ddrg/super_eurlex huggingface dataset:
Judgment of the General Court of 13 July 2018 — Curto v Parliament

(Case T-275/17) (1)

((Civil service - Accredited parliamentary assistants - Article 24 of the Staff Regulations - Request for assistance - Article 12a of the Staff Regulations - Psychological harassment - Advisory Committee dealing with harassment complaints between Accredited Parliamentary Assistants and Members of the European Parliament and its prevention at the workplace - Decision rejecting the request for assistance - Error of assessment - Scope of the duty to provide assistance - Duration of the administrative procedure - Reasonable period - Refusal to disclose reports drawn up by the Advisory Committee))

(2018/C 341/26)

Language of the case: English

Parties

Applicant: Michela Curto (Genoa, Italy) (represented by: L. Levi and C. Bernard-Glanz, lawyers)

Defendant: European Parliament (represented by: O. Caisou-Rousseau, E. Taneva and M. Rantala, Agents)

Re:

Action under Article 270 TFEU for (i) annulment of the decision of the European Parliament, of 30 June 2016, by which the Authority empowered to conclude contracts of employment of that institution rejected the request for assistance submitted by the applicant on 14 April 2014 and (ii) compensation for the harm allegedly suffered by the applicant as a result of that authority’s disregard of the duty to provide assistance laid down in Article 24 of the Staff Regulations of Officials of the European Union, inter alia on account of the excessive duration of the procedure.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Parliament of 30 June 2016 by which the authority empowered to conclude contracts of employment of that institution rejected the request for assistance submitted by Ms Michela Curto on 14 April 2014;

2. Orders the Parliament to pay Ms Curto, in respect of the non-material harm suffered, the sum of EUR 10 000, together with default interest from the date of delivery of the present judgment at the rate fixed by the European Central Bank (ECB) for its main refinancing operations;

3. Orders the Parliament to pay the costs.

(1) OJ C 239, 24.7.2017.
Official Journal of the European Union

Judgment of the General Court of 27 September 2018 — TenneT Holding v EUIPO — Ngrid Intellectual Property (NorthSeaGrid)

(Case T-70/17) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark NorthSeaGrid - Earlier EU word and figurative marks nationalgrid - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

(2018/C 427/64)

Language of the case: English

Parties

Applicant: TenneT Holding BV (Arnhem, Netherlands) (represented by: K. Limperg, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Ngrid Intellectual Property Ltd (London, United Kingdom) (represented by: F. Traub, Solicitor)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 21 November 2016 (Case R 1607/2015-5) relating to opposition proceedings between Ngrid Intellectual Property and TenneT Holding.

Operative part of the judgment

The Court:

1. Annuls paragraph 1 of the operative part of the decision of the Fifth Board of Appeal of EUIPO of 21 November 2016 (Case R 1607/2015-5) relating to opposition proceedings between Ngrid Intellectual Property Ltd and TenneT Holding BV;

2. Orders EUIPO to pay, in addition to its own costs, those incurred by TenneT Holding BV;

3. Orders Ngrid Intellectual Property to bear its own costs.

(1) OJ C 104, 3.4.2017.
Official Journal of the European Union

Judgment of the General Court of 20 September 2018 — Exaa Abwicklungsstelle für Energieprodukte v ACER

(Case T-123/17) (1)

((Energy - Decision of the Board of Appeal of ACER - Rejection of the application to intervene - Direct and existing interest at the end of the procedure - Obligation to state reasons - Right to be heard))

(2018/C 408/61)

Language of the case: German

Parties

Applicant: Exaa Abwicklungsstelle für Energieprodukte AG (Vienna, Austria) (represented by: B. Rajal, lawyer)

Defendant: Agency for the Cooperation of Energy Regulators (represented by: P. Martinet and E. Tremmel, acting as Agents)

Intervener in support of the defendant: Republic of Poland (represented by: B. Majczyna, acting as Agent)

Re:

