ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 48/46

Judgment of the General Court of 16 December 2015 — Chart v EEAS

(Case T-138/14) (1)

((Non-contractual liability - Local member of staff assigned to the EU delegation in Egypt - Expiry of contract - Failure by the EU delegation to issue a termination of service certificate in respect of the official to the social security services of the Egyptian administration and to subsequently regularise the latter’s situation in that regard - Limitation - Continuing damage - Partial inadmissibility - Principle of good administration - Reasonable period of time - Article 41 of the Charter of Fundamental Rights - Sufficiently serious infringement of a legal rule conferring rights on individuals - Quantifiable damage - Causal link))

(2016/C 048/52)

Language of the case: French

Parties

Applicant: Randa Chart (Woluwe-Saint-Lambert, Belgium) (represented by: T. Bontinck and A. Guillerme, lawyers)

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

Re:

ACTION for damages in respect of loss allegedly suffered by the applicants by reason of the failure by the EU delegation in Cairo (Egypt), following her resignation, to issue a termination of service certificate in respect of the applicant to the social security services of the Egyptian administration and to subsequently regularise her situation in that regard.

Operative part of the judgment

The Court:

1. Orders the European External Action Service (EEAS) to pay damages amounting to EUR 25 000 to Mrs Randa Chart;

2. Dismisses the action as to the remainder;

3. Orders Mrs Chart to bear two-tenths of her own costs and two-tenths of the costs incurred by the EEAS;

4. Orders the EEAS to bear eight-tenths of its own costs and eight-tenths of the costs incurred by Mrs Chart.

(1) OJ C 159, 26.5.2014.
EN Official Journal of the European Union C 27/45

Judgment of the General Court of 3 December 2015 — Compagnie des fromages & Richesmonts v OHIM (representation of a red and white Vichy motif)

(Case T-327/14) (1)

((Community trade mark - Invalidity proceedings - Community figurative mark representing a red and white Vichy motif - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2016/C 027/55)

Language of the case: French

Parties

Applicant: Compagnie des fromages & Richesmonts (Puteaux, France) (represented by: T. Mollet-Viéville and T. Cuche, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: V. Melgar, and subsequently by: J. Crespo Carillo, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Grupo Lactalis Iberia SA (Madrid, Spain) (represented by: D. Masson, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 2 March 2014 (Case R 1295/2012-4) concerning invalidity proceedings between Grupo Lactalis Iberia SA and Compagnie des fromages & Richesmonts.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Compagnie des fromages & Richesmonts to pay the costs.

(1) OJ C 235, 21.7.2014.
EN Official Journal of the European Union C 98/37

Judgment of the General Court of 28 January 2016 — Klyuyev v Council

(Case T-341/14) (1)

((Common foreign and security policy - Restrictive measures adopted in view of the situation in Ukraine - Freezing of funds - List of persons, entities and bodies covered by the freezing of funds and economic resources - Inclusion of the applicant’s name - Proof that inclusion on the list is justified))

(2016/C 098/48)

Language of the case: English

Parties

Applicant: Sergiy Klyuyev (Donetsk, Ukraine) (represented by: R. Gherson, T. Garner, Solicitors, and B. Kennelly, Barrister)

Defendant: Council of the European Union (represented by: Á. de Elera-San Miguel Hurtado and J.-P. Hix, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: D. Gauci and T. Scharf, acting as Agents)

Re:

Application for annulment of Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2014 L 66, p. 26), Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2014 L 66, p. 1), Council Decision (CFSP) 2015/876 of 5 June 2015 amending Decision 2014/119 (OJ 2015 L 142, p. 30) and Council Implementing Regulation (EU) 2015/869 of 5 June 2015 implementing Regulation (EU) No 208/2014 (OJ 2015 L 142, p. 1), in so far as the applicant’s name was included on the list of persons, entities and bodies covered by those restrictive measures.

