ddrg/super_eurlex huggingface dataset:
Judgment of the General Court 15 September 2021 — Numbi v Council

(Case T-109/20) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Restriction on admission to the territory of the Member States - Retention of the applicant’s name on the lists of persons subject to restrictive measures - Obligation to state reasons - Right to be heard - Proof that inclusion and retention on the lists is well founded - Manifest error of assessment - Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures - Right to private and family life - Presumption of innocence - Proportionality - Plea of illegality)

(2021/C 452/35)

Language of the case: French

Parties

Applicant: John Numbi (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, A. Guillerme and T. Payan, lawyers)

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

Re:

Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2019/2109 of 9 December 2019 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2019 L 318, p. 134), and, second, Council Implementing Decision (EU) 2019/2101 of 9 December 2019 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2019 L 318, p. 1) in so far as those acts concern the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr John Numbi to pay the costs.

(1) OJ C 129, 20.4.2020.
Official Journal of the European Union

Judgment of the General Court of 6 October 2021 — Dermavita Company v EUIPO — Allergan Holdings France (JUVÉDERM VOLITE)

(Case T-637/20) (1)

(EU trade mark - Invalidity proceedings - EU word mark JUVÉDERM VOLITE - Late payment of the appeal fee - Inadmissibility of the appeal before the Board of Appeal - Article 101(4) of Regulation (EU) 2017/1001 - Article 106(1)(b) of Regulation 2017/1001 - Restitutio in integrum)

(2021/C 481/40)

Language of the case: English

Parties

Applicant: Dermavita Company S.a.r.l. (Beirut, Lebanon) (represented by: D. Todorov, lawyer)

Defendant: European Union Intellectual Property Office (represented by: E. Markakis and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Allergan Holdings France SAS (Courbevoie, France)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 21 August 2020 (Case R 1015/2020-4), relating to invalidity proceedings between Dermavita Company and Allergan Holdings France.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Dermavita Company S.a.r.l. to pay the costs.

(1) OJ C 443, 21.12.2020.
Official Journal of the European Union

Judgment of the General Court of 29 September 2021 — Kočner v Europol

(Case T-528/20) (1)

(Non-contractual liability - Expert reports carried out by Europol for the purposes of national criminal proceedings - Alleged unauthorised disclosure of data - Regulation (EU) 2016/794 - Article 50(1) - Non-material harm - Causal link)

(2021/C 471/65)

Language of the case: Slovakian

Parties

Applicant: Marián Kočner (Bratislava, Slovakia) (represented by: M. Mandzák and M. Para, lawyers)

Defendant: European Union Agency for Law Enforcement Cooperation (represented by: A. Nunzi, B. De Buck, T. Zwingler and A. van Oostenbrugge, acting as Agents, and by G. Ziegenhorn, M. Kottmann and S. Schulz-Große, lawyers)

Intervener in support of the defendant: Kingdom of Spain (represented by: J. Rodríguez de la Rúa Puig, acting as Agent)

Re:

Application under Article 268 TFEU seeking compensation for damage allegedly suffered by the applicant as a result of Europol’s disclosure of personal data and Europol’s inclusion of his name on the ‘Mafia lists’.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Marián Kočner to bear his own costs and to pay those incurred by the European Union Agency for Law Enforcement Cooperation (Europol);

3. Orders the Kingdom of Spain to bear its own costs.

(1) OJ C 339, 12.10.2020.
Official Journal of the European Union

Judgment of the General Court of 6 October 2021 — Rivière and Others v Parliament

(Case T-88/20) (1)

(Institutional law - European Parliament - Measure adopted by the President of the European Parliament forbidding national flags being placed on the desks of Members of Parliament - Standards of conduct of Members of Parliament - Article 10(3) of the Parliament’s Rules of Procedure - Act not open to challenge - Inadmissibility)

(2021/C 490/38)

Language of the case: French

Parties

Applicants: Jérôme Rivière (Nice, France) and the 10 other applicants whose names appear in the annex to the judgment (represented by: F. Wagner, lawyer)

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

Interveners in support of the applicants: Gunnar Beck (Neuss, Germany), Philippe Olivier (Draveil, France) (represented by: F. Wagner, lawyer)

Re:

Application under Article 263 TFEU seeking the annulment of the measure adopted by the President of the European Parliament on 13 January 2020 forbidding Members of Parliament from displaying the national flag on their desks.

