes Fassin v EUIPO — Haribo The Netherlands & Belgium (WONDERLAND) (T-616/19).

3. Each party shall bear its own costs relating to the annulment proceedings in Katjes Fassin v EUIPO — Haribo The Netherlands & Belgium (WONDERLAND) (T-616/19).

4. The European Union Intellectual Property Office (EUIPO) shall bear its own costs relating to the revision procedure.

5. EUIPO shall pay half of the costs of Katjes Fassin GmbH & Co. KG relating to the revision procedure.

6. Katjes Fassin shall bear half of its own costs relating to the revision procedure.

7. The registrar shall annex the original of the present order to the original of the order of 10 July 2020, Katjes Fassin v EUIPO — Haribo The Netherlands & Belgium (WONDERLAND) (T-616/19, not published, EU:T:2020:334).

8. The registrar shall make note of the present order in the margin of the order of 10 July 2020, Katjes Fassin v EUIPO — Haribo The Netherlands & Belgium (WONDERLAND) (T-616/19, not published, EU:T:2020:334).

(1) OJ C 363, 28.10.2019.
Official Journal of the European Union

Order of the General Court of 27 August 2021 — GlaxoSmithKline Finance and Setfirst v Commission

(Case T-492/19) (1)

(2021/C 422/52)

Language of the case: English

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

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

Order of the General Court of 14 September 2022 — Hikma Pharmaceuticals and Hikma Pharmaceuticals International v Commission

(Case T-712/19) (1)

(2022/C 432/47)

Language of the case: English

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

(1) OJ C 10, 13.1.2020.
Order of the General Court of 11 November 2021 — ZU v EEAS

(Case T-689/19) (1)

(Action for annulment and for damages - Civil service - Officials - Commission staff serving in the EEAS - Request for reimbursement of mission expenses - Request for assistance - Rejection - Competence of the author of the act - Delegation of powers - Pre-litigation procedure - Designation of the defendant - Partial inadmissibility - Principle of sound financial management - Misuse of powers - Action in part manifestly lacking any foundation in law)

(2022/C 24/47)

Language of the case: English

Parties

Applicant: ZU (represented by: C. Bernard-Glanz, lawyer)

Defendant: European External Action Service (EEAS) (represented by: S. Marquardt and R. Spáč, acting as Agents)

Re:

Application under Article 270 TFEU seeking, first, annulment of the decision of the EEAS of 30 November 2018 rejecting the applicant’s requests for the reimbursement of mission costs and for the assistance provided for in Article 24 of the Staff Regulations of Officials of the European Union and, in so far as necessary, annulment of the decision of the European Commission of 28 June 2019 rejecting the applicant’s complaint directed against the decision of the EEAS referred to above and, second, compensation for the harm allegedly suffered by him.

Operative part of the order

1. The action is dismissed.

2. ZU shall pay the costs.

(1) OJ C 423, 16.12.2019.