ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 231/25

Order of the General Court of 17 May 2017 — Cuallado Martorell v Commission

(Case T-481/16 RENV) (1)

((Civil service - Recruitment - Open competition - Non-admission to the oral tests - Assessment of the written test - Decision not to include the applicant’s name on the reserve list - Possibility for a selection board to entrust the marking of the written tests to one of its members - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law))

(2017/C 231/31)

Language of the case: Spanish

Parties

Applicant: Eva Cuallado Martorell (Valencia, Spain) (represented by: C.M. Pinto Cañón, lawyer)

Defendant: European Commission (represented by: J. Baquero Cruz and G. Gattinara, acting as Agents)

Re:

Application based on Article 270 TFEU and seeking annulment of the decision of the selection board in Competition EPSO/AD/130/08, organised by the European Personnel Selection Office (EPSO), not to admit the applicant to take part in the oral tests and not to include her on the reserve list.

Operative part of the order

1. The action is dismissed as being manifestly inadmissible in so far as it is directed against the decision of EPSO made on 14 September 2009 regarding the issue of the applicant’s admission to the oral tests in question.

2. The action is dismissed as manifestly lacking any foundation in law in so far as it is directed against the decision of EPSO made on 23 July 2009 maintaining the eliminatory mark of 18/40 in final written test (c) and refusing to admit Ms Cuallado Martorell to the oral stage of the competition.

3. Ms Cuallado Martorell and the European Commission shall bear their own respective costs in relation to the appeal proceedings before the General Court.

4. Ms Cuallado Martorell shall pay the costs relating to the proceedings referred back to the Civil Service Tribunal and before the General Court.

(1) OJ C 148, 5.6.2010 (case initially registered with the European Union Civil Service Tribunal as Case F-96/09, subsequently referred back to the Civil Service Tribunal, following an appeal, as Case F-96/09 RENV, and transferred to the General Court of the European Union on 1 September 2016).
EN Official Journal of the European Union C 202/18

Order of the General Court of 1 March 2017 — Ikos v EUIPO (AEGYPTISCHE ERDE)

(Case T-76/16) (1)

((European Union trade mark - Application for EU word mark AEGYPTISCHE ERDE - Absolute ground for refusal - Descriptive character - Rejection of the application - Article 7(1)(c) of Regulation (EC) No 207/2009 - Action in part manifestly inadmissible and in part manifestly unfounded in law))

(2017/C 202/32)

Language of the case: German

Parties

Applicant: Ikos GmbH (Lörrach, Germany) (represented by: A. Masberg, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 7 December 2015 (Case R 1257/2015-1) concerning an application for registration of word sign AEGYPTISCHE ERDE as an EU trade mark.

Operative part of the order

1. The action is dismissed.

2. Ikos GmbH shall pay the costs.

(1) OJ C 118, 4.4.2016.
EN Official Journal of the European Union C 269/22

Order of the General Court of 22 June 2017 — Vankerckhoven-Kahmann v Commission

(Case T-582/16) (1)

((Civil service - Officials - Career reconstruction - Refusal to promote - Inter-institutional transfer - Classification in grade - Request within the meaning of Article 90(1) of the Staff Regulations - Reasonable period - Inadmissible))

(2017/C 269/32)

Language of the case: French

Parties

Applicant: Monique Vankerckhoven-Kahmann (Enghien, Belgium) (represented by: N. Lhoëst, lawyer)

Defendant: European Commission (represented initially by G. Berscheid and C. Berardis-Kayser and subsequently by G. Berscheid and L. Radu Bouyon, acting as Agents)

Re:

Action brought under Article 270 TFEU, seeking annulment, first, of the Commission’s decision of 17 April 2015 refusing to re-grade the applicant on her transfer and, secondly, of the Commission’s decision of 9 November 2015 rejecting her complaint lodged on 17 July 2015.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Monique Vankerckhoven-Kahmann is ordered to bear her own costs and to pay those incurred by the European Commission.