Operative part of the judgment

The Court:

1. Dismisses the action as inadmissible;

2. Orders Mr Jérôme Rivière and the 10 other applicants whose names appear in the annex to bear their own costs and to pay the costs incurred by the European Parliament;

3. Orders Mr Gunnar Beck and Mr Philippe Olivier to bear their own costs.

(1) OJ C 114, 6.4.2020.
Judgment of the General Court of 13 October 2021 — Freundlieb v EUIPO (CRYSTAL)

(Case T-732/20) (1)

(EU trade mark - EU word mark CRYSTAL - Failure to apply for renewal of the trade mark registration - Revocation of the trade mark on expiry of the registration - Application for restitutio in integrum - Article 104 of Regulation (EU) 2017/1001 - Duty of care - No review - Failure to comply with time limits)

(2021/C 490/48)

Language of the case: German

Parties

Applicant: Andreas Freundlieb (Berlin, Germany) (represented by: J. Vogtmeier, lawyer)

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

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 1 October 2020 (Case R 1056/2020-5), relating to an application for restitutio in integrum in relation to the right to apply for renewal of the EU word mark CRYSTAL.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Andreas Freundlieb to bear his own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO).

(1) OJ C 44, 8.2.2021.
Official Journal of the European Union

Judgment of the General Court of 10 November 2021 — Nissan Motor v EUIPO — VDL Groep (VDL E-POWERED)

(Case T-756/20) (1)

(EU trade mark - Opposition proceedings - Application for the EU word mark VDL E-POWERED - Earlier national figurative marks e-POWER - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Obligation to state reasons - Article 94(1) of Regulation 2017/1001)

(2022/C 2/50)

Language of the case: English

Parties

Applicant: Nissan Motor Co. Ltd (Yokohama-shi, Japan) (represented by: P. Martini-Berthon, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: VDL Groep BV (Eindhoven, Netherlands) (represented by: M. Rijks, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 20 October 2020 (Case R 2915/2019-1), relating to opposition proceedings between Nissan Motor and VDL Groep.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Nissan Motor Co. Ltd to bear its own costs and to pay those of the European Union Intellectual Property Office (EUIPO) and of VDL Groep BV.

(1) OJ C 53, 15.2.2021.
Official Journal of the European Union

Judgment of the General Court of 20 October 2021 — Yadex International v EUIPO — Sütas Süt Ürünleri (PINAR Süzme Peynir)

(Case T-559/20) (1)

(EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative mark PINAR Süzme Peynir - Earlier international figurative mark Süzme Peynir - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2021/C 502/38)

Language of the case: English

Parties

Applicant: Yadex International GmbH (Frankfurt am Main, Germany) (represented by: N. Johnson, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Sütas Süt Ürünleri AS (Bursa, Turkey) (represented by: O. Ruhl, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 2 July 2020 (Case R 2127/2019-1), relating to opposition proceedings between Sütas Süt Ürünleri and Yadex International.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Yadex International GmbH to pay the costs.

(1) OJ C 371, 3.11.2020.
Judgment of the General Court of 17 November 2021 — KR v Commission

(Case T-408/20) (1)

(Civil service - Officials - Remuneration - Dependent child allowance - Article 2 of Annex VII of the Statute - Concept of ‘dependent child’ - Refusal to grant dependent child status to a student receiving a grant - Actual maintenance of the child - Health insurance scheme)

(2022/C 24/35)

Language of the case: French

Parties

Applicant: KR (represented by: S. Orlandi, lawyer)

Defendant: European Commission (represented by: T. Bohr and D. Milanowska, acting as Agents)

Re:

Action under Article 270 TFEU for annulment of the decision of the Commission’s Office for the Administration and Payment of Individual Entitlements (PMO) of 25 October 2019 to no longer consider the applicant’s child as a dependent child, within the meaning of Article 2 of Annex VII of the Staff Regulations of Officials of the European Union, from 1 September 2019.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders KR to pay the costs.

