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

Order of the General Court of 20 August 2021 — PepsiCo v EUIPO (Smartfood)

(Case T-224/21) (1)

(EU trade mark - Withdrawal of the application for registration - No need to adjudicate)

(2021/C 462/53)

Language of the case: English

Parties

Applicant: PepsiCo, Inc. (Raleigh, North Carolina, United States) (represented by: V. von Bomhard and J. Fuhrmann, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 12 February 2021 (Case R 1947/2020-4) concerning the application for registration of the figurative mark in colour Smartfood.

Operative part of the order

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

2. PepsiCo, Inc. shall pay the costs.

(1) OJ C 228, 14.6.2021.
Official Journal of the European Union

Order of the President of the General Court of 8 December 2021 — D’Amato and Others v Parliament

(Case T-722/21 R)

(Application for interim measures - Members of Parliament - Conditions of access to the Parliament’s buildings at its three places of work in connection with the health crisis - Application for suspension of operation of a measure - No urgency)

(2022/C 95/52)

Language of the case: French

Parties

Applicants: Rosa D’Amato (Taranto, Italy), Claude Gruffat (Mulsans, France), Damien Carême (Argenteuil, France), Benoît Biteau (Sablonceaux, France) (represented by: P. de Bandt, M. Gherghinaru and L. Panepinto, lawyers)

Defendant: European Parliament (represented by: S. Alves and A.-M. Dumbrăvan, acting as Agents)

Re:

Application under Articles 278 and 279 TFEU for the suspension of operation of the decision of the Bureau of the European Parliament of 27 October 2021 on the exceptional health and safety rules governing access to the Parliament’s buildings at its three places of work.

Operative part of the order

1. The application for interim measures is dismissed.

2. The order of 15 November 2021, D’Amato and Others v Parliament (T-722/21 R), is set aside.
Official Journal of the European Union

Order of the Vice-President of the General Court of 26 November 2021 — Puigdemont i Casamajó and Others v Parliament

(Case T-272/21 R II)

(Interim measures - Institutional law - Member of Parliament - Privileges and immunities - Waiver of the parliamentary immunity of a Member of the Parliament - Application for suspension of operation - No urgency)

(2022/C 37/45)

Language of the case: English

Parties

Applicants: Carles Puigdemont i Casamajó (Waterloo, Belgium), Antoni Comín i Oliveres (Waterloo), Clara Ponsatí i Obiols (Waterloo) (represented by: P. Bekaert, G. Boye, J. Costa i Rosselló and S. Bekaert, lawyers)

Defendant: European Parliament (represented by: N. Lorenz, N. Görlitz and J.-C. Puffer, acting as Agents)

Intervener in support of the defendant: Kingdom of Spain (represented by: S. Centeno Huerta, acting as Agent)

Re:

Application under Articles 278 and 279 TFEU for the suspension of operation of decisions P9_TA(2021)0059, P9_TA(2021)0060 and P9_TA(2021)0061 of the Parliament of 9 March 2021 on the request for waiver of the applicants’ immunity.

Operative part of the order

1. The application for interim measures is dismissed.
Official Journal of the European Union

Order of the General Court of 21 February 2022 — Carlings v EUIPO — Margarete Steiff (STUHF)

(Case T-635/21) (1)

(EU trade mark - Opposition proceedings - Withdrawal of the opposition - No need to adjudicate)

(2022/C 171/54)

Language of the case: German

Parties

Applicant: Carlings AS (Billingstad, Norway) (represented by: V. Töbelmann and J. Haesemann, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Margarete Steiff GmbH (Giengen/Brenz, Germany) (represented by: U. Hildebrandt, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 14 July 2021 (Case R 2024/2020-1), relating to opposition proceedings between Margarete Steiff and Carlings.

Operative part of the order

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

2. Carlings AS and Margarete Steiff GmbH shall bear their own costs and shall each pay half of the costs incurred by the European Union Intellectual Property Office (EUIPO).