(1) OJ C 145, 25.4.2016 (case initially registered before the European Union Civil Service Tribunal under number F-11/15 and transferred to the General Court of the European Union on 1.9.2016).
EN Official Journal of the European Union C 256/28

Order of the General Court of 1 June 2017 — Camerin v Parliament

(Case T-647/16) (1)

((Civil service - Officials - Secondment in the interests of the service - Retirement age - Request for an extension of the secondment - Rejection of the request - Measure not open to challenge - Preparatory act - Inadmissibility))

(2017/C 256/33)

Language of the case: French

Parties

Applicant: Laure Camerin (Etterbeek, Belgium) (represented by: M. Casado García-Hirschfeld, lawyer)

Defendant: European Parliament (represented by: S. Alves and M. Ecker, Agents)

Subject matter

Application based on Article 270 TFEU seeking annulment of the decision of the Secretary General of the Group of the Progressive Alliance of Socialists and Democrats in the Parliament of 1 December 2015 rejecting the request for an extension of the applicant’s secondment beyond 31 December 2015 and seeking annulment of the decision of the President of the Group of 15 June 2016 rejecting her appeal against that earlier decision.

Operative part of the order

1. The action is dismissed as inadmissible.

2. Ms Laure Camerin shall pay the costs.

(1) OJ C 410, 7.11.2016.
EN Official Journal of the European Union C 338/14

Order of the President of the General Court of 25 August 2017 — Sigma Orionis v REA

(Case T-47/16 R)

((Application for interim measures - Arbitration clause - Horizon 2020 Framework Program for Research and Innovation - Decision to suspend payments and terminate grant contracts following a financial audit - Amounts allegedly due by the REA in the context of the implementation of the grant contracts - Claim for damages - Application for suspension of operation of a measure - Lack of urgency - Balancing of interests))

(2017/C 338/13)

Language of the case: French

Parties

Applicant: Sigma Orionis SA (Valbonne, France) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: Research Executive Agency (REA) (represented by: S. Payan-Lagrou and V. Canetti, acting as Agents, and by D. Waelbroeck and A. Duron, lawyers)

Re:

Application based on Articles 278 and 279 TFEU and asking for immediate payment by the REA of a sum under the ‘FET-Event’ grant agreement.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 283/56

Order of the General Court of 12 July 2017 — The Regents of the University of California v CPVO — Nador Cott Protection and CVVP (Tang Gold)

(Case T-405/16) (1)

(2017/C 283/88)

Language of the case: Spanish

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

(1) OJ C 14, 16.1.2017.
EN Official Journal of the European Union C 424/37

Order of the General Court of 17 October 2017 — Andreassons Åkeri and Others v Commission

(Case T-746/16) (1)

((Action for annulment - Social security - Commission decision to close an EU Pilot procedure - Decision to take no further action on a complaint - Refusal of the Commission to bring infringement proceedings - Act not open to challenge - Lack of direct concern - Manifest inadmissibility - Application seeking the issue of an injunction - Manifest lack of jurisdiction))

(2017/C 424/53)

Language of the case: Swedish

Parties

Applicants: Andreassons Åkeri i Veddige AB (Veddige, Sweden), Luke Transport AB (Laholm, Sweden), Zimit Transportförmedling AB (Veddige) (represented by: C. von Quitzow, Professor)

Defendant: European Commission (represented by: D. Martin and K. Simonsson, acting as Agents)

Re:

Action pursuant to Article 263 TFEU seeking annulment of the Commission decision contained in the letter of 10 August 2016 concerning the outcome of EU Pilot Procedure 7504/15/EMPL.

Operative part of the order

1. The action is dismissed.

2. Andreassons Åkeri i Veddige AB, Luke Transport AB and Zimit Transportförmedling AB shall pay the costs.

(1) OJ C 38, 6.2.2017.
EN Official Journal of the European Union C 392/30

Order of the General Court of 20 September 2017 — Berliner Stadtwerke v EUIPO (berlinGas)

(Case T-402/16) (1)

((EU trade mark - Application for EU word mark berlinGas - Absolute ground for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Action manifestly unfounded in law))

(2017/C 392/38)

Language of the case: German

Parties

Applicant: Berliner Stadtwerke GmbH (Berlin, Germany) (represented by: O. Spieker, A. Schönfleisch and M. Alber, lawyers)

Defendant: European Union Intellectual Property Office (represented by: R. Manea and D. Hanf, agents)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 12 May 2016 (Case R 291/2016-1), relating to the application for registration of the word sign berlinGas as an EU trade mark.