(1) OJ C 279, 24.8.2020.
Official Journal of the European Union

Judgment of the General Court of 10 November 2021 — Solar Electric and Others v Commission

(Case T-678/20) (1)

(State aid - Market for electricity produced from renewable energy sources, including photovoltaic energy - Obligation under French law to purchase electricity at a price higher than the market price - Rejection of a complaint - Article 12(1) and Article 24(2) of Regulation (EU) 2015/1589 - Scope)

(2022/C 11/34)

Language of the case: French

Parties

Applicants: Solar Electric Holding (Lamentin, France), Solar Electric Guyane (Lamentin), Solar Electric Martinique (Lamentin), Société de production d’énergies renouvelables (Lamentin) (represented by: S. Manna, lawyer)

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

Re:

Application under Article 263 TFEU for annulment of the Commission’s decision of 3 September 2020 rejecting the applicants’ complaint of 20 June 2020 concerning unlawful State aid to the applicants’ photovoltaic plants.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Solar Electric Holding, Solar Electric Guyane, Solar Electric Martinique and Société de production d’énergies renouvelables to pay the costs.

(1) OJ C 44, 8.2.2021.
Official Journal of the European Union

Judgment of the General Court of 15 December 2021 — FJ and Others v EEAS

(Case T-225/20) (1)

(Civil Service - Officials - Remuneration - EEAS staff posted to a third country - Interim update of correction coefficients - Manifest error of assessment - Retroactive effect - Legal certainty - Duty to have regard for the welfare of officials)

(2022/C 84/51)

Language of the case: French

Parties

Applicants: FJ and seven other applicants whose names are listed in annex to the judgment (represented by: J.-N. Louis, lawyer)

Defendant: European External Action Service (represented by: S. Marquardt and R. Spáč, acting as Agents)

Re:

Application under Article 270 TFEU for annulment of the applicants’ salary statements for the month of June 2019 in so far as they apply, for the first time, the correction coefficients fixed, with retroactive effect, on 1 August 2018.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders FJ and the other applicants whose names are listed in annex to the judgment to pay the costs.

(1) OJ C 247, 27.7.2020.
2.

Annuls the Commission’s decision of 9 April 2020 in so far as it refuses access to a document containing the weightings assigned to the two parts of the oral test (interview and structured presentation) specified in the notice for the internal competition COM/03/AD/18 (AD 6) — 1 — Administrators, and the two sub-parts of the interview (professional experience and motivation) which were also specified in the notice for that competition;
Official Journal of the European Union

Judgment of the General Court of 9 February 2022 — Van Walle v ECDC

(Case T-33/20) (1)

(Civil service - Members of the temporary staff - ECDC staff members - Appraisal report for 2018 - Freedom of expression - Obligation to state reasons - Case requiring a specific statement of reasons - Manifest error of assessment - Duty to have regard for the welfare of officials - Right to be heard)

(2022/C 128/27)

Language of the case: English

Parties

Applicant: Ivo Van Walle (Järfälla, Sweden) (represented by: L. Levi and A. Champetier, lawyers)

Defendant: European Centre for Disease Prevention and Control (ECDC) (represented by: J. Mannheim, acting as Agent, and by D. Waelbroeck and A. Duron, lawyers)

Re:

Application under Article 270 TFEU for annulment of the applicant’s appraisal report for 2018.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Ivo Van Walle to bear his own costs and to pay those incurred by the European Centre for Disease Prevention and Control (ECDC).

(1) OJ C 103, 30.3.2020.
Judgment of the General Court of 21 December 2021 — Datax v REA

(Case T-381/20) (1)

(Arbitration clause - Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) - HELP and GreenNets grant agreements - OLAF’s investigation - Personnel costs - Burden of proof - Reliability of timesheets - Ineligibility of costs declared by the beneficiary - Request for recovery - Debit notes - Limitation - Reasonable time - Proportionality)

(2022/C 95/39)

Language of the case: English

Parties

Applicant: Datax sp. z o.o. (Wrocław, Poland) (represented by: J. Bober, lawyer)

Defendant: European Research Executive Agency (represented by: S. Payan-Lagrou and V. Canetti, acting as Agents, and by M. Le Berre, lawyer)

Re:

Application based on Article 272 TFEU seeking, first, a declaration of eligibility of the personnel costs relating to the researcher, second, a declaration that the obligation to pay liquidated damages is unfounded and, third, an order that the REA take no further action against the applicant as regards the personnel costs of the researcher relating to the HELP and GreenNets grant agreements.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Datax sp. z o.o. to pay the costs, including those relating to the interlocutory proceedings.