Application based on Article 263 TFEU seeking annulment of the decision of the Board of Appeal of ACER of 17 February 2017 rejecting the applicant’s application to intervene in Case A-001-2017 (consolidated).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Exaa Abwicklungsstelle für Energieprodukte AG to bear its own costs and to pay those incurred by the Agency for the Cooperation of Energy Regulators (ACER), including those relating to the interlocutory proceedings;

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

(1) OJ C 129, 24.4.2017.
Official Journal of the European Union

Judgment of the General Court of 9 October 2018 — Pint v Commission

(Case T-634/17) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to EU Pilot procedure No 8572/16 CHAP(2015) 00353 - Refusal of access - Article 4(2) third indent of Regulation No 1049/2001 - Exception relating to protection of the purpose of investigations - General presumption of confidentiality - Overriding public interest)

(2018/C 427/80)

Language of the case: German

Parties

Applicant: Anikó Pint (Göd, Hungary) (represented by: D. Lazar, lawyer)

Defendant: European Commission (represented by: F. Erlbacher and C. Ehrbar, acting as Agents)

Intervener in support of the defendant: Hungary (represented by: M. Fehér, G. Koós and M. Tátrai, acting as Agents)

Re:

Application on the basis of Article 263 TFEU seeking the annulment of the decisions of the Commission of 1 June and 17 July 2017 refusing to grant the applicant access to documents relating to EU Pilot procedure No 8572/16 CHAP(2015) 00353.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Anikó Pint to bear her own costs and to pay those incurred by the European Commission;

3. Orders Hungary to bear its own costs.

(1) OJ C 382, 13.11.2017.
Judgment of the General Court of 27 September 2018 — Mellifera v Commission

(Case T-12/17) (1)

(Consumer protection - Implementing Regulation (EU) 2016/1056 - Implementing Regulation extending the approval period of the active substance ‘glyphosate’ - Regulation (EC) No 1367/2006 - Request for internal review - Article 2(1)(g) and Article 10(1) of Regulation No 1367/2006 - Measure of individual scope - Aarhus Convention)

(2018/C 427/61)

Language of the case: German

Parties

Applicant: Mellifera eV, Vereinigung für wesensgemäße Bienenhaltung (Rosenfeld, Germany) (represented by: A. Willand, lawyer)

Defendant: European Commission (represented by: G. Gattinara and C. Hermes, acting as Agents)

Re:

APPLICATION based on Article 263 TFEU for annulment of Commission Decision Ares(2016) 6306335 of 8 November 2016, rejecting the request for internal review based on Article 10 of Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ 2006 L 264, p. 13), of Commission Implementing Regulation (EU) 2016/1056 of 29 June 2016 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval period of the active substance ‘glyphosate’ (OJ 2016 L 173, p. 52).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mellifera eV, Vereinigung für wesensgemäße Bienenhaltung to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 63, 27.2.2017.
Judgment of the General Court of 17 October 2018 — Golden Balls v EUIPO — Les Éditions P. Amaury (GOLDEN BALLS)

(Case T-8/17) (1)

((EU trade mark - Opposition proceedings - Application for EU word mark GOLDEN BALLS - Earlier EU word mark BALLON D’OR - Relative ground for refusal - Unfair advantage taken of the distinctive character or repute of the earlier mark - Article 8(5) of Regulation (EC) No 40/94 (now Article 8(5) of Regulation (EU) 2017/1001)))

(2018/C 436/54)

Language of the case: French

Parties

Applicant: Golden Balls Ltd (London, United Kingdom) (represented by: M. Edenborough QC, M. Hawkins, Solicitor, and T. Dolde, lawyer)

