ddrg/super_eurlex huggingface dataset:
Judgment of the General Court of 2 April 2020 –Veit v ECB

(Case T-474/18) (1)

(Civil service - ECB staff - Remuneration - Competitions - Equality of treatment between internal and external candidates - Classification in step)

(2020/C 175/16)

Language of the case: German

Parties

Applicant: Sebastian Veit (Frankfurt am Main, Germany) (represented by: K. Kujath, lawyer)

Defendant: European Central Bank (represented by: F. von Lindeiner and M. Rötting, acting as Agents, and B. Wägenbaur, lawyer)

Re:

Application under Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union seeking annulment, first, of the ECB’s decision of 3 January 2018 in so far as it attributes to the applicant only salary step 17 in salary band F/G and, second, of the ECB’s decision of 25 May 2018 rejecting the applicant’s complaint.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Sebastian Veit to pay the costs.

(1) OJ C 352, 1. 10. 2018.
Judgment of the General Court of 12 February 2020 — Kampete v Council

(Case T-164/18) (1)

(Common foreign and security policy - Restrictive measures taken in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Renewal of the listing of the applicant’s name on the list of persons concerned - Obligation to state reasons - Rights of the defence - Obligation for the Council to communicate the new elements justifying the renewal of the restrictive measures - Error of law - Manifest error of assessment - Proportionality - Article 76(d) of the Rules of Procedure - Plea of illegality)

(2020/C 103/25)

Language of the case: French

Parties

Applicant: Ilunga Kampete (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, M. Forgeois and A. Guillerme, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix, H. Marcos Fraile and S. Van Overmeire, acting as Agents)

Re:

Application based on Article 263 TFEU seeking annulment of Council Decision (CFSP) 2017/2282 of 11 December 2017 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2017 L 328, p. 19), in so far as it concerns the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Ilunga Kampete to pay the costs.

(1) OJ C 161, 7.5.2018.
Official Journal of the European Union

Judgment of the General Court of 28 May 2020 — YG v Commission

(Case T-518/18) (1)

(Civil service - Officials - Promotion - 2017 promotion procedure - Decision not to promote the applicant to grade AST 9 - Comparison of the merits - Equal treatment - Manifest error of assessment - Duty to state reasons)

(2020/C 230/29)

Language of the case: English

Parties

Applicant: YG (represented by: S. Rodrigues and A. Champetier, lawyers)

Defendant: European Commission (represented by: G. Berscheid, B. Eggers and L. Radu Bouyon, acting as Agents)

Re:

Application under Article 270 TFEU for annulment of the Commission’s decision of 13 November 2017 not to promote the applicant in the 2017 promotion procedure.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the European Commission to pay the costs.

(1) OJ C 399, 5.11.2018.
Judgment of the General Court of 13 May 2020 — Peek & Cloppenburg v EUIPO — Peek & Cloppenburg (Peek’s)

(Case T-535/18) (1)

(EU trade mark - Opposition proceedings - Application for the EU word mark Peek’s - Earlier national commercial designation Peek & Cloppenburg - Relative ground for refusal - Likelihood of confusion - Article 8(4) of Regulation (EU) 2017/1001 - Coexistence of the national commercial designation and the mark applied for - Demarcation agreement - Application of national law by EUIPO - Suspension of the administrative proceedings - Article 70 of Regulation 2017/1001 - Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) - Manifest error of assessment)

(2020/C 215/40)

Language of the case: German

Parties

Applicant: Peek & Cloppenburg KG (Düsseldorf, Germany) (represented by: P. Lange, 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: Peek & Cloppenburg KG (Hamburg, Germany) (represented by: A. Renck, M. Petersenn and C. Stöber, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 31 May 2018 (Case R 60/2007-1), relating to opposition proceedings between Peek & Cloppenburg (Hamburg) and Peek & Cloppenburg (Düsseldorf).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Peek & Cloppenburg KG (Düsseldorf) to pay the costs.

