ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 5/30

Judgment of the General Court of of 17 November 2017 — Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v Commission

(Case T-263/15) (1)

((State aid - Airport infrastructure - Public finance granted by the municipalities of Gdynia and Kosakowo in favour of the Gdynia-Kosakowo airport - Decision declaring the aid incompatible with the internal market and ordering its recovery - Withdrawal of a decision - Failure to re-open the formal investigation procedure - Change in the legal regime - Procedural rights of interested parties - Infringement of essential procedural requirements))

(2018/C 005/39)

Language of the case: Polish

Parties

Applicants: Gmina Miasto Gdynia (Gdynia, Poland) (represented by: T. Koncewicz, K. Gruszecka-Spychała and M. Le Berre, lawyers), Port Lotniczy Gdynia Kosakowo sp. z o.o., (Gdynia) (represented by P. K. Rosiak, lawyer)

Defendant: European Commission (represented by: K. Herrmann and S. Noë, Agents)

Intervener in support of the applicant: Republic of Poland (represented by B. Majczyna, M. Rzotkiewicz and E. Gromnicka, Agents)

Re:

Action brought under Article 263 TFEU and seeking the annulment of Articles 2 to 5 Commission Decision (EU) 2015/1586 of 26 February 2015 on measure SA.35388 (13/C) (ex 13/NN and ex 12/N) — Poland — Setting up the Gdynia-Kosakowo Airport (OJ 2015 L 250, p. 165)

Operative part of the judgment

The Court:

1. Annuls Articles 2 to 5 of Commission Decision (EU) 2015/1586 of 26 February 2015 on the measure SA.35388 (13/C) (ex 13/NN and ex 12/N) — Poland — Setting up the Gdynia-Kosakowo airport;

2. Orders the European Commission to bear its own costs and those incurred by Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo sp. zo.o.

3. Orders the Republic of Poland to bear its own costs.

(1) OJ C 254, 3.8.2015.
EN Official Journal of the European Union C 142/40

Judgment of the General Court of 28 February 2018 — Vakakis kai Synergates v Commission

(Case T-292/15) (1)

((Non-contractual liability - Public supply contracts - Tender procedure - Admissibility - Misuse of procedure - Conflict of interests - Duty of diligence - Loss of opportunity))

(2018/C 142/51)

Language of the case: English

Parties

Applicant: Vakakis kai Synergates — Symvouloi gia Agrotiki Anaptixi AE Meleton, formerly Vakakis International — Symvouloi gia Agrotiki Anaptixi AE (Athens, Greece) (represented by: B. O’Connor, Solicitor, S. Gubel and E. Bertolotto, lawyers)

Defendant: European Commission (represented initially by F. Erlbacher and E. Georgieva, and subsequently by E. Georgieva and L. Baumgart, acting as Agents)

Re:

Action brought under Article 268 TFEU, seeking compensation in respect of the loss which the applicant allegedly suffered as a result of irregularities committed by the Commission in the context of the Tendering Procedure ‘Consolidation of the Food Safety System in Albania’ (EuropeAid/129820/C/SER/AL).

Operative part of the judgment

The Court:

1. Orders the European Union to pay compensation for the damage suffered by Vakakis kai Synergates — Symvouloi gia Agrotiki Anaptixi AE Meleton in relation to the loss of an opportunity to be awarded the contract ‘Consolidation of the Food Safety System in Albania’ (EuropeAid/129820/C/SER/AL) and for the costs and expenses incurred in participating in that call for tenders;

2. Orders that the compensation referred to in point 1 of the present operative part be increased by default interest, starting from the date of delivery of the present judgment until full payment, at the rate set by the European Central Bank (ECB) for its main refinancing operations, increased by two percentage points;

3. Dismisses the action as to the remainder;

4. Orders the parties to inform the Court, within three months from the date of delivery of the present judgment, of the amount of compensation arrived at by agreement;

5. Orders that, in the absence of agreement, the parties shall transmit to the Court, within the same period, a statement of their views with supporting figures;

6. Reserves the costs.

(1) OJ C 294, 7.9.2015.
EN Official Journal of the European Union C 104/28

Judgment of the General Court of 1 February 2018 — France v Commission

(Case T-518/15) (1)

((EAGF and EAFRD - Expenditure excluded from financing - Metropolitan France’s rural development programme - Rural development support measures - Areas with natural handicaps - Flat-rate financial correction - Expenditure incurred by France - On-the-spot controls - Loading criterion - Counting of animals - Increase in the flat-rate correction due to the recurrence of failure - Procedural safeguards))