Operative part of the judgment

The Court:

1. Annuls Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine and Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, in so far as Mr Sergiy Klyuyev’s name was included on the list of persons, entities and bodies covered by those restrictive measures;

2. Dismisses the action as to the remainder;

3. Orders the Council of the European Union to bear its own costs, and to pay those incurred by Mr Klyuyev, in relation to the claim for annulment made in the application;

4. Orders Mr Klyuyev to bear his own costs, and to pay those incurred by the Council, in relation to the claim for annulment made in the statement modifying the form of order sought;

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

(1) OJ C 261, 11.8.2014.
EN Official Journal of the European Union C 98/38

Judgment of the General Court of 28 January 2016 — Arbuzov v Council

(Case T-434/14) (1)

((Common foreign and security policy - Restrictive measures adopted in view of the situation in Ukraine - Freezing of funds - List of persons, entities and bodies covered by the freezing of funds and economic resources - Inclusion of the applicant’s name - Proof that inclusion on the list is justified))

(2016/C 098/49)

Language of the case: Czech

Parties

Applicant: Sergej Arbuzov (Kiev, Ukraine) (represented by: M. Machytková and P. Radošovský, lawyers)

Defendant: Council of the European Union (represented by: A. Westerhof Löfflerová and J.-P. Hix, acting as Agents)

Re:

Application for annulment of Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2014 L 66, p. 26) and of Council Implementing Decision 2014/216/CFSP of 14 April 2014 implementing Decision 2014/119 (OJ 2014 L 111, p. 91), in so far as the applicant’s name was included on the list of persons, entities and bodies covered by those restrictive measures.

Operative part of the judgment

The Court:

1. Annuls Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, as amended by Council Implementing Decision 2014/216/CFSP of 14 April 2014 implementing Decision 2014/119 in so far as it applies to Mr Sergej Arbuzov;

2. Orders the Council of the European Union to bear its own costs and to pay those incurred by Mr Arbuzov.

(1) OJ C 282, 26.8.2014.
EN Official Journal of the European Union C 118/30

Judgment of the General Court of 24 February 2016 — Tayto Group v OHIM — MIP METRO (REAL HAND COOKED)

(Case T-816/14) (1)

((Community trade mark - Opposition proceedings - Application for Community figurative mark REAL HAND COOKED - Earlier national figurative mark real QUALITY - Relative ground for refusal - Likelihood of confusion - Misuse of power - Article 8(1)(b) of Regulation (EC) No 207/2009 - Articles 64, 75, 76 and 83 of Regulation No 207/2009))

(2016/C 118/34)

Language of the case: English

Parties

Applicant: Tayto Group Ltd (Corby, United Kingdom) (represented by: R. Kunze and G. Würtenberger, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by: J.-C. Plate and R. Kaase, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 6 October 2014 (Case R 842/2013-4) relating to opposition proceedings between MIP Metro Group Intellectual Property GmbH & Co. KG and Tayto Group Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Tayto Group Ltd to pay the costs.

(1) OJ C 56, 16.2.2015.
EN Official Journal of the European Union C 200/19

Judgment of the General Court of 19 April 2016 — Costantini and Others v Commission

(Case T-44/14) (1)

((Law governing the institutions - European citizens’ initiative - Social policy - Service of general economic interest - Article 352 TFEU - Refusal of registration - Manifest lack of powers of the Commission - Article 4(2)(b) of Regulation (EU) No 211/2011 - Principle of good administration - Obligation to state reasons))

(2016/C 200/27)

Language of the case: English

Parties

Applicants: Bruno Costantini (Jesi, Italy), Robert Racke (Lamadelaine, Luxembourg), Pietro Pravata (Beyne-Heusay, Belgium), Zbigniew Gałązka (Łódź, Poland), Justo Santos Domínguez (Leganés, Spain), Maria Isabel Lemos (Mealhada, Portugal), André Clavelou (Vincennes, France), Citizens’ Committee ‘Right to Lifelong Care: Leading a life of dignity and independence is a fundamental right!’ (Brussels, Belgium) (represented by: O. Brouwer and J. Wolfhagen, lawyers, and A. Woods, Solicitor)

Defendant: European Commission (represented by: H. Krämer, acting as Agent)

Re:

Application for the annulment of Commission Decision C(2013) 7612 final of 5 November 2013 rejecting the request for registration of the proposed European citizens’ initiative entitled ‘Right to Lifelong Care: Leading a life of dignity and independence is a fundamental right!’.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Bruno Costantini and the other applicants, whose names are set out in the annex, to pay the costs.

(1) OJ C 93, 29.3.2014.
EN Official Journal of the European Union C 156/35

Judgment of the General Court of 16 March 2016 — The Body Shop International v OHIM — Spa Monopole (SPA WISDOM)

(Case T-201/14) (1)

((Community trade mark - Opposition proceedings - Application for the Community word mark SPA WISDOM - Earlier Benelux word mark SPA - Relative grounds for refusal - Unfair advantage taken of the distinctive character or the repute of the earlier trade mark - Article 8(5) of Regulation (EC) No 207/2009))

(2016/C 156/45)

Language of the case: English

Parties

Applicant: The Body Shop International plc (Littlehampton, United Kingdom) (represented by: I. Vernimme, H. Viaene, S. Vandewynckel and D. Gillet, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Spa Monopole, compagnie fermière de Spa SA/NV (Spa, Belgium) (represented by: E. Cornu and E. De Gryse, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 16 January 2014 (Case R 1516/2012-4), relating to opposition proceedings between The Body Shop International plc and Spa Monopole, compagnie fermière de Spa SA/NV.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders The Body Shop International plc to pay the costs.