(1) OJ C 471, 22.11.2021.
Order of the General Court of 14 December 2021 — McCord v Commission

(Cases T-161/21 and T-161/21 AJ I) (1)

(Action for annulment - Action for failure to act - Draft Commission regulation making the exportation of certain products outside the European Union subject to the production of an export authorisation - Commission proposal to make the exportation of COVID-19 vaccines to Northern Ireland subject to the production of an export authorisation pursuant to Article 16 of the Protocol on Ireland/Northern Ireland to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community - Absence of a published policy of the circumstances in which the European Union will trigger Article 16 of that protocol - Manifest inadmissibility in part - Action in part manifestly lacking any foundation in law)

(2022/C 119/63)

Language of the case: English

Parties

Applicant: Raymond Irvine McCord (Belfast, United Kingdom of Great Britain and Northern Ireland) (represented by: C. O’Hare, Solicitor)

Defendant: European Commission (represented by: H. Krämer and F. Ronkes Agerbeek, acting as Agents)

Re:

Application, first, under Article 263 TFEU for annulment of the draft Commission regulation of 29 January 2021 intended, inter alia, to make the exportation of COVID-19 vaccines to Northern Ireland subject to the production of an export authorisation pursuant to Article 16 of the Protocol on Ireland/Northern Ireland to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (OJ 2020 L 29, p. 7), and of the Commission’s decision not to have published a policy on the circumstances in which it will trigger Article 16 of that protocol and, secondly, application under Article 265 TFEU for a declaration that the Commission unlawfully failed to adopt and publish such a policy.

Operative part of the order

1. The action is dismissed as manifestly inadmissible and manifestly lacking any foundation in law.

2. The application for legal aid is dismissed.

3. Mr Raymond Irvine McCord shall pay the costs.

(1) OJ C 252, 28.6.2021.
Official Journal of the European Union

Order of the General Court of 23 March 2022 — Bambu Sales v EUIPO (BAMBU)

(Case T-342/21) (1)

(EU trade mark - Revocation of the contested decision - Action which has become devoid of purpose - No need to adjudicate)

(2022/C 222/49)

Language of the case: English

Parties

Applicant: Bambu Sales, Inc. (Secaucus, New Jersey, United States) (represented by: T. Stein, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 20 April 2021 (Case R 1702/2020 1), concerning an application for registration of the word sign BAMBU as an EU trade mark.

Operative part of the order

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

2. The European Union Intellectual Property Office (EUIPO) shall bear its own costs and pay those incurred by Bambu Sales, Inc.

(1) OJ C 329, 16.8.2021.
Official Journal of the European Union

Order of the General Court of 17 March 2022 — Alcogroup and Alcodis v Commission

(Case T-740/21) (1)

(2022/C 198/94)

Language of the case: French

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

(1) OJ C 24, 17.1.2022.
Order of the President of the General Court of 25 April 2022 — HB v Commission

(Case T-408/21 R)

(Interim relief - Public service contracts - Irregularities in the contract award procedure - Recovery of sums unduly paid - Enforceable decision - Application for interim measures - Urgency - Prima facie case - Weighing up of the interests)

(2022/C 276/15)

Language of the case: French

Parties

Applicant: HB (represented by: L. Levi, lawyer)

Defendant: European Commission (represented by: B. Araujo Arce, J. Estrada de Solà and J. Baquero Cruz, acting as Agents)

Re:

By its application based on Articles 278 and 279 TFEU, the applicant seeks: (i) the suspension of the operation of Commission Decision C(2021) 3339 final of 5 May 2021 relating to the recovery of a debt in the amount of EUR 4 241 507,00 payable by the applicant under the contract with reference TACIS/2006/101-510, and Commission Decision C(2021) 3340 final of 5 May 2021 relating to the recovery of a debt in the amount of EUR 1 197 055,86 payable by the applicant under the contract with reference CARDS/2008/166-429; (ii) an injunction preventing the European Commission from recovering the amounts in those decisions; and (iii) an order requiring the Commission to pay symbolic damages of EUR 1.