(1) OJ C 392, 29.10.2018.
Judgment of the General Court of 8 July 2020 — BRF and SHB Comércio e Indústria de Alimentos v Commission

(Case T-429/18) (1)

(Public health - Specific rules for the organisation of official controls on products of animal origin intended for human consumption - Amendment of the lists of third country establishments from which imports of specified products of animal origin are permitted, regarding certain establishments from Brazil - Article 12(4)(c) of Regulation (EC) No 854/2004 - Comitology - Obligation to state reasons - Rights of defence - Powers of the Commission - Equal treatment - Proportionality)

(2020/C 339/12)

Language of the case: English

Parties

Applicants: BRF SA (Itajaí, Brazil) and SHB Comércio e Indústria de Alimentos SA (Itajaí) (represented by: D. Arts and G. van Thuyne, lawyers)

Defendant: European Commission (represented by: A. Lewis, B. Eggers and B. Hofstötter, acting as Agents)

Re:

Application under Article 263 TFEU for the annulment of Commission Implementing Regulation (EU) 2018/700 of 8 May 2018 amending the lists of third country establishments from which imports of specified products of animal origin are permitted, regarding certain establishments from Brazil (OJ 2018 L 118, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders BRF SA and SHB Comércio e Indústria de Alimentos SA to pay the costs of the Commission, including those pertaining to the interim proceedings.

(1) OJ C 341, 24.9.2018.
Official Journal of the European Union

Judgment of the General Court of 10 June 2020 — B.D v EUIPO — Philicon-97 (PHILIBON)

(Case T-717/18) (1)

(EU trade mark - Invalidity proceedings - EU word mark PHILIBON - Earlier national figurative mark PHILICON - Relative ground for refusal - Well-known trade mark within the meaning of Article 6bis of the Paris Convention - Article 8(2)(c) of Regulation (EC) No 207/2009 (now Article 8(2)(c) of Regulation (EU) 2017/1001))

(2020/C 255/18)

Language of the case: English

Parties

Applicant: B.D. — Boyer Developpement (Moissac, France) (represented by: É. Junca, lawyer)

Defendant: European Union Intellectual Property Office (represented by: L. Lapinskaite, A. Folliard-Monguiral, H. O’Neill and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Philicon-97 AD (Plovdiv, Bulgaria) (represented by: V. Pavlov and M. Lazarov, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 10 October 2018 (Case R 375/2018-4), relating to invalidity proceedings between Philicon 97 and B. D. — Boyer Developpement.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders B. D. — Boyer Developpement to pay the costs.

(1) OJ C 54, 11.2.2019.
Official Journal of the European Union

Judgment of the General Court of 15 October 2020 — Zhejiang Jiuli Hi-Tech Metals v Commission

(Case T-307/18) (1)

(Dumping - Imports of certain seamless pipes and tubes of stainless steel originating in China - Imposition of a definitive anti-dumping duty - Rights of the defence - Calculation of the dumping margin - Analogue country - Injury - Causal link)

(2020/C 443/23)

Language of the case: English

Parties

Applicant: Zhejiang Jiuli Hi-Tech Metals Co. Ltd (Huzhou, China) (represented by: K. Adamantopoulos and P. Billiet, lawyers)

Defendant: European Commission (represented by: A. Demeneix, M. França, N. Kuplewatzky and E. Schmidt, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of Commission Implementing Regulation (EU) 2018/330 of 5 March 2018 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of stainless steel originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (OJ 2018 L 63, p. 15), in so far as it concerns the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Zhejiang Jiuli Hi-Tech Metals Co. Ltd to pay the costs.

(1) OJ C 240, 9.7.2018.
Official Journal of the European Union

Judgment of the General Court of 9 September 2020 — Confédération nationale du Crédit mutuel and Others v ECB

(Case T-145/18) (1)

(Economic and monetary policy - Prudential supervision of credit institutions - Contribution to the deposit guarantee system or to the single resolution fund by means of irrevocable payment commitments - Tasks entrusted to the ECB - Specific supervision powers of the ECB - Article 4(1)(f) and Article 16(1)(c) and (2)(d) of Regulation (EU) No 1024/2013 - Measure requiring the deduction of the cumulative amount of irrevocable payment commitments outstanding from Tier 1 capital - Absence of individual examination)

(2020/C 399/36)

Language of the case: French

Parties

Applicants: Confédération nationale du Crédit mutuel (Paris, France) and the 37 other applicants whose names are listed in the annex to the judgment (represented by: A. Gosset-Grainville, M. Trabucchi and M. Dalon, lawyers)

Defendant: European Central Bank (represented by: E. Koupepidou, R. Bax and F. Bonnard, acting as Agents)

Re:

Application based on Article 263 TFEU for partial annulment, first, of ECB Decision ECB/SSM/2017-9695000CG7B84NLR5984/207 of 19 December 2017, and, second, of ECB Decision ECB-SSM-2019-FRCMU-4 of 14 February 2019.

