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

Judgment of the General Court of 30 November 2022 — Lila Rossa Engros v EUIPO (LiLAC)

(Case T-780/21) (1)

(EU trade mark - Application for EU figurative mark LiLAC - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001)

(2023/C 35/68)

Language of the case: Romanian

Parties

Applicant: Lila Rossa Engros SRL (Voluntari, Romania) (represented by: O. Anghel, lawyer)

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

Re:

By its action based on Article 263 TFEU, the applicant seeks annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 10 September 2021 (Case R 441/2021-5).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Lila Rossa Engros SRL to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO).

(1) OJ C 95, 28.2.2022.
Judgment of the General Court of 9 November 2022 — QM v Europol

(Case T-164/21) (1)

(Civil service - Members of the temporary staff - Non-renewal of a fixed-term contract for an indefinite period - Interests of the service - Error of law - Manifest error of assessment - Right to be heard - Principle of sound administration - Duty to have regard for the welfare of staff)

(2023/C 15/48)

Language of the case: French

Parties

Applicant: QM (represented by: N. de Montigny, lawyer)

Defendant: European Union Agency for Law Enforcement Cooperation (represented by: A. Nunzi, O. Sajin and C. Falmagne, acting as Agents, and by A. Duron and D. Waelbroeck, lawyers)

Re:

By his action under Article 270 TFEU, the applicant seeks annulment of the decision of the European Union Agency for Law Enforcement Cooperation (Europol) of 27 May 2020 not to renew his employment contract for an indefinite period and, so far as necessary, annulment of the decision of 18 December 2020 rejecting his complaint.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders QM to pay the costs.

(1) OJ C 189, 17.5.2021.
Official Journal of the European Union

Judgment of the General Court of 9 November 2022 — Loutsou v EUIPO (POLIS LOUTRON)

(Case T-13/22) (1)

(EU trade mark - Application for EU figurative mark POLIS LOUTRON - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001 - No distinctive character - Article 7(1)(b) of Regulation 2017/1001)

(2023/C 7/40)

Language of the case: Greek

Parties

Applicant: Alexandra Loutsou (Thessaloniki, Greece) (represented by: S. Psomakakis, lawyer)

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

Re:

By her action based on Article 263 TFEU, the applicant seeks annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 20 October 2021 (Case R 544/2020-1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Alexandra Loutsou to pay the costs.

(1) OJ C 138, 28.3.2022.
EN Official Journal of the European Union C 32/34

Order of the Court of First Instance of 3 November 2008 — Pelle and Konrad v Council of the European Union and the Commission of the European Communities

(Joined Cases T-8/95 and T-9/95) (1)

(Non-contractual liability - Milk - Additional levy - Reference quantity - Regulation (EEC) No 2187/93 - Compensation of producers - Suspension of limitation)

(2009/C 32/64)

Language of the case: German

Parties

Applicants: Wilhelm Pelle (Kluse-Ahlen, Germany) and Ernst-Reinhard Konrad (Löllbach, Germany) (represented by: B. Meisterernst, M. Düsing, D. Manstetten, F. Schulze and W. Haneklaus, lawyers)

Defendants: Council of the European Union (represented initially by A. Brautigam and A.-M. Colaert, and subsequently by A.-M.Colaert, agents) and the Commission of the European Communities (represented by B. Booß and M. Niejahr, agents, and subsequently by T. van Rijn and M. Niejahr, assisted initially by H.-J. Rabe, G. Berrisch and M. Núñez-Müller, lawyers)

Re:

Applications for compensation under Article 178 of the EC Treaty (now Article 235 EC) and under the second paragraph of Article 215 of the EC Treaty (now the second paragraph of Article 288 EC) for damage allegedly suffered by the applicants as a result of the application of Council Regulation (EEC) No 857/84 of 31 March 1984 adopting general rules for the application of the levy referred to in Article 5c of Council Regulation (EEC) No 804/68 in the milk and milk products sector (OJ 1984 L 90, p. 13), as supplemented by Commission Regulation (EEC) No 1371/84 of 16 May 1984 laying down detailed rules for the application of the additional levy referred to in Article 5c of Regulation No 804/68 (OJ 1984 L 132, p. 11).