Operative part of the order

1. The action is dismissed.

2. Berliner Stadtwerke GmbH is ordered to pay the costs.

(1) OJ C 335, 12.9.2016.
EN Official Journal of the European Union C 94/36

Order of the General Court of 18 January 2018 — Iame v EUIPO — Industrie Aeronautiche Reggiane (Parilla)

(Case T-642/16) (1)

(2018/C 094/48)

Language of the case: Italian

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

(1) OJ C 392, 24.10.2016.
EN Official Journal of the European Union C 42/25

Order of the General Court of 27 November 2017 — HeidelbergCement v Commission

(Case T-902/16) (1)

((Actions for annulment - Competition - Concentrations - Grey cement market in Croatia - Decision to initiate the in-depth examination phase pursuant to Article 6(1)(c) of Regulation (EC) No 139/2004 - Act not amenable to review - Preparatory act - Inadmissibility))

(2018/C 042/37)

Language of the case: English

Parties

Applicant: HeidelbergCement AG (Heidelberg, Germany) (represented by: U. Denzel, C. von Köckritz, P. Pichler and H. Weiß, lawyers)

Defendant: European Commission (represented by: A. Dawes, H. Leupold and T. Vecchi, acting as Agents)

Re:

Action under Article 263 TFEU for the annulment of Commission Decision C(2016) 6591 final of 10 October 2016 to initiate the in-depth examination phase, pursuant to Article 6(1)(c) of Council Regulation (EC) No 139/2004, aimed at assessing the compatibility with the internal market of the acquisition of the control of Cemex Hungária Építőanyagok Kft. and Cemex Hrvatska d.d. by HeidelbergCement and Schwenk Zement KG through Duna-Dráva Cement Kft.

Operative part of the order

1. The action is dismissed as inadmissible;

2. HeidelbergCement AG is ordered to bear its own costs and to pay those incurred by the European Commission.

(1) OJ C 53, 20.2.2017.
Case T-901/16 R: Order of the President of the General Court of 15 May 2018 — Elche Club de Fútbol v Commission (Application for interim measures — State aid — Aid granted by Spain to certain professional football clubs — Public guarantee provided by a public entity — Decision declaring the aid incompatible with the internal market — Application for suspension of operation of a measure — Prima facie case — Urgency — Balancing of interests)

Order of the President of the General Court of 15 May 2018 — Elche Club de Fútbol v Commission

(Case T-901/16 R)

‛(Application for interim measures — State aid — Aid granted by Spain to certain professional football clubs — Public guarantee provided by a public entity — Decision declaring the aid incompatible with the internal market — Application for suspension of operation of a measure — Prima facie case — Urgency — Balancing of interests)’

Parties

Applicant: Elche Club de Fútbol, SAD (Elche, Spain) (represented by: M. Segura Catalán and M. Clayton, lawyers)

Defendant: European Commission (represented by: B. Stromsky, G. Luengo and P. Němečková, acting as Agents)

Intervener in support of the applicant: Kingdom of Spain (represented by: A. Gavela Llopis, acting as Agent)

Re:

Application based on Articles 278 and 279 TFEU seeking the suspension of operation of Commission Decision (EU) 2017/365 of 4 July 2016 on State aid SA.36387 (2013/C) (ex 2013/NN) (ex 2013/CP) granted by Spain to Valencia Club de Fútbol, SAD, Hércules Club de Fútbol, SAD and Elche Club de Fútbol (OJ 2017 L 55, p. 12).

Operative part of the order

1. The operation of Commission Decision (EU) 2017/365 of 4 July 2016 on State aid SA.36387 (2013/C) (ex 2013/NN) (ex 2013/CP) granted by Spain to Valencia Club de Fútbol, SAD, Hércules Club de Fútbol, SAD and Elche Club de Fútbol (OJ 2017 L 55, p. 12) is suspended in respect of the recovery of aid from Elche Club de Fútbol, identified as Measure 3 in Article 1 of that decision.