Operative part of the judgment

The Court:

1. Annuls paragraph 8 of Decision ECB/SSM/2017-9695000CG7B84NLR5984/207 of the European Central Bank (ECB) of 19 December 2017 and paragraph 5 of Decision ECB-SSM-2019-FRCMU-4 of the ECB of 14 February 2019;

2. Orders the ECB to pay the costs.

(1) OJ C 161, 7.5.2018.
Judgment of the General Court of 13 January 2021 — ZR v EUIPO

(Case T-610/18) (1)

(Civil service - Recruitment - Notice of competition - Open Competition EUIPO/AD/01/17 - Decision not to place the applicant’s name on the reserve list for the competition - Composition of the selection board - Stability)

(2021/C 72/28)

Language of the case: English

Parties

Applicant: ZR (represented by: S. Rodrigues and A. Blot, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Lukošiūtė and K. Tóth, acting as Agents, assisted by B. Wägenbaur, lawyer)

Re:

Action pursuant to Article 270 TFEU seeking annulment, first, of the decision of 1 December 2017 of the selection board for Competition EUIPO/AD/01/17 — Administrators (AD 6) in the field of intellectual property, not to place the applicant’s name on the reserve list drawn up with a view to the recruitment of administrators by EUIPO, second, of the decision of that selection board of 7 March 2018 rejecting the applicant’s request for review and, third, of the decision of EUIPO of 27 June 2018 rejecting the applicant’s complaint in accordance with Article 90(2) of the Staff Regulations of Officials of the European Union.

Operative part of the judgment

The Court:

1. Annuls the decision of 7 March 2018, by which the selection board for Open Competition EUIPO/AD/01/17 refused, after review, to place ZR on the reserve list for the recruitment of grade AD 6 administrators in the field of intellectual property;

2. Dismisses the action as to the remainder;

3. Orders the European Union Intellectual Property Office (EUIPO) to pay the costs.

(1) OJ C 455, 17.12.2018.
Judgment of the General Court of 16 December 2020 — Industrial Química del Nalón v Commission

(Case T-635/18) (1)

(Non-contractual liability - Environment - Classification, labelling and packaging of certain substances and mixtures - Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance - Sufficiently serious breach of a rule of law intended to confer rights on individuals)

(2021/C 44/65)

Language of the case: English

Parties

Applicant: Industrial Química del Nalón, SA (Oviedo, Spain) (represented by: K. Van Maldegem, M. Grunchard, S. Saez Moreno and P. Sellar, lawyers)

Defendant: European Commission (represented by: M. Wilderspin, R. Lindenthal and K. Talabér-Ritz, acting as Agents)

Interveners in support of the defendant: Kingdom of Spain (represented by: L. Aguilera Ruiz, acting as Agent), European Chemicals Agency (represented by: M. Heikkilä and W. Broere, acting as Agents)

Re:

Action under Article 268 TFEU seeking compensation for the damage which the applicant claims to have suffered as a result of the adoption of Commission Regulation (EU) No 944/2013 of 2 October 2013 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (OJ 2013 L 261, p. 5), in so far as that regulation classified pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) and Aquatic Chronic 1 (H410) substance.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Industrial Química del Nalón, SA, to bear its own costs and to pay those incurred by the European Commission;

3. Orders the Kingdom of Spain and the European Chemicals Agency (ECHA) to bear their own costs.

(1) OJ C 16, 14.1.2019.
Official Journal of the European Union

Judgment of the General Court of 2 June 2021 — Casa Regina Apostolorum della Pia Società delle Figlie di San Paolo v Commission

(Case T-223/18) (1)