Operative part of the order

1. There is no need to adjudicate on the present action.

2. Each party bears its own costs.

(1) OJ C 74, 25.3.1995.
EN Official Journal of the European Union C 86/15

Order of the General Court of 29 January 2013 — Barbini and Others v Commission

(Case T-272/00) (1)

(Action for annulment - State aid - Reductions in social security contributions for undertakings in Venice and Chioggia - Decision declaring the aid scheme incompatible with the common market and imposing the recovery of the aid paid - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)

2013/C 86/24

Language of the case: Italian

Parties

Applicants: Alfredo Barbini Srl (Murano, Italy); Aureliano Toso Srl (Murano); AVMazzega Srl (Murano); Barovier & Toso vetrerie artistiche riunite Srl (Murano); Carlo Moretti Srl (Murano); Effetre SpA (Resana, Italy); Ferro & Lazzarini Srl (Murano); Formia Srl (Murano); Gino Cenedese & Figlio (Murano); La Murrina (Murano); Mazzuccato International Srl (Murano); Nason & Moretti Srl, (Murano); Tfz Internazionale Srl (Murano); V. Nason & C. Srl (Murano); Venini SpA (Murano); Vetreria de Majo Srl (Murano); and Vetreria LAG Srl (Murano) (represented by: A. Vianello, M. Merola and A. Sodano, lawyers)

Defendant: European Commission (represented by: V. Di Bucci, Agent, and by A. Dal Ferro, lawyer)

Intervener in support of the applicants: Italian Republic (represented by: U. Leanza initially, then by I. Braguglia, then R. Adam and finally I. Bruni, Agents, and by G. Aiello and P. Gentili, avvocati dello Stato)

Re:

Application for annulment of Commission Decision 2000/394/EC of 25 November 1999 on aid to firms in Venice and Chioggia by way of relief from social security contributions under Laws Nos 30/1997 and 206/1995 (OJ 2000 L 150, p. 50)

Operative part of the order

1. The plea of inadmissibility raised by the European Commission is joined to the main proceedings.

2. The action is dismissed as, in part, manifestly inadmissible and, in part, manifestly lacking any foundation in law.

3. Alfredo Barbini Srl, Aureliano Toso Srl, AVMazzega Srl, Barovier & Toso vetrerie artistiche riunite Srl, Carlo Moretti Srl, Effetre SpA, Ferro & Lazzarini Srl, Formia Srl, Gino Cenedese & Figlio, La Murrina, Mazzuccato International Srl, Nason & Moretti Srl, Tfz Internazionale Srl, V. Nason & C. Srl, Venini SpA, Vetreria de Majo Srl, and Vetreria LAG Srl, in addition to bearing their own costs, are to pay the costs incurred by the Commission.

4. The Italian Republic is to bear its own costs.

(1) OJ C 355, 9.12.2000.
EN Official Journal of the European Union C 32/26

Order of the General Court of 6 December 2012 — Scott v Commission

(Case T-366/00 RENV) (1)

2013/C 32/41

Language of the case: English

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

(1) OJ C 61, 24.2.2001.
Official Journal of the European Union

Order of the General Court of 6 September 2010 — British American Tobacco (Investments) v Commission

(Case T-170/03) (1)

()

(2010/C 288/116)

Language of the case: English

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

(1) OJ C 171, 19.7.2003.
EN Official Journal of the European Union C 128/33

Order of the Court of First Instance of 2 April 2008 — Maison de l'Europe Avignon Méditerranée v Commission

(Case T-100/03) (1)

(Action for annulment - Setting up of an Info-Point Europe - Termination of an agreement entered into by the Commission and the applicant - Manifest inadmissibility)

(2008/C 128/71)

Language of the case: French

Parties

Applicant: Maison de l'Europe Avignon Méditerranée (Avignon, France) (represented by: F. Martineau, lawyer)

Defendant: Commission of the European Communities (represented by: J.-F. Pasquier, acting as Agent)

Re:

Application for the annulment of the decision of the Commission of 24 January 2003 terminating the agreement between the Commission and the applicant on the setting up of an Info-Point Europe (IPE) in Avignon

Operative part of the order

1. The action is dismissed.

2. Maison de l'Europe Avignon Méditerranée is ordered to pay the costs.

(1) OJ C 112, 10.5.2003.
EN Official Journal of the European Union C 171/34

Order of the Court of First Instance of 18 April 2008 — Maison de l'Europe Avignon Méditerranée v Commission

(Case T-302/04) (1)