Defendant: European Union Intellectual Property Office (represented initially by D. Botis, and subsequently by S. Pétrequin and A. Folliard-Monguiral, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Les Éditions P. Amaury (Boulogne-Billancourt, France) (represented by: T. de Haan, P. Péters and M. Laborde, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 30 September 2016 (Case R 1962/2015-1), relating to opposition proceedings between Intra-Presse and Ms Inez Samarawira.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 30 September 2016 (Case R 1962/2015-1) in so far as it upheld the opposition with regard to ‘Slot machines, for use in combination with a screen, scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; photographic, cinematographic and optical apparatus and instruments, recording discs, data processing equipment and computers, computer hardware, mouse-mats, mobile phone accessories, sunglasses’ in Class 9, ‘decorations for Christmas trees’ in Class 28 and ‘theatre production such as shows and theatrical performances, production of musicals, organisation of music events/concerts’ in Class 41;

2. Dismisses the action as to the remainder;

3. Orders each party to bear its own costs.

(1) OJ C 63, 27.2.2017.
Official Journal of the European Union

Judgment of the General Court of 16 October 2018 — Proof IT v EIGE

(Case T-10/17) (1)

((Public service contracts - Tender procedure - Request for services that were split into two lots - Website services - Rejection of the tender submitted by a tenderer - Award criteria - Transparency - Equal treatment - Manifest error of assessment - Non-contractual liability))

(2018/C 436/55)

Language of the case: English

Parties

Applicant: Proof IT SIA (Riga, Latvia) (represented by: J. Jerņeva and D. Pāvila, lawyers)

Defendant: European Institute for Gender Equality (represented by: J. Stuyck, V. Ost and M. Vanderstraeten, lawyers)

Re:

Application, first, under Article 263 TFEU for annulment of EIGE’s decision rejecting the tender submitted by the applicant in the context of Lot 1 relating to invitation to tender EIGE/2016/OPER/03 entitled ‘Framework contract for online services’, and awarding the framework contract to another tenderer, and, second, under Article 268 TFEU seeking compensation for the damage allegedly suffered by the applicant on account of loss of opportunity or loss of the contract itself.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Proof IT SIA to pay the costs.

(1) OJ C 78, 13.3.2017.
Official Journal of the European Union

Judgment of the General Court of 20 November 2018 — St. Andrews Links v EUIPO (ST ANDREWS)

(Case T-791/17) (1)

((EU trade mark - Application for the EU word mark ST ANDREWS - Absolute ground for refusal - Descriptive character - Geographical origin - Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)))

(2019/C 25/52)

Language of the case: English

Parties

Applicant: St. Andrews Links Ltd (St Andrews, United Kingdom) (represented by: B. Hattier, lawyer)

Defendant: European Union Intellectual Property Office (represented by: K. Kompari, Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 2 October 2017 (Case R 93/2017-4), relating to an application for registration of the word sign ST ANDREWS as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders St. Andrews Links Ltd to pay the costs.

(1) OJ C 42, 5.2.2018.
Official Journal of the European Union

Judgment of the General Court of 25 October 2018 — Devin v EUIPO — Haskovo (DEVIN)

(Case T-122/17) (1)

(EU trade mark - Cancellation proceeding - European Union word mark DEVIN - Absolute ground for refusal - Descriptive character - Geographical name - Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) and (3) of Regulation (EU) 2017/1001))

(2019/C 4/35)

Language of the case: English

Parties

Applicant: Devin AD (Devin, Bulgaria) (represented by: B. Van Asbroeck, lawyer)

Defendant: European Union Intellectual Property Office (represented by: S. Di Natale and D. Gája, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Haskovo Chamber of Commerce and Industry (Haskovo, Bulgaria)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 2 December 2016 (Case R 579/2016-2) relating to invalidity proceedings between Devin AD and Haskovo Chamber of Commerce and Industry.