(State aid - Healthcare services - Direct grants to public hospitals in the Lazio Region (Italy) - Decision finding that there is no State aid - Action for annulment - Regulatory act not entailing implementing measures - Direct concern - Admissibility - Obligation to state reasons - Concept of economic activity)

(2021/C 278/54)

Language of the case: Italian

Parties

Applicant: Casa Regina Apostolorum della Pia Società delle Figlie di San Paolo (Albano Laziale, Italy) (represented by: F. Rosi, lawyer)

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

Re:

Application under Article 263 TFEU seeking annulment of Commission Decision C(2017) 7973 final of 4 December 2017 on State aid SA.39913 (2017/NN) — Italy — Alleged compensation of public hospitals in the Lazio Region.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Casa Regina Apostolorum della Pia Società delle Figlie di San Paolo to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 190, 4.6.2018.
Judgment of the General Court of 24 February 2021 — Universität Koblenz-Landau v EACEA

(Case T-606/18) (1)

(Arbitration clause - Tempus Programmes - Grant agreement - Eligible costs - Suspension of payments - Repayment of amounts paid - Obligation to state reasons)

(2021/C 148/19)

Language of the case: German

Parties

Applicant: Universität Koblenz-Landau (Mainz, Germany) (represented by: C. von der Lühe and I. Felder, lawyers)

Defendant: Education, Audiovisual and Culture Executive Agency (represented by: H. Monet, acting as Agent, and R. van der Hout and C. Wagner, lawyers)

Re:

Application under Article 272 TFEU asking the General Court, first, to declare that the EACEA is not owed a debt of EUR 22 452,22, to which the latter claims to be entitled in respect of the performance of Grant Agreement No. 2012-3075 concerning the implementation of the project ‘Qualification Frameworks in Central Asia: Bologna-Based Principles and Regional Coordination’, and, secondly, to order EACEA to pay the applicant a sum of EUR 41 408,15 under that agreement, together with default interest.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Universität Koblenz-Landau to pay the costs.

(1) OJ C 427, 26.11.2018.
Judgment of the General Court of 29 September 2021 — Ryanair and Others v Commission

(Case T-448/18) (1)

(State aid - Agreements concluded by Kärntner Flughafen Betriebsgesellschaft with Ryanair and its subsidiaries Airport Marketing Services and Leading Verge.com - Airport services - Marketing services - Decision declaring the aid incompatible with the internal market and ordering its recovery - Concept of State aid - Whether imputable to the State - Advantage - Private investor test - Recovery - Article 41 of the Charter of Fundamental Rights - Right of access to the file - Right to be heard)

(2021/C 471/52)

Language of the case: English

Parties

Applicants: Ryanair DAC (Swords, Ireland), Airport Marketing Services Ltd (Dublin, Ireland), FR Financing (Malta) Ltd (Douglas, Isle of Man) (represented by: E. Vahida and I.-G. Metaxas-Maranghidis, lawyers, and by B. Byrne, Solicitor)

Defendant: European Commission (represented by: K. Blanck, A. Bouchagiar and S. Noë, acting as Agents)

Re:

Application under Article 263 TFEU seeking the partial annulment of Commission Decision (EU) 2018/628 of 11 November 2016 on State aid SA.24221(2011/C) (ex 2011/NN) implemented by Austria for the Klagenfurt airport, Ryanair and other airlines using the airport (OJ 2018 L 107, p. 1), in so far as it concerns the applicants.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ryanair DAC, Airport Marketing Services Ltd and FR Financing (Malta) Ltd to bear their own costs and to pay those incurred by the European Commission.

(1) OJ C 319, 10.9.2018.
Judgment of the General Court of 14 July 2021 — Harrington Padrón v Council

(Case T-550/18) (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 - Inclusion of the applicant’s name on the lists - Error of assessment - Right to property)

(2021/C 349/36)

Language of the case: English

Parties

Applicant: Katherine Nayarith Harrington Padrón (Caracas, Venezuela) (represented by: F. Di Gianni and L. Giuliano, lawyers)

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

Re:

Application based on Article 263 TFEU and seeking the annulment of Council Decision (CFSP) 2018/901 of 25 June 2018 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 160 I, p. 12) and of Council Implementing Regulation (EU) 2018/899 of 25 June 2018 implementing Regulation (EU) 2017/2063 concerning restrictive measures in view of the situation in Venezuela (OJ 2018 L 160 I, p. 5), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Katherine Nayarith Harrington Padrón to pay the costs.