(Arbitration clause - Creation of an Info Point Europe - Agreement concluded between the Commission and the applicant - Manifest lack of jurisdiction of the Court of first Instance - Action manifestly unfounded)

(2008/C 171/61)

Language of the case: French

Parties

Applicant: Maison de l'Europe Avignon Méditerranée (Avignon, France) (represented by: F. Martineau, lawyer)

Defendant: Commission of the European Communities (represented by: J.F. Pasquier and E. Manhaeve, agents)

Re:

Action based on an arbitration clause seeking an order for the Commission to pay the applicants the total sum of EUR 394 066,76 on account of its alleged failure to fulfil contractual obligations arising under the agreement on the creation of an Info Point Europe in Avignon.

Operative part of the order

1. The action is dismissed.

2. The Maison de l'Europe Avignon Méditerranéeis ordered to pay the costs.

(1) OJ C 262, of 23.10.2004.
EN Official Journal of the European Union C 32/26

Order of the President of the General Court of 6 December 2012 — Poland v Commission

(Case T-258/04 RENV) (1)

2013/C 32/42

Language of the case: Polish

The President of General Court has ordered that the case be removed from the register.

(1) OJ C 251, 9.10.2004.
EN Official Journal of the European Union C 301/35

Order of the Court of First Instance of 12 September 2008 — Jacobs v Commission

(Case T-131/04) (1)

(Staff case - Officials - Interlocutory judgment - No need to adjudicate)

(2008/C 301/58)

Language of the case: French

Parties

Applicant: Luc Jacobs (Brussels, Belgium) (represented by: N. Lhoëst, lawyer)

Defendant: Commission of the European Communities (represented by: J. Currall and H. Krämer, Agents, assisted by B. Wägenbaur, lawyer)

Re:

First, application for annulment of the Commission's decision of 14 April 2003 altering the applicant's classification in grade, in so far as it fixes his classification in step on recruitment in step 2 of Grade B4, fixes 5 October 1995 as the date on which the decision was to have pecuniary effect and did not re-establish the applicant's career grade, and an application for annulment of the decision rejecting the applicant's complaint and, second, an application for compensation for the damage allegedly caused by that decision.

Operative part of the order

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

2. The Commission shall pay all the costs.

(1) OJ C 118, 30.4.2004.
EN Official Journal of the European Union C 92/46

Order of the Court of First Instance (Fifth Chamber) of 1 February 2008 — Nomura Principal Investment and Nomura International v Commission

(Case T-233/05) (1)

(2008/C 92/90)

Language of the case: English

The President of the Court of First Instance (Fifth Chamber) has ordered that the case be removed from the register.

(1) OJ C 217, 3.9.2005.
EN Official Journal of the European Union C 282/46

Order of the Court of First Instance of 24 September 2009 — SBS TV and SBS Danish Television v Commission

(Case T-12/05) (1)

(State aid - Recapitalisation of a public service broadcaster following a first decision ordering recovery of incompatible State aid - Decision not to raise any objections - Annulment of the first decision - No need to adjudicate)

2009/C 282/88

Language of the case: English

Parties

Applicants: SBS TV A/S, formerly TV Danmark A/S (Skovlunde, Denmark) and SBS Danish Television Ltd, formerly Kanal 5 Denmark Ltd (Hounslow, Middlesex, United Kingdom) (represented initially by D. Vandermeersch, T. Müller-Ibold, K. Nordlander and H. Peytz, and subsequently by D. Vandermeersch, H. Peytz and K.- U. Karl, lawyers)

Defendant: Commission of the European Communities (represented by: N. Kahn and M. Niejahr, Agents)

Intervener in support of the applicants: Viasat Broadcasting UK Ltd (West Drayton, Middlesex, United Kingdom) (represented by S. Hjelmborg and M. Honoré, lawyers)

Interveners in support of the defendant: Kingdom of Denmark (represented by J. Molde, Agent, and by P. Biering and K. Lundgaard Hansen, lawyers); and TV 2/Danmark A/S (Odense, Denmark) (represented by O. Koktvedgaard and M. Thorninger, lawyers)

Re:

Application for annulment of Commission Decision C (2004) 3632 final of 6 October 2004 relating to the recapitalisation of TV 2/Danmark A/S.