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 2 December 2016 (Case R 579/2016-2);

2. Dismisses the action as to the remainder;

3. Orders EUIPO to bear its own costs and to pay those incurred by Devin AD;

4. Orders Haskovo Chamber of Commerce and Industry to bear its own costs.

(1) OJ C 121, 18.4.2017.
Official Journal of the European Union

Judgment of the General Court of 22 November 2018 — The Vianel Group v EUIPO — Viania Dessous (VIANEL)

(Case T-724/17) (1)

((EU trade mark - Opposition proceedings - International registration designating the European Union - Word mark VIANEL - Earlier EU word mark VIANIA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)))

(2019/C 44/53)

Language of the case: English

Parties

Applicant: The Vianel Group LLC (Dover, Delaware, United States) (represented by: V. Perrichon, lawyer)

Defendant: European Union Intellectual Property Office (represented by: P. Sipos and D. Walicka, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Viania Dessous GmbH (Mössingen, Germany)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 14 July 2017 (Case R 285/2017-5), relating to opposition proceedings between Viania Dessous and The Vianel Group.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders The Vianel Group LLC to pay, in addition to its own costs, the costs incurred by the European Union Intellectual Property Office (EUIPO) in the proceedings before the General Court.

(1) OJ C 13, 15.1.2018.
Official Journal of the European Union

Judgment of the General Court of 29 November 2018 — Sata v EUIPO — Zhejiang Auarita Pneumatic Tools (Spray gun for paint)

(Case T-651/17) (1)

((Community design - Invalidity proceedings - Registered Community design representing a paint spray gun - Earlier Community designs - Ground for invalidity - Informed user - Designer’s degree of freedom - Individual character - Saturation of the state of the art - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 - Expediency of oral proceedings - Article 64(1) of Regulation No 6/2002 - Duty to state reasons - Article 62 of Regulation No 6/2002))

(2019/C 44/47)

Language of the case: English

Parties

Applicant: Sata GmbH & Co. KG (Kornwestheim, Germany) (represented by: K. Manhaeve and G. Glas, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Zhejiang Auarita Pneumatic Tools Co. Ltd (Zhejiang, China)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 12 July 2017 (Case R 914/2016-3), relating to invalidity proceedings between Zhejiang Auarita Pneumatic Tools and Sata.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sata GmbH & Co. KG to pay the costs.

(1) OJ C 402, 27.11.2017.
Judgment of the General Court of 11 December 2018 — Arca Capital Bohemia v Commission

(Case T-440/17) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Documents relating to a procedure for reviewing State aid - Refusal to grant access - Exception relating to the protection of commercial interests of third parties - Exception relating to the protection of the purpose of inspections, investigations and audits - General presumption of confidentiality - Obligation to carry out a specific and individual examination - Overriding public interest))

(2019/C 72/35)

Language of the case: English

Parties

Applicant: Arca Capital Bohemia a.s. (Prague, Czech Republic) (represented by: M. Nedelka, lawyer)

Defendant: European Commission (represented by: A. Bouchagiar and A. Buchet, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking the annulment, first, of the decision allegedly contained in the Commission’s response of 15 March 2017 to the initial application for access to documents relating to a procedure for reviewing State aid and, secondly, of Commission Decision C(2017) 3130 final of 4 May 2017 refusing to grant such access.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Arca Capital Bohemia a.s. to pay the costs.

(1) OJ C 347, 16.10.2017.
Official Journal of the European Union

Judgment of the General Court of 7 December 2018 — Edison v EUIPO (EDISON)

(Case T-471/17) (1)

((EU trade mark - EU figurative mark EDISON - Partial surrender - Article 50 of Regulation (EC) No 207/2009 (now Article 57 of Regulation (EU) 2017/1001) - Interpretation of terms contained in a class heading of the Nice Classification and the goods appearing on the accompanying alphabetic list))

(2019/C 72/38)

Language of the case: Italian

Parties

Applicant: Edison SpA (Milan, Italy) (represented by: F. Boscariol de Roberto, D. Martucci and I. Gatto, lawyers)

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

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 28 April 2017 (Case R 1355/2016-5) concerning the EU figurative mark EDISON.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Edison SpA to pay the costs.