2. The application for interim measures is dismissed as to the remainder.

3. The order of 6 March 2017, Elche Club de Fútbol v Commission (T-901/16 R) is revoked.
EN Official Journal of the European Union C 152/59

Order of the General Court of 6 March 2018 — CFA Institute v EUIPO — Bloss and Others (CERTIFIED FINANCIAL ENGINEER CFE)

(Case T-155/16) (1)

(2018/C 152/70)

Language of the case: English

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

(1) OJ C 211, 13.6.2016.
Order of the Vice-President of the General Court of 15 February 2019 — Aresu v Commission

(Case T-524/16 R)

(Interim measures - Civil Service - Officials - Reform of the Staff Regulations of 1 January 2014 - Reduced number of days of annual leave - Replacement of travelling time by home leave - Application for interim measures - No urgency)

(2019/C 131/52)

Language of the case: French

Parties

Applicant: Antonio Aresu (Brussels, Belgium) (represented by: M. Velardo, lawyer)

Defendant: European Commission (represented by: G. Gattinara and F. Simonetti, agents)

Interveners in support of the defendant: European Parliament (represented by: E. Taneva and M. Ecker, acting as Agents); and Council of the European Union (represented by: M. Bauer and R. Meyer, acting as Agents)

Re:

Application based on Articles 278 and 279 TFEU seeking, first, the suspension of operation of the decision reducing the number of the applicant’s additional leave days from five to two and a half days, on the basis of Article 7 of Annex V to the Staff Regulations of Officials of the European Union, as amended by Regulation (EU, Euratom) No 1023/2013 of the Parliament and of the Council of 22 October 2013 (OJ 2013 L 287, p. 15), and, secondly, the adoption of interim measures to enable the applicant to continue to benefit, on a provisional basis, from the same number of additional leave days that he enjoyed, in the form of travelling time, before 1 January 2014, with retroactive effect from 1 January 2014 until the decision in the main proceedings is delivered or, if prior to the delivery of that decision, until the retirement date of the applicant.

Operative part of the order

1. The application for interim measures is dismissed.
Order of the General Court of 19 November 2018 — Credito Fondiario SpA v SRB

(Case T-661/16) (1)

((Action for annulment - Economic and monetary union - Banking union - Single Resolution Mechanism of credit institutions and certain investment firms (SRM) - Single Resolution Fund (SRF) - Setting of the 2016 ex-ante contribution - Period for bringing an action - Out of time - Plea of illegality - Manifest inadmissibility))

(2019/C 44/73)

Language of the case: Italian

Parties

Applicant: Credito Fondiario SpA (Rome, Italy) (represented by: F. Sciaudone, S. Frazzani, A. Neri and F. Iacovone, lawyers)

Defendant: Single Resolution Board (represented by: B. Meyring, A. Villani and M. Caccialanza, lawyers)

Intervener in support of the applicant: Italian Republic (represented by: G. Palmieri, acting as Agent)

Intervener in support of the defendant: European Commission (represented by: V. Di Bucci, A. Steiblytė and K.-Ph. Wojcik, acting as Agents)

Re:

Application based, first, on Article 263 TFEU seeking annulment of the decision of the SRB in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/06) and of the decision of the SRB in its executive session of 20 May 2016 on the adjustment of the 2016 ex-ante contributions to the Single Resolution Fund, supplementing the decision of the Board of 15 April 2016 (SRB/ES/SRF/2016/13), to the extent that they concern the applicant, and, second, on Article 277 TFEU.

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. Credito Fondiario SpA is ordered to bear its own costs and to pay the costs incurred by the Single Resolution Board (SRB).

3. The European Commission and the Italian Republic shall bear their own costs.

(1) OJ C 402, 31.10.2016.
Official Journal of the European Union

Order of the General Court of 29 November 2021 — Kanellou v Council

(Case T-515/16) (1)

(Civil service - Officials - 2014 Reform of the Staff Regulations - Reimbursement of annual travel expenses and grant of travelling time - Action manifestly lacking any foundation in law)

(2022/C 73/50)

Language of the case: French

Parties

Applicant: Despina Kanellou (Brussels, Belgium) (represented by: S. Pappas, lawyer)

Defendant: Council of the European Union (represented by: M. Bauer and R. Meyer, acting as Agents)

Intervener in support of the defendant: European Parliament (represented by: E. Tavena and M. Ecker, acting as Agents), European Commission (represented by: G. Gattinara and B. Mongin, acting as Agents)

Re:

Application pursuant to Article 270 TFEU seeking, in substance, annulment of the decision no longer to grant the applicant, as of 1 January 2014, reimbursement of annual travel costs so that she may maintain a connection with her place of origin.