Operative part of the order

1. There is no need to give a decision in the present action;

2. Each party shall bear its own costs.

(1) OJ C 69, 19.3.2005.
EN Official Journal of the European Union C 301/61

Order of the Court of First Instance of 11 September 2008 — Italy v Commission

(Case T-82/05) (1)

(2008/C 301/105)

Language of the case: Italian

The President of the Court of First Instance (Second Chamber) has ordered that the case be removed from the register.

(1) OJ C 93, 16.4.2005.
EN Official Journal of the European Union C 142/25

Order of the Court of First Instance of 10 April 2008 — 2K-Teint and Others v Commission and EIB

(Case T-336/06) (1)

(Non-contractual liability - Financing contract concluded with Morocco - EIB's alleged negligence and failures in monitoring a loan financed by the Community budget - Limitation - Inadmissibility)

(2008/C 142/46)

Language of the case: French

Parties

Applicants: 2K-Teint SARL (Casablanca, Morocco); Mohammed Kermoudi, Khalid Kermoudi, Laila Kermoudi, Mounia Kermoudi, Salma Kermoudi and Rabia Kermoudi (Casablanca) (represented by: P. Thomas, lawyer)

Defendants: Commission of the European Communities (represented by A. Aresu and V. Joris, Agents) and European Investment Bank (EIB) (represented by C. Gómez de la Cruz and J.-P. Minnaert, Agents)

Re:

Action for compensation for the loss allegedly suffered by the applicants by reason of the EIB's negligence and failures in monitoring the use of funds intended for the completion of the project of 2K-Teint, in performance of the financing contract concluded between the EIB, as agent of the Community, and the Kingdom of Morocco.

Operative part of the order

1. The action is dismissed as inadmissible;

2. 2K-Teint SARL, Mohammed Kermoudi, Khalid Kermoudi, Laila Kermoudi, Mounia Kermoudi, Salma Kermoudi and Rabia Kermoudi are ordered to pay, in addition to their own costs, the costs incurred by the Commission and the European Investment Bank (EIB).

(1) OJ C 20, 27.1.2007.
EN Official Journal of the European Union C 51/60

Order of the Court of First Instance of 13 December 2007 — Select Appointments v OHIM — Manpower (TELESELECT)

(Case T-202/06) (1)

(2008/C 51/111)

Language of the case: English

The President of the Court of First Instance (Third Chamber) has ordered that the case be removed from the register.

(1) OJ C 294, 2.12.2006.
EN Official Journal of the European Union C 223/40

Order of the Court of First Instance of 14 July 2008 — Espinosa Labella and Others v Commission

(Case T-322/06) (1)

(Action for annulment - Directive 92/43/EEC - Conservation of natural habitats and of wild fauna and flora - Decision 2006/613/EC - List of sites of Community importance for the Mediterranean biogeographical region - Challengeable act - Lack of direct effect - Inadmissible)

(2008/C 223/68)

Language of the case: Spanish

Parties

Applicants: Manuel José Espinosa Labella (Almería, Spain); Josefa Labella Dávalos (Almería); María Pilar Espinosa Labella (Almería); María José Espinosa Labella (Almería); Tomasa Peñuela Ortiz (Almería); Tomás Espinosa Peñuela (Almería); Francisco José Espinosa Peñuela (Mairena del Aljarafe, Spain); Juan Manuel Espinosa Peñuela (Madrid, Espagne); María Lourdes Espinosa Peñuela (Almería); Adela Espinosa Peñuela (Almería); Jorge Jesús Espinosa Peñuela (Almería) and the heirs of de Rafael Espinosa Peñuela (Almería) (represented by: M.J. Rovira Daudí, lawyer)

Defendant: Commission of the European Communities (represented by: A. Alcover San Pedro and D. Recchia, Agents)

Intervener in support of the defendant: Kingdom of Spain (represented by: F. Díez Moreno, abogado del Estado)

Re:

Partial annulment of Commission Decision 2006/613/EC of 19 July 2006 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Mediterranean biogeographical region (OJ 2006 L 259, p. 1), in so far as it declares the site designated as ‘Artos de El Ejido’, which includes lands belonging to the applicants, to be a site of Community importance for the Mediterranean biogeographical region.