(2018/C 104/36)

Language of the case: French

Parties

Applicant: French Republic (represented by: initially G. de Bergues, D. Colas, R. Coesme and A. Daly, then D. Colas, R. Coesme and A. Daly, finally D. Colas, R. Coesme, S. Horrenberger and E. de Moustier, acting as Agents)

Defendant: European Commission (represented by: A. Bouquet, A. Lewis and J. Aquilina, acting as Agents)

Intervener in support of the applicant: Kingdom of Spain (represented by: initially M. Sampol Pucurull, then V. Ester Casas, acting as Agents)

Re:

Action based on Article 263 TFEU and seeking the partial annulment of Commission Implementing Decision (EU) 2015/1119 of 22 June 2015 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 2015 L 182, p. 39).

Operative part of the judgment

The Court:

1. Annuls Commission Implementing Decision (EU) 2015/1119 of 22 June 2015 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 applies a flat-rate correction increased by 10 % on the ground that the failure alleged of the French authorities in the field of the counting of animals was recurrent and had not been subject to improvements carried out by those authorities;

2. Dismisses the action as to the remainder;

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

4. Orders the Kingdom of Spain to bear its own costs.

(1) OJ C 354, 26.10.2015.
Judgment of the General Court of 11 July 2018 — Buonotourist v Commission

(Case T-185/15) (1)

((State aid - Undertaking operating networks of bus routes in the Regione Campania - Advantage - Service of general economic interest - Compensation for tariff obligations as a result of public service obligations, paid following a decision of a court ruling at final instance - Decision declaring the aid incompatible with the internal market - Existing aid and new aid - Regulation (EEC) No 1191/69 - Conditions for exemption from the requirement for notification - Article 4(5) and Article 7(6) of Regulation (EC) No 659/99 - Respective jurisdictions of the Commission and the national courts in respect of the monitoring of State aid - Force of res judicata of a judgment of a higher national court - Temporal application of the rules of substantive law - Legitimate expectations - Legal certainty))

(2018/C 301/31)

Language of the case: Italian

Parties

Applicant: Buonotourist Srl (Castel San Giorgio, Italy) (represented by: G. Capo and L. Visone, lawyers)

Defendant: European Commission (represented by: L. Armati, G. Conte and P.-J. Loewenthal, agents)

Intervener in support of the applicant: Associazione Nazionale Autotrasporto Viaggiatori (ANAV) (Rome, Italy)(represented by: M. Malena, lawyer)

Re:

Application based on Article 263 TFEU and seeking annulment of Commission Decision (EU) 2015/1075 of 19 January 2015 on State aid SA.35843 (2014/C) (ex 2012/NN) implemented by Italy — Additional public service compensation for Buonotourist (OJ 2015 L 179, p. 128)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Buonotourist Srl, in addition to bearing its own costs, to pay those incurred by the European Commission;

3. Declares that the Associazione Nazionale Autotrasporto Viaggiatori (ANAV) is to bear its own costs.

(1) OJ C 190,8.6.2015.
Case T-752/15: Judgment of the General Court of 26 April 2018 — European Dynamics Luxembourg and Evropaïki Dynamiki v Commission (Public service contracts — Tender procedure — Support and consulting services for technical informatics staff IV (STIS IV) — Rejection of the tender of a tenderer — Obligation to state reasons — Abnormally low tender — Award criteria — Manifest errors of assessment — Non-contractual liability)

Judgment of the General Court of 26 April 2018 — European Dynamics Luxembourg and Evropaïki Dynamiki v Commission

(Case T-752/15) ( 1 )

‛(Public service contracts — Tender procedure — Support and consulting services for technical informatics staff IV (STIS IV) — Rejection of the tender of a tenderer — Obligation to state reasons — Abnormally low tender — Award criteria — Manifest errors of assessment — Non-contractual liability)’

Parties

Applicant: European Dynamics Luxembourg SA (Luxembourg, Luxembourg) and Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: M. Sfyri, C.-N. Dede and D. Papadopoulou, lawyers)

Defendant: European Commission (represented initially by: S. Delaude, A. Kyratsou and S. Lejeune, and subsequently by: S. Delaude, A. Kyratsou and A. Katsimerou, acting as Agents

Re:

ACTION, first, pursuant to Article 263 TFEU for annulment of the Commission’s decision of 29 October 2015 to reject the applicants’ tender submitted in relation to open procurement procedure No DIGIT/R3/PO/2015/0008, entitled ‘Support and consulting services for technical informatics staff IV (STIS IV)’, in respect of Lot 3 on ‘information system and Web infrastructure solutions development, support, engineering and testing’ and, second, pursuant to Article 268 TFEU for compensation for the harm caused by that decision which the applicants claim to have sustained

Operative part

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 68, 22.2.2016.
Judgment of the General Court of 13 December 2018 — Post Bank Iran v Council

(Case T-559/15) (1)

((Non-contractual liability - Common foreign and security policy - Restrictive measures against Iran - Freezing of funds - Inclusion and maintenance of the applicant’s name on the lists of persons and entities subject to restrictive measures - Non-material damage))

(2019/C 82/40)

Language of the case: English

Parties

Applicant: Post Bank Iran (Tehran, Iran) (represented by: D. Luff, lawyer)

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

Intervener in support of the defendant: European Commission (represented by: F. Ronkes Agerbeek and R. Tricot, acting as Agents)

Re:

Application pursuant to Article 268 TFEU for compensation for the damage allegedly suffered by the applicant following the adoption of Council Decision 2010/644/CFSP of 25 October 2010 amending Decision 2010/413/CFSP concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 281, p. 81), of Council Regulation (EU) No 961/2010 of 25 October 2010 on restrictive measures against Iran and repealing Regulation (EC) No 423/2007 (OJ 2010 L 281, p. 1), of Council Decision 2011/783/CFSP of 1 December 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2011 L 319, p. 71), of Council Implementing Regulation (EU) No 1245/2011 of 1 December 2011 implementing Regulation No 961/2010 (OJ 2011 L 319, p. 11), and of Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation No 961/2010 (OJ 2012 L 88, p. 1), by which the applicant’s name was included and maintained on the lists of persons and entities subject to restrictive measures.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Post Bank Iran to bear its 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 27, 25.1.2016.
Official Journal of the European Union

Judgment of the General Court of 6 December 2018 — Coveris Rigid France v Commission

(Case T-531/15) (1)

((Competition - Agreements, decisions and concerted practices - Retail food packaging market - Decision finding an infringement of Article 101 TFEU - Principle of personal liability - No economic continuity - Equal treatment))

(2019/C 65/39)

Language of the case: English

Parties

Applicant: Coveris Rigid France, formerly Coveris Rigid (Auneau) France (Auneau, France) (represented by: H. Meyer-Lindemann, C. Graf York von Wartenburg and L. Stammwitz, lawyers)

Defendant: European Commission (represented by: A. Biolan, F. Jimeno Fernández and L. Wildpanner, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of Commission decision C(2015) 4336 final of 24 June 2015 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT.39563 — Retail food packaging) in so far as it applies to the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Coveris Rigid France to pay the costs.

(1) OJ C 406, 7.12.2015.
Official Journal of the European Union

Judgment of the General Court of 18 June 2019 — European Food and Others v Commission

(Joined Cases T-624/15, T-694/15 and T-704/15) (1)

(State aid - Award made by an arbitral tribunal established under the auspices of the International Centre for Settlement of Investment Disputes (ICSID) - Payment of compensation granted to certain economic operators - Decision declaring the aid incompatible with the internal market and ordering its recovery - Competence of the Commission)

(2019/C 295/19)

Language of the case: English

Parties

Applicants in Case T-624/15: European Food SA (Drăgănești, Romania), Starmill SRL (Drăgănești), Multipack SRL (Drăgănești) and Scandic Distilleries SA (Oradea, Romania) (represented by: K. Struckmann, G. Forwood, lawyers, and A. Kadri, Solicitor)

Applicant in Case T-694/15: Ioan Micula (Oradea, Romania), (represented by: K. Struckmann, G. Forwood, lawyers, and A. Kadri, Solicitor)

Applicants in Case T-704/15: Viorel Micula (Oradea), European Drinks SA (Ștei, Romania), Rieni Drinks SA (Rieni, Romania), Transilvania General Import-Export SRL (Oradea) and West Leasing International SRL (Păntășești, Romania) (represented: initially by J. Derenne, D. Vallindas, lawyers, A. Dashwood, Barrister, and V. Korom, Solicitor, and subsequently by J. Derenne, D. Vallindas and A. Dashwood)

Defendant: European Commission (represented by: P.-J. Loewenthal and T. Maxian Rusche, acting as Agents)

Interveners in support of the defendant: Kingdom of Spain (represented by: S. Centeno Huerta and A. Rubio González, acting as Agents) and Hungary (represented: initially by M. Fehér, G. Koós and M. Bóra, and subsequently by M. Fehér and G. Koós, acting as Agents)

Re:

Three applications under Article 263 TFEU for annulment of Commission Decision (EU) 2015/1470 of 30 March 2015 on State aid SA.38517 (2014/C) (ex 2014/NN) implemented by Romania — Arbitral award Micula v Romania of 11 December 2013 (OJ 2015 L 232, p. 43).