(1) OJ C 235, 21.7.2014.
EN Official Journal of the European Union C 232/13

Judgment of the General Court of 12 May 2016 — Hamr — Sport v Commission

(Case T-693/14) (1)

((State aid - Sports facilities provided by non-profit organisations - Operating or investment subsidies seeking to enable the construction, operation, maintenance, reconstruction or development of sports facilities which are non-profit - Decision declaring the aid to be compatible with the internal market - Article 107(3)(c) TFEU - Action for annulment - Individual concern - Notion of interested party - Admissibility - No effect on the trading conditions to an extent contrary to the common interest - No doubts which justify initiating the formal investigation procedure))

(2016/C 232/16)

Language of the case: Czech

Parties

Applicant: Hamr — Sport a.s. (Prague, Czech Republic) (represented by: T. Capoušek, lawyer)

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

Intervener in support of the defendant: Czech Republic (represented by: M. Smolek, J. Vláčil and T. Müller, acting as Agents)

Re:

Application based on Article 263 TFEU and seeking the annulment of Commission Decision C (2014) 3602 final of 11 June 2014 relating to State aid SA.33575 (2013/NN) — Czech Republic in favour of non-profit sports facilities granted by central public institutions.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Hamr — Sport a.s. to pay the costs, except those incurred by the Czech Republic.

3. The Czech Republic must be ordered to bear its own costs.

(1) OJ C 7, 12.1.2015.
Official Journal of the European Union

Judgment of the General Court of 3 May 2016 — Post Bank Iran v Council

(Case T-68/14) (1)

((Common foreign and security policy - Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Plea of illegality - Article 46(2) of Regulation (EU) No 267/2012 - Article 215 TFEU - Article 20(1)(c) of Decision 2010/413/CFSP, as amended by Article 1(7) of Decision 2012/35/CFSP - Article 23(2)(d) of Regulation No 267/2012 - Fundamental rights - Articles 2 TEU, 21 TEU and 23 TEU - Articles 17 and 52 of the Charter of Fundamental Rights - Error of assessment - Equal treatment - Non-discrimination - Principle of sound administration - Obligation to state reasons - Misuse of powers - Legitimate expectations - Proportionality))

(2016/C 222/15)

Language of the case: English

Parties

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

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

Intervener in support of the defendant: European Commission (represented by: F. Castillo de la Torre and D. Gauci, acting as Agents)

Re:

Application firstly for annulment, under Article 263 TFEU and Article 275 TFEU of Council Decision 2013/661/CFSP of 15 November 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2013 L 306, p. 18) and of Council Implementing Regulation (EU) No 1154/2013 of 15 November 2013 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2013 L 306, p. 3), in so far as they concern the applicant, and secondly for a declaration, under Article 277 TFEU, of the inapplicability as regards the applicant of Article 20(1)(c) of Decision 2010/413, concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39) as amended by Article 1(7) of Council Decision 2012/35/CFSP of 23 January 2012 (OJ 2012 L 19, p. 22) and of Article 23(2)(d) and Article 46(2) of Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ 2012 L 88, p. 1)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Post Bank Iran to pay the costs.

(1) OJ C 129, 28.4.2014.
EN Official Journal of the European Union C 314/20

Judgment of the General Court of 19 July 2016 — Alpha Calcit v EUIPO — Materis Paints Italia (CALCILITE)

(Case T-742/14) (1)

((EU trade mark - Invalidity proceedings - EU figurative mark CALCILITE - Earlier EU word mark Calcilit - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 - Relevant public - Public common to the goods in question))

(2016/C 314/27)

Language of the case: English

Parties

Applicant: Alpha Calcit Füllstoffgesellschaft mbH (Cologne, Germany) (represented by: F. Hauck, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Materis Paints Italia SpA (Novate Milanese, Italy) (represented by: P.L. Roncaglia, F. Rossi and N. Parrotta, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 4 September 2014 (Case R 753/2013-4), relating to invalidity proceedings between Alpha Calcit Füllstoffgesellschaft and Materis Paints Italia.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 4 September 2014 (Case R 753/2013-4) as regards the ‘paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants’ covered by the contested trade mark;