Operative part of the order

1. The operation of Decision C(2021) 3339 final, relating to the recovery of a debt in the amount of EUR 4 241 507,00 payable by HB under the contract with reference TACIS/2006/101-510, and Commission Decision C(2021) 3340 final of 5 May 2021 relating to the recovery of a debt in the amount of EUR 1 197 055,86 payable by the applicant under the contract with reference CARDS/2008/166-429, is suspended.
Official Journal of the European Union

Order of the General Court of 18 March 2022 — Hewlett Packard Enterprise Development v EUIPO — Aruba (ARUBA)

(Case T-343/21) (1)

(European Union trade mark - Invalidity proceedings - Withdrawal of the application for a declaration of invalidity - No need to adjudicate)

(2022/C 237/68)

Language of the case: English

Parties

Applicant: Hewlett Packard Enterprise Development LP (Houston, Texas, United States) (represented by: P. Roncaglia and N. Parrotta, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Aruba SpA (Ponte San Pietro, Italy) (represented by: N. Scardaccione, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 25 March 2021 (Case R 259/2020-5), relating to invalidity proceedings between Aruba and Hewlett Packard Enterprise Development.

Operative part of the order

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

2. Hewlett Packard Enterprise Development LP and Aruba SpA shall bear their own costs and shall each pay half of those incurred by the European Union Intellectual Property Office (EUIPO).

(1) OJ C 329, 16.8.2021.
Order of the General Court of 29 April 2022 — Abenante and Others v Parliament and Council

(Case T-527/21) (1)

(Action for annulment - Regulation (EU) 2021/953 - EU Digital COVID Certificate - Freedom of movement for persons - Restrictions - No legal interest in bringing proceedings - No direct concern - No individual concern - Inadmissibility)

(2022/C 284/48)

Language of the case: Italian

Parties

Applicant: Stefania Abenante (Ferrare, Italy) and the 423 other applicants whose names are set out in the annex to the order (represented by: M. Sandri, lawyer)

Defendants: European Parliament (represented by: L. Visaggio, P. López-Carceller and J. Rodrigues, acting as Agents), Council of the European Union (represented by: M. Moore and S. Scarpa Ferraglio, acting as Agents)

Re:

By their action based on Article 263 TFEU, the applicants are seeking annulment of Regulation (EU) 2021/953 of the European Parliament and of the Council of 14 June 2021 on a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement during the COVID-19 pandemic (OJ 2021 L 211, p. 1).

Operative part of the order

1. The action is dismissed as inadmissible.

2. There is no longer any need to adjudicate on the European Commission’s application to intervene.

3. Ms Stefania Abenante and the other applicants whose names are set out in the annex shall bear their own costs and pay those incurred by the European Parliament and the Council of the European Union, including those relating to the interlocutory proceedings before the Court.

4. The Commission shall bear its own costs relating to the application to intervene.

(1) OJ C 422, 18.10.2021.
Order of the General Court of 20 May 2022 — VP v Cedefop

(Case T-534/21) (1)

(Action for annulment and for damages - Civil service - Temporary staff - Request for renewal of a contract for an indefinite period - Decision not to renew - Action for annulment and for damages - Actionable measure - Manifest inadmissibility)

(2022/C 284/49)

Language of the case: English

Parties

Applicant: VP (represented by: L. Levi, lawyer)

Defendant: European Centre for the Development of Vocational Training (Cedefop) (represented by: A. Guillerme, T. Bontinck, L. Burguin and T. Payan, lawyers)

Re:

By her action based on Article 270 TFEU, the applicant, VP, seeks, first, annulment of the decision of the European Centre for the Development of Vocational Training (Cedefop) of 2 March 2021 and, secondly, compensation for the damage which she claims to have suffered as a result of that decision.

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. VP shall bear her own costs as well as the costs incurred by European Centre for the Development of Vocational Training (Cedefop), including the costs of the proceedings for interim measures.

(1) OJ C 431, 25.10.2021.
Official Journal of the European Union

Order of the General Court of 8 September 2022 — Automobiles Citroën v EUIPO Polestar (Device of two inverted chevrons)

(Case T-608/21) (1)

(2022/C 408/59)

Language of the case: English

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

(1) OJ C 471, 22.11.2021.
Official Journal of the European Union

Order of the General Court of 14 July 2022 — IN.PRO.DI v EUIPO — Aiello (CAPRI)

(Case T-203/21) (1)

(EU trade mark - Revocation of the contested decision - Action which has become devoid of purpose - No need to adjudicate)

(2022/C 340/57)

Language of the case: Italian

Parties

Applicant: IN.PRO.DI — Inghirami produzione distribuzione SpA (Milan, Italy) (represented by: V. Piccarreta, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Antonino Aiello (Naples, Italy) (represented by: L. Manna, lawyer)

Re:

By its action under 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 3 February 2021 (Case R 49/2020-1).