Operative part of the judgment

The Court:

1. Joins Cases T-624/15, T-694/15 and T-704/15 for the purposes of the judgment;

2. Annuls Commission Decision (EU) 2015/1470 of 30 March 2015 on State aid SA.38517 (2014/C) (ex 2014/NN) implemented by Romania — Arbitral award Micula v Romania of 11 December 2013;

3. Orders the European Commission to bear its own costs and to pay those incurred by European Food SA, Starmill SRL, Multipack SRL, Scandic Distilleries SA, Mr Ioan Micula and Mr Viorel Micula, European Drinks SA, Rieni Drinks SA, Transilvania General Import-Export SRL and West Leasing International SRL;

4. Orders the Kingdom of Spain and Hungary to bear their own costs.

(1) OJ C 16, 18.1.2016.
Official Journal of the European Union

Judgment of the General Court of 9 April 2019 — Sopra Steria Group v Parliament

(Case T-182/15) (1)

(Public service contracts - Tendering procedure - Supply of IT services to the Parliament and other EU institutions and bodies - Exclusion from tendering procedures - Potential conflict of interests - Failure to provide information required by the contracting authority - Article 107(1)(b) of the Financial Regulation - Transparency - Proportionality - Equal treatment - Article 102(1) of the Financial Regulation)

(2019/C 187/61)

Language of the case: English

Parties

Applicant: Sopra Steria Group SA (Annecy-le-Vieux, France) (represented by: A. Verlinden, R. Martens and J. Joossen, lawyers)

Defendant: European Parliament (represented by: B. Simon and L. Tapper Brandberg, acting as Agents)

Interveners in support of the defendants: CGI Luxembourg SA (Bertrange, Luxembourg) and Intrasoft International SA (Luxembourg, Luxembourg) (represented by: N. Korogiannakis, lawyer)

Re:

Action under Article 263 TFEU seeking annulment of the European Parliament’s decisions, taken in the context of tendering procedure PE/ITEC-ITS14, concerning the provision of IT services to the European Parliament and other EU institutions and bodies, to exclude the tenders submitted for Lots 2 and 3 by the IBI IUS and STEEL consortia, of which the applicant was a member.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Sopra Steria Group SA to bear its own costs and to pay those incurred by the European Parliament;

3. orders CGI Luxembourg SA and Intrasoft International SA to bear their own costs.

(1) OJ C 262, 10.8.2015.
Judgment of the General Court of 21 December 2021 — Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v Commission

(Case T-263/15 RENV) (1)

(State aid - Airport infrastructure - Public funding by the municipalities of Gdynia and Kosakowo for setting up the Gdynia-Kosakowo Airport - Decision declaring the aid incompatible with the internal market and ordering its recovery - Advantage - Market economy operator principle - Effect on trade between Member States - Adverse effect on competition - Recovery - Withdrawal of a decision - Failure to re-open the formal investigation procedure - Procedural rights of the interested parties - Rights of the defence - Obligation to state reasons)

(2022/C 95/27)

Language of the case: Polish

Parties

Applicants: Gmina Miasto Gdynia (Poland), Port Lotniczy Gdynia Kosakowo sp. z o.o. (Gdynia, Poland) (represented by: T. Koncewicz, M. Le Berre, K. Gruszecka-Spychała and P. Rosiak, lawyers)

Defendant: European Commission (represented by: K. Herrmann, D. Recchia and S. Noë, acting as Agents)

Intervener in support of the applicants: Republic of Poland (represented by: B. Majczyna, M. Rzotkiewicz and S. Żyrek, acting as Agents)

Re:

Action brought under Article 263 TFEU and seeking the annulment of Articles 2 to 5 Commission Decision (EU) 2015/1586 of 26 February 2015 on measure SA.35388 (13/C) (ex 13/NN and ex 12/N) — Poland — Setting up the Gdynia-Kosakowo Airport (OJ 2015 L 250, p. 165).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo sp. z o.o. to bear their own costs and to pay those incurred by the European Commission before the Court of Justice in Case C-56/18 P and before the General Court in Cases T-263/15 and T-263 RENV;