2. Dismisses the action as to the remainder;

3. Orders Alpha Calcit Füllstoffgesellschaft mbH, EUIPO and Materis Paints Italia SpA to bear their own costs.

(1) OJ C 462, 22.12.2014.
EN Official Journal of the European Union C 270/40

Judgment of the General Court of 16 June 2016 — Fútbol Club Barcelona v EUIPO — Kule (KULE)

(Case T-614/14) (1)

((European Union trade mark - Opposition proceedings - Application for European Union word mark KULE - Earlier national word marks and well-known mark CULE - Relative grounds for refusal - No genuine use of the earlier trade marks - Article 42(2) of Regulation (EC) No 207/2009 - Article 8(1)(b) of Regulation No 207/2009 - Article 8(5) of Regulation No 207/2009))

(2016/C 270/44)

Language of the case: English

Parties

Applicant: Fútbol Club Barcelona (Barcelona, Spain) (represented by: J. Carbonell Callicó, lawyer)

Defendant: European Union Intellectual Property Office (represented by: K. Zajfert and A. Folliard-Monguiral, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Kule LLC (New York, New York, United States) (represented by: F. Rodgers, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 18 June 2014 (Case R 2375/2013-4), relating to opposition proceedings between Fútbol Club Barcelona and Kule.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Fútbol Club Barcelona to pay the costs.

(1) OJ C 351, 6.10.2014.
EN Official Journal of the European Union C 392/30

Judgment of the General Court of 15 September 2016 — Herbert Smith Freehills v Commission

(Case T-755/14) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Documents relating to discussions preceding the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products - Refusal to grant access - Exception relating to the protection of legal advice - Rights of the defence - Overriding public interest))

(2016/C 392/36)

Language of the case: English

Parties

Applicant: Herbert Smith Freehills LLP (London, United Kingdom) (represented by: P. Wytinck, lawyer)

Defendant: European Commission (represented by: P. Van Nuffel, J. Baquero Cruz and F. Clotuche-Duvieusart, acting as Agents)

Intervener in support of the defendant: Council of the European Union (represented by: E. Rebasti, J. Herrmann and M. Veiga, acting as Agents)

Re:

Application based on Article 263 TFEU and seeking annulment of Commission Decision Gestdem 2014/2070 of 24 September 2014 refusing access to certain documents relating to the adoption of Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ 2014 L 127, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Herbert Smith Freehills LLP to bear its own costs and to pay those incurred by the European Commission;

3. Orders the Council of the European Union to bear its own costs.

(1) OJ C 26, 26.1.2015.
EN Official Journal of the European Union C 392/26

Judgment of the General Court of 15 September 2016 — Italy v Commission

(Cases T-353/14 and T-17/15) (1)

((Language regime - Notice of open competition for the recruitment of administrators - Choice of second language from three languages - Regulation No 1 - Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations - Principle of non-discrimination - Proportionality))

(2016/C 392/31)

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: initially J. Currall and G. Gattinara (Cases T-353/14 and T-17/15) and F. Simonetti (Case T-17/15), then G. Gattinara and F. Simonetti, acting as Agents)

Intervener in support of the applicant: Republic of Lithuania (represented by: D. Kriaučiūnas and V. Čepaitė, acting as Agents)

Re:

In Case T-353/14, application based on Article 263 TFEU and asking for annulment of the notice of open competition EPSO/AD/276/14, to constitute a reserve list for administrators (OJ 2014 C 74 A, p. 4), and, in Case T-17/15, application based on Article 263 TFEU and asking for annulment of the notice of open competition EPSO/AD/294/14 to constitute a reserve list of administrators in the field of data protection for the European Data Protection Supervisor (OJ 2014 C 391 A, p. 1.)

Operative part of the judgment

The Court:

1) Joins Cases T-353/14 and T-17/15 for the purposes of the judgment;

2) Annuls the notice of open competition EPSO/AD/276/14, to constitute a reserve list for administrators and the notice of open competition EPSO/AD/294/14 to constitute a reserve list of administrators in the field of data protection for the European Data Protection Supervisor;

3) Orders the European Commission to bear its own costs and to pay those incurred by the Italian Republic;

4) Orders the Republic of Lithuania to bear its own costs relating to its intervention in Case T-17/15.

(1) OJ C 212, 7.7.2014.