(1) OJ C 427, 26.11.2018.
Judgment of the General Court of 6 October 2021 — Ukrselhosprom PCF and Versobank v ECB

(Joined Cases T-351/18 and T-584/18) (1)

(Economic and monetary policy - Prudential supervision of credit institutions - Specific supervisory tasks assigned to the ECB - Decision to withdraw a credit institution’s authorisation - Breach of legislation on combating money laundering and the financing of terrorism - Admissibility - Powers of the national competent authorities (NCAs) of participating Member States and of the ECB under the Single Supervisory Mechanism (SSM) - Equal treatment - Proportionality - Protection of legitimate expectations - Legal certainty - Misuse of powers - Rights of the defence - Obligation to state reasons)

(2021/C 490/29)

Language of the case: English

Parties

Applicants: Ukrselhosprom PCF LLC (Solone, Ukraine), Versobank AS (Tallinn, Estonia) (represented by: O. Behrends, lawyer)

Defendant: European Central Bank (represented by: C. Hernández Saseta and G. Marafioti, acting as Agents, and by B. Schneider, lawyer)

Intervener in support of the defendant: European Commission (represented by: A. Steiblytė, D. Triantafyllou and A. Nijenhuis, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment, first, of decision ECB_SSM_2018_EE_1 WHD_2017 0012 of the ECB of 26 March 2018, secondly, of decision ECB_SSM_2018_EE_2 WHD_2017 0012 of 17 July 2018, replacing decision ECB_SSM_2018_EE_1 WHD_2017 0012, by which the ECB withdrew Versobank’s authorisation to operate as a credit institution, and, thirdly, of decision ECB/SSM/2018 EE 3 of 14 August 2018 on the costs relating to the review procedure.

Operative part of the judgment

The Court:

1. Orders that Cases T-351/18 and T-584/18 be joined for the purposes of the judgment;

2. Declares that there is no longer any need to adjudicate on the action in Case T-351/18;

3. Dismisses the action in Case T-584/18;

4. Orders Ukrselhosprom PCF LLC, Versobank AS, the European Central Bank (ECB) and the European Commission each to bear their own costs in Case T-351/18;

5. Orders Ukrselhosprom PCF and Versobank, in Case T-584/18, to bear their own costs and to pay those of the ECB;

6. Orders the Commission to bear its own costs in Case T-584/18.

(1) OJ C 294, 20.8.2018.
Official Journal of the European Union

Judgment of the General Court of 29 January 2020 — Volkswagen v EUIPO (CROSS)

(Case T-42/19) (1)

(EU trade mark - Application for EU word mark CROSS - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001 - Lack of distinctive character - Article 7(1)(b) of Regulation 2017/1001 - Equal treatment - Obligation to state reasons - Article 94(1)of Regulation 2017/1001)

(2020/C 77/65)

Language of the case: German

Parties

Applicant: Volkswagen AG (Wolfsburg, Germany) (represented by: F. Thiering and L. Steidle, lawyers)

Defendant: European Union Intellectual Property Office (represented by: G. Schneider, S. Hanne and E. Markakis, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 14 November 2018 (Case R 2500/2017-1), relating to an application for registration of the word sign CROSS as an EU trade mark,

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Volkswagen AG to pay the costs.

(1) OJ C 82, 4.3.2019.
Official Journal of the European Union

Judgment of the General Court of 12 December 2019 — gastivo portal v EUIPO — La Fourchette (Depiction of a fork on a green background)

(Case T-267/19) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark depicting a fork on a green background - Earlier EU figurative mark gastivo - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2020/C 36/40)

Language of the case: English

Parties

Applicant: gastivo portal GmbH (Bremen, Germany) (represented by: O. Spieker, A. Schönfleisch, N. Willich and N. Achilles, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO: La Fourchette SAS (Paris, France)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 20 February 2019 (Case R 1211/2018-4), relating to opposition proceedings between gastivo portal and La Fourchette.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders gastivo portal GmbH to pay the costs.

(1) OJ C 230, 8.7.2019.