Operative part of the order

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

2. The European Union Intellectual Property Office (EUIPO) shall pay the costs.

(1) OJ C 217, 7.6.2021.
Official Journal of the European Union

Order of the General Court of 14 December 2022 — KPMG Advisory v Commission

(Case T-614/21) (1)

(2023/C 45/62)

Language of the case: Italian

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

(1) OJ C 481, 29.11.2021.
Order of the General Court of 20 October 2022 — Callaway v Commission

(Case T-653/21) (1)

(Action for annulment - Common agricultural policy - Common catalogue of varieties of agricultural plant species - Plant varieties - Producer of the hemp variety Finola - Areas cultivated in Poland - Hemp varieties eligible for financial support under the common agricultural policy - Tetrahydrocannabinol (THC) content - Authorisation given to Poland to prohibit the marketing of the Finola variety in its territory - Not directly concerned - Inadmissibility)

(2022/C 463/67)

Language of the case: English

Parties

Applicant: James C. Callaway (Kuopio, Finland) (represented by: P. Hoffman, lawyer)

Defendant: European Commission (represented by: A. Becker and F. Castilla Contreras, acting as Agents)

Re:

By his action under Article 263 TFEU, the applicant, James C. Callaway, seeks the annulment of Commission Implementing Decision (EU) 2021/1214 of 22 July 2021 authorising Poland to prohibit the marketing on its territory of the hemp variety Finola pursuant to Council Directive 2002/53/EC (OJ 2021 L 265, p. 1) (‘the contested decision’). He also raises, under Article 277 TFEU, pleas of illegality in respect of Article 32(6) of Regulation No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes falling within the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ 2013 L 347, p. 608), as well as Article 9(5) of Commission Delegated Regulation (EU) No 639/2014 of 11 March 2014 supplementing Regulation No 1307/2013 and amending Annex X to that Regulation (OJ 2014 L 181, p. 1).

Operative part of the order

1. The action is dismissed as inadmissible.

2. There is no need to adjudicate on the applications for leave to intervene of the Council of the European Union, the European Parliament and the Republic of Poland.

3. James C. Callaway shall bear his own costs and pay those incurred by the European Commission.

4. The Council, the Parliament and the Republic of Poland shall bear their own costs in relation to the applications for leave to intervene.

(1) OJ C 24, 17.1.2022.
Official Journal of the European Union

Order of the President of the General Court of 4 July 2022 — Lacapelle v Parliament

(Case T-240/22 R)

(Interim relief - Law governing the Institutions - Member of Parliament - Exclusion from participation in election observation delegations of the Parliament - Application for suspension of operation of a measure - Lack of urgency)

(2022/C 318/52)

Language of the case: French

Parties

Applicant: Jean-Lin Lacapelle (Paris, France) (represented by: F.-P. Vos, lawyer)

Defendant: European Parliament (represented by: N. Görlitz and T. Lukácsi, acting as Agents)

Re:

By his application based on Articles 278 and 279 TFEU, the applicant seeks suspension of the operation of Decision D-301937 of the Co-Chairs of the Democracy Support and Election Coordination Group of 3 March 2022, which excluded him from participation in the election observation delegations of the European Parliament until the end of his term of office as a Member of Parliament (2019-2024).