Operative part of the order

1. The action is dismissed as inadmissible;

2. Manuel José Espinosa Labella, Josefa Labella Dávalos, María Pilar Espinosa Labella, María José Espinosa Labella, Tomasa Peñuela Ortiz, Tomás Espinosa Peñuela, Francisco José Espinosa Peñuela, Juan Manuel Espinosa Peñuela, María Lourdes Espinosa Peñuela, Adela Espinosa Peñuela; Jorge Jesús Espinosa Peñuela and the heirs of Rafael Espinosa Peñuela are ordered to bear their own costs and to pay those of the Commission;

3. The Kingdom of Spain is ordered to bear its own costs.

(1) OJ C 326, 30.12.2006.
EN Official Journal of the European Union C 197/24

Order of the Court of First Instance of 14 May 2008 — Icuna.Com v Parliament

(Joined Cases T-383/06 and T-71/07) (1)

(Actions for annulment - Actions for damages - Public service contracts - Community tendering procedure - Rejection of a tender - Decision to annul the tendering procedure - Action manifestly lacking any foundation in law - No need to give a decision)

(2008/C 197/42)

Language of the case: French

Parties

Applicant: Icuna.Com SCRL (Braine-le-Château, Belgium) (represented by: J. Windey and P. De Bandt, lawyers)

Defendant: European Parliament (represented by: O. Caissou-Rousseau and M. Ecker, Agents)

Re:

In Case T-383/06, (i) an application for annulment of the decision of the European Parliament of 1 December 2006 rejecting the tender submitted by the applicant in the framework of lot 2 (programme contents) of the tender procedure EP/DGINFO/WEBTV/2006/0003 relating to the creation and establishment of the European Parliament web television channel and (ii) an application for damages to compensate for the loss allegedly suffered by the applicant following the adoption of the decision of 1 December 2006 and, in Case T-71/07, (i) an application for annulment of the decision of the European Parliament of 31 January 2007 annulling the tender procedure EP/DGINFO/WEBTV/2006/0003 relating to the creation and establishment of the European Parliament web television channel, in so far as concerns lot 2 (programme contents), and (ii) an application for damages to compensate for the loss allegedly suffered by the applicant following the adoption of the decision of 31 January 2007.

Operative part of the order

1. Cases T-383/06 and T-71/07 shall be joined for the purposes of the order.

2. In Case T-71/07, the objection of inadmissibility shall be considered together with the substance of the case.

3. The action in Case T-71/07 is dismissed as manifestly lacking any foundation in law.

4. There is no longer any need to give a decision on the application for annulment in Case T-383/06.

5. The application for damages in Case T-383/06 is dismissed as manifestly lacking any foundation in law.

6. In Case T-383/06, the Parliament shall bear its own costs and pay half of the costs of Icuna.Com SCRL, including those relating to the proceedings for interim relief. Icuna.Com shall bear half of its own costs.

7. In Case T-71/07, Icuna.Com shall bear its own costs and pay those incurred by the Parliament, including those relating to the proceedings for interim relief and to the objection of inadmissibility.

(1) OJ C 20, 27.1.2007.
EN Official Journal of the European Union C 327/41

Order of the Court of First Instance of 11 September 2008 — Italy v Commission

(Case T-126/06) (1)

(2008/C 327/74)

Language of the case: Italian

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

(1) OJ C 143, 17.6.2006.
EN Official Journal of the European Union C 301/62

Order of the Court of First Instance of 11 September 2008 — Italian Republic v Commission

(Case T-77/06) (1)

(2008/C 301/112)

Language of the case: Italian

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

(1) OJ C 96, 22.4.2006.
EN Official Journal of the European Union C 37/36

Order of the General Court of 15 December 2009 — Inet Hellas v Commission

(Case T-107/06) (1)

(Action for annulment - Implementation of the ‘.eu’ top-level domain - Registration of the domain ‘.co’ as a second-level domain - Non-actionable measure - Inadmissibility)

2010/C 37/49

Language of the case: Greek

Parties

Applicant: Inet Hellas Ilektroniki Ipiresia Pliroforion EPE (Inet Hellas) (Athens, Greece) (represented by: V. Chatzopoulos, lawyer)

Defendant: European Commission (represented by: G. Zavvos and E Montaguti, Agents)

Re:

Application for annulment of the decision supposedly contained in the Commission’s letter of 31 January 2004 concerning the rejection by the body responsible for the organisation, administration and management of the ‘.eu’ top-level domain of the applicant’s request for registration of ‘.co’ as a second-level domain.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Inet Hellas Ilektroniki Ipiresia Pliroforion EPE (Inet Hellas) is ordered to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 190, 12.8.2006.