3. Orders the Republic of Poland to bear its own costs.

(1) OJ C 254, 3.8.2015.
Official Journal of the European Union

Judgment of the General Court of 24 September 2019 — Luxembourg and Fiat Chrysler Finance Europe v Commission

(Cases T-755/15 and T-759/15) (1)

(State aid - Aid granted by Luxembourg - Decision declaring the aid incompatible with the internal market and unlawful and ordering its recovery - Tax ruling - Advantage - Arm’s length principle - Selectivity - Presumption - Restriction of competition - Recovery)

(2019/C 413/46)

Languages of the case: French and English

Parties

Applicant in Case T-755/15: Grand Duchy of Luxembourg (represented initially by: D. Holderer and T. Uri, subsequently by T. Uri, acting as Agents, and initially by D. Waelbroeck, S. Naudin and A. Steichen, subsequently by D. Waelbroeck and A. Steichen, lawyers)

Applicant in Case T-759/15: Fiat Chrysler Finance Europe (Luxembourg, Luxembourg) (represented by: J. Rodríguez, Solicitor, G. Maisto and M. Engel, lawyers)

Defendant: European Commission (represented by: P.-J. Loewenthal and B. Stromsky, acting as Agents)

Intervener in support of the applicants: Ireland (represented, in Case T-755/15, initially by: E. Creedon, G. Hodge and A. Joyce, subsequently by G. Hodge, M. Browne and A. Joyce, and finally by A. Joyce and J. Quaney, acting as Agents, and by P. Gallagher and M. Collins, Senior Counsel, B. Doherty and S. Kingston, Barristers, and, in Case T-759/15, initially by E. Creedon, G. Hodge, K. Duggan and A. Joyce, subsequently by G. Hodge, K. Duggan, M. Browne and A. Joyce, and finally by A. Joyce and J. Quaney, acting as Agents, and by M. Collins and P. Gallagher, Senior Counsel, S. Kingston and B. Doherty, Barristers)

Re:

Applications pursuant to Article 263 TFEU for annulment of Commission Decision (EU) 2016/2326 of 21 October 2015 on State aid SA.38375 (2014/C ex 2014/NN) which Luxembourg granted to Fiat (OJ 2016 L 351, p. 1).

Operative part of the judgment

The Court:

1. Joins Cases T-755/15 and T-759/15 for the purposes of the judgment;

2. Dismisses the actions;

3. Orders the Grand Duchy of Luxembourg to bear its own costs and to pay those incurred by the European Commission in Case T-755/15;

4. Orders Fiat Chrysler Finance Europe to bear its own costs and to pay those incurred by the Commission in Case T-759/15;

5. Orders Ireland to bear its own costs.

(1) OJ C 59, 15.2.2016.
EN Official Journal of the European Union C 30/48

Judgment of the General Court of 14 December 2016 — Grid applications v EUIPO (APlan)

(Case T-154/16) (1)

((European Union trade mark - Application for EU word mark APlan - Absolute ground for refusal - Descriptive nature - Article 7(1)(c) of Regulation (EC) No 207/2009))

(2017/C 030/55)

Language of the case: German

Parties

Applicant: Grid applications GmbH (Vienna, Austria) (represented by: M. Meyenburg, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 15 February 2016 (Case R 1819/2015-4) concerning an application for registration of work sign APlan as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Grid applications GmbH to pay the costs.

(1) OJ C 200, 6.6.2016.
EN Official Journal of the European Union C 144/40

Judgment of the General Court of 23 March 2017 — Vignerons de la Méditerranée v EUIPO — Bodegas Grupo Yllera (LE VAL FRANCE)

(Case T-216/16) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark LE VAL FRANCE - Earlier EU word mark VIÑA DEL VAL - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2017/C 144/53)

Language of the case: French

Parties

Applicant: Vignerons de la Méditerranée (Narbonne, France) (represented by: M. Karsenty-Ricard and M. Merli, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Bodegas Grupo Yllera SL (Rueda, Spain)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 2 March 2016 (Case R 427/2015-5) relating to opposition proceedings between Bodegas Grupo Yllera and Vignerons de la Méditerranée.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Vignerons de la Méditerranée to pay the costs.

(1) OJ C 243, 4.7.2016.