Operative part of the order

1. The application for interim relief is dismissed.
Order of the President of the General Court of 18 May 2022 — OG and Others v Commission

(Case T-101/22 R)

(Interim Relief - Regulation (EU) 2021/953 - Delegated Regulation (EU) 2021/2288 - EU Digital COVID certificate - Application for suspension of operation of a measure - No urgency)

(2022/C 266/37)

Language of the case: Spanish

Parties

Applicants: OG, OH, OI, OJ (represented by: D. Gómez Fernández, lawyer)

Defendant: European Commission (represented by: E. Montaguti and J. Baquero Cruz,

Re:

By their application under Articles 278 and 279 TFEU, the applicants request suspension of the operation of Commission Delegated Regulation (EU) 2021/2288 of 21 December 2021 amending the Annex to Regulation (EU) 2021/953 of the European Parliament and of the Council as regards the acceptance period of vaccination certificates issued in the EU Digital COVID Certificate format indicating the completion of the primary vaccination series (OJ 2021 L 458, p. 459).

Operative part of the order

1. The application for interim measures is dismissed.
Order of the General Court of 7 September 2022 — Prigozhin v Council

(Case T-75/22) (1)

(Action for annulment - Common foreign and security policy - Restrictive measures taken against serious human rights violations and abuses - Grounds of the decisions mentioning the applicant’s name as the financier of the Wagner Group - Assessments made in the grounds of the decisions - Acts not open to appeal - Inadmissibility)

(2022/C 418/49)

Language of the case: French

Parties

Applicant: Yevgeniy Viktorovich Prigozhin (Saint Petersburg, Russia) (represented by: Mr Cessieux, lawyer)

Defendant: Council of the European Union (represented by: M.-C. Cadilhac and V. Piessevaux, acting as Agents)

Re:

By its action based on Article 263 TFEU, the applicant seeks the annulment of Council Decision (CFSP) 2021/2197 of 13 December 2021 amending Decision (CFSP) 2020/1999 concerning restrictive measures against serious human rights violations and abuses (OJ 2021 L 445 I, p. 17), and Council Implementing Regulation (EU) 2021/2195 of 13 December 2021 implementing Regulation (EU) 2020/1998 concerning restrictive measures against serious human rights violations and abuses (OJ 2021 L 445 I, p. 10), in so far as those two decisions name him as the financier of the Wagner Group.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Yevgeniy Viktorovich Prigozhin shall bear his own costs and pay those incurred by the Council of the European Union.

(1) OJ C 148, 4.4.2022.
Official Journal of the European Union

Order of the General Court of 22 July 2022 — CiviBank v ECB

(Case T-220/22) (1)

(2022/C 359/119)

Language of the case: Italian

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

(1) OJ C 237, 20.6.2022.
Official Journal of the European Union

Order of the General Court of 8 November 2022 — Growth Finance Plus v EUIPO (doglover)

(Case T-231/22) (1)

(EU trade mark - Application for EU word mark doglover - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Action manifestly lacking any foundation in law)

(2023/C 24/55)

Language of the case: German

Parties

Applicant: Growth Finance Plus AG (Gommiswald, Switzerland) (represented by: H. Twelmeier, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Ringelhann and T. Klee, acting as Agents)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 14 February 2022 (Case R 720/2020-5).

Operative part of the order

1. The action is dismissed.

2. Growth Finance Plus AG shall pay the costs.

(1) OJ C 237, 20.6.2022.
Order of the General Court of 30 September 2022 — Rivière v ID

(Case T-54/22) (1)

(Law governing the institutions - Member of the European Parliament - Suspension and exclusion of a Member from his or her political group - Applicant who has ceased to reply to the Court’s requests - No need to adjudicate)

(2022/C 463/73)

Language of the case: French

Parties

Applicant: Jérôme Rivière (Paris, France) (represented by: B. Kuchukian, lawyer)

Defendant: Identity and Democracy political group (ID) (represented by: J. Bosquet, lawyer)

Re:

By his action under Article 263 TFEU, the applicant seeks annulment of the decisions of the Bureau of the European Parliament’s ‘Identity and Democracy’ political group (ID) of 21 and 25 January 2022 by which he was suspended and then excluded from that group.

Operative part of the order

1. There is no longer any need to adjudicate on the action in so far as it is directed against the ‘Identity and Democracy’ political group (ID).

2. The applicant shall pay the costs, with the exception of those on which the Court has previously ruled in the order of 14 July 2022, Rivière v Parliament and ID (T-54/22, not published, EU:T:2022:472).

(1) OJ C 158, 11.4.2022.