Operative part of the order

1. The action is dismissed.

2. Ms Despina Kanellou shall bear her own costs and pay those incurred by the Council of the European Union.

3. The European Commission and the European Parliament shall each bear their own costs.

(1) OJ C 395, 10.11.2014 (case initially registered before the European Union Civil Service Tribunal under case number F-77/14 and transferred to the General Court of the European Union on 1.9.2016).
Official Journal of the European Union

Order of the General Court of 17 December 2019 — repowermap.org v EUIPO — Repower (REPOWER)

(Case T-188/16) (1)

(EU trade mark - Invalidity proceedings - International registration designating the European Union - Work mark REPOWER - Revocation of the contested decision - Action which has become devoid of purpose - No need to adjudicate)

(2020/C 61/46)

Language of the case: French

Parties

Applicant: repowermap.org (Bern, Switzerland) (represented by: P. González-Bueno Catalán de Ocón, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO intervening before the General Court: Repower AG (Brusio, Switzerland) (represented by: R. Kunz-Hallstein and H. P. Kunz-Hallstein, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 8 February 2016 (Case R 2311/2014-5) relating to invalidity proceedings between repowermap.org and Repower.

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) is ordered to pay the costs.

(1) OJ C 222, 20.6.2016.
EN Official Journal of the European Union C 178/26

Order of the President of the General Court of 24 March 2017 — RV v Commission

(Case T-167/17 R)

((Interim measures - Civil Service - Placed on leave and automatically retired - Application for a stay of execution - Not urgent))

(2017/C 178/39)

Language of the case: French

Parties

Applicant: RV (represented by: J.-N. Louis and N. de Montigny, lawyers)

Defendant: European Commission (represented by: G. Berscheid and D. Martin, acting as Agents)

Re:

Application on the basis of Articles 278 TFEU and 279 TFEU seeking a stay of execution of the Commission’s decision of 21 December 2016 placing the applicant on leave in the interests of the service and retiring the applicant automatically with effect from 1 April 2017.

Operative part of the order

1. The application for interim measures is rejected.
EN Official Journal of the European Union C 256/41

Order of the General Court of 8 June 2017 — Post Telecom v EIB

(Case T-158/17) (1)

(2017/C 256/50)

Language of the case: French

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

(1) OJ C 144, 8.5.2017.
EN Official Journal of the European Union C 195/29

Order of the Vice-President of the General Court of 10 April 2017 — Exaa Abwicklungsstelle für Energieprodukte v ACER

(Case T-123/17 R)

((Application for interim measures - Energy - Decision of ACER rejecting an application for leave to intervene in Case A-001-2017 (consolidated) - Application for suspension of operation of a measure - No urgency))

(2017/C 195/41)

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 (ACER) (represented by: P. Martinet and E. Tremmel, acting as Agents)

Re:

Application based on Articles 278 TFEU and 279 TFEU, seeking suspension of the operation of the decision of ACER of 17 February 2017 rejecting the application for leave to intervene lodged by the applicant in Case A-001-2017 (consolidated).

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 392/41

Order of the General Court of 22 September 2017 — Czech Republic v Commission

(Case T-18/17) (1)

(2017/C 392/53)

Language of the case: Czech

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

(1) OJ C 70, 6.3.2017.
EN Official Journal of the European Union C 293/35

Order of the President of the General Court of 21 July 2017 — Polskie Górnictwo Naftowe i Gazownictwo v Commission

(Case T-130/17 R)

((Application for interim measures - Internal market in natural gas - Directive 2009/73/EC - Application by the Bundesnetzagentur for review of the exemption of the OPAL pipeline from the EU requirements for its operation - Commission decision amending the exemption from the EU requirements - Application for a stay of execution of a measure - Lack of any urgency))

(2017/C 293/42)

Language of the case: Polish

Parties

Applicant: Polskie Górnictwo Naftowe i Gazownictwo S.A. (Warsaw, Poland) (represented by: M. Jeżewski, lawyer)

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

Intervener in support of the defendant: Federal Republic of Germany (represented by: T. Henze and R. Kanitz, acting as Agents)

Re:

Request on the basis of Articles 278 TFEU and 279 TFEU seeking a stay of execution of Commission Decision C(2016) 6950 final of 28 October 2016 on review of the exemption of the OPAL pipeline from the requirements on third party access and tariff regulation granted under Directive 2003/55/EC.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 94/36

Order of the General Court of 16 January 2018 — European Dynamics Luxembourg and Evropaïki Dynamiki v Commission

(Case T-281/17) (1)

(2018/C 094/50)

Language of the case: English

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

(1) OJ C 269, 14.8.2017.