(1) OJ C 309, 18.9.2017.
Official Journal of the European Union

Judgment of the General Court of 14 December 2018 — Dermatest v EUIPO (ORIGINAL excellent dermatest 5-star-guarantee.de CLINICALLY TESTED)

(Case T-802/17) (1)

((EU trade mark - Application for EU figurative mark ORIGINAL excellent dermatest 5-star-guarantee.de CLINICALLY TESTED - Absolute grounds for refusal - Descriptive character - No distinctive character - No distinctive character acquired through use - Article 7(1)(b) and (c) and 7(3) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) and 7(3) of Regulation (EU) 2017/1001)))

(2019/C 93/71)

Language of the case: German

Parties

Applicant: Dermatest Gesellschaft für allergologische Forschung u. Vertrieb von Körperpflegemitteln mbH (Münster, Germany) (represented by: J. Bühling and D. Graetsch, lawyers)

Defendant: European Union Intellectual Property Office (represented by: D. Hanf and D. Walicka, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 25 September 2017 (Case R 525/2017-4), relating to an application for registration of the figurative sign ORIGINAL excellent dermatest 5-star-guarantee.de CLINICALLY TESTED as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Dermatest Gesellschaft für allergologische Forschung u. Vertrieb von Körperpflegemitteln mbH to pay the costs.

(1) OJ C 42, 5.2.2018.
Judgment of the General Court of 14 December 2018 — Torné v Commission

(Case T-128/17) (1)

((Civil service - Officials - 2014 reform of the Staff Regulations - Leave on personal grounds - Engagement at the same time as a member of the temporary staff - Transitional measures relating to certain details in the calculation of pension rights - Request for an advance ruling - Act having an adverse effect - Purpose of the transitional measures - Application ratione personae - Entry into service))

(2019/C 93/61)

Language of the case: French

Parties

Applicant: Isabel Torné (Algés, Portugal) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission (represented by: initially G. Berscheid and A.C. Simon, subsequently G. Berscheid and L. Radu Bouyon, and lastly G. Berscheid and B. Mongin, acting as Agents)

Interveners in support of the applicant: Agency for the Cooperation of Energy Regulators (represented by: initially S. Manessi, and subsequently P. Martinet, acting as Agents, assisted by S. Orlandi and T. Martin, lawyers); European Border and Coast Guard Agency (represented by: H. Caniard and S. Drew, acting as Agents, assisted by S. Orlandi and T. Martin, lawyers); European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (represented by: M. Chiodi, acting as Agent, assisted by D. Waelbroeck and A. Duron, lawyer); European Maritime Safety Agency (represented by: S. Dunlop, acting as Agent, assisted by S. Orlandi and T. Martin, lawyers); European Banking Authority (represented by: S. Giordano and J. Overett Somnier, acting as Agents); European Securities and Markets Authority (represented by: A. Lorenzet and N. Vasse, acting as Agents, assisted by S. Orlandi and T. Martin, lawyers); and European Asylum Support Office (represented by: initially W. Stevens, and subsequently M. Vitsa, acting as Agents, assisted by A. Duron, lawyer)

Re:

Application based on Article 270 TFEU seeking annulment of the Commission’s decision rejecting the applicant’s request of 16 December 2015 for an advance ruling setting the date of her entry into service within the meaning of the transitional provisions of Annex XIII to the Staff Regulations of Officials of the European Union regarding certain methods for calculating pension rights.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Commission of 16 April 2016, confirmed by the note of the Office for ‘Administration and Payment of Individual Entitlements’ (PMO) of 29 April 2016;

2. Orders the Commission to bear its own costs and to pay those incurred by Ms Isabel Torné;

3. Orders the Agency for the Cooperation of Energy Regulators (ACER), the European Border and Coast Guard Agency (Frontex), the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA), the European Maritime Safety Agency (EMSA), the European Banking Authority (EBA), the European Securities and Markets Authority (ESMA) and the European Asylum Support Office (EASO) to bear their own respective costs.

(1) OJ C 129, 24.4.2017.