(1) OJ C 297, 7.9.2020.
Judgment of the General Court of 23 March 2022 — NV v eu-LISA

(Case T-661/20) (1)

(Civil service - Members of the temporary staff - Staff of eu-LISA - Disciplinary proceedings - Disciplinary penalty - Reprimand - Implementing provisions concerning administrative inquiries - Plea of illegality - Article 110 of the Staff Regulations - Failure to consult the Staff Committee - Rights of the defence and right to be heard - Articles 12, 12a, 17 and 19 of the Staff Regulations - Error of assessment - Principle of good administration - Article 10 of Annex IX to the Staff Regulations - Duty to have regard for the welfare of officials - Liability - Non-material damage)

(2022/C 198/53)

Language of the case: English

Parties

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

Defendant: European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) (represented by: M. Chiodi, acting as Agent, and by D. Waelbroeck and A. Duron, lawyers)

Re:

Application under Article 270 TFEU seeking, first, annulment of the decision of eu-LISA of 3 February 2020 to impose on the applicant the penalty of a reprimand and, secondly, compensation for the non-material harm allegedly suffered by the applicant as a result of that decision.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders NV to pay the costs.

(1) OJ C 19, 18.1.2021.
Judgment of the General Court of 9 March 2022 — Italy v Commission

(Case T-10/20) (1)

(EAGF and EAFRD - Expenditure excluded from financing - Area-related aid scheme - Financial corrections - Article 52(2) of Regulation (EU) No 1306/2013 - Article 12(2) and (6) of Delegated Regulation (EU) No 907/2014 - Definition of ‘permanent grasslands’ - Article 4(1)(h) of Regulation (EU) No 1307/2013 - Producer organisation and operational programmes - Articles 26, 27, 31, 104 and 106 of Implementing Regulation (EU) No 543/2011 - Article 155 of Regulation (EU) No 1308/2013 - Delegated Regulation (EU) No 499/2014 - Public procurement procedure - Article 24(2)(c) and Article 26(1)(d) of Regulation (EU) No 65/2011 - Article 48(2) and Article 51(1) of Implementing Regulation (EU) No 809/2014 - Risk of financial loss)

(2022/C 198/43)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: G. Palmieri, acting as Agent, and by C. Gerardis, G. Rocchitta and E. Feola, avvocati dello Stato)

Defendant: European Commission (represented by: P. Rossi, J. Aquilina and F. Moro, acting as Agents)

Re:

APPLICATION under Article 263 TFEU seeking annulment of Commission Implementing Decision (EU) 2019/1835 of 30 October 2019 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2019 L 279, p. 98), in so far as it relates to certain expenditure incurred by the Italian Republic.

Operative part of the judgment

The Court:

1. Annuls Commission Implementing Decision (EU) 2019/1835 of 30 October 2019 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) in so far as it imposes a flat rate correction of 2 % on the Italian Republic relating to area aid granted in Italy in the amount of EUR 143 924 279,14 for the claim years 2015 and 2016 and a flat rate correction of 10 % in the amount of EUR 72 704,23 relating to sample/payment No 8 concerning the commune of Campoli Monte Taburno, pursuant to Measure 322, included in rural development measures for the claim years 2014, 2015 and 2016;

2. Dismisses the action as to the remainder;

3. Orders the Italian Republic and the European Commission to bear their own costs.

(1) OJ C 68, 2.3.2020.
Official Journal of the European Union

Judgment of the General Court of 1 June 2022 — Cristescu v Commission

(Case T-754/20) (1)

(Civil service - Officials - Disciplinary proceedings - Acts contrary to the dignity of the office - Preliminary assessment - Administrative investigation - Mandate entrusted to IDOC - Data protection - Principe of impartiality - Principe of sound administration - Disciplinary procedure - Rights of the defence - Disciplinary penalty of reprimand - Procedural irregularity - Reasonable time - Extenuating circumstances)

(2022/C 284/35)

Language of the case: French

Parties

Applicant: Adrian Sorin Cristescu (Luxembourg, Luxembourg) (represented by: S. Orlandi, lawyer)

Defendant: European Commission (represented by: M. Brauhoff and A.-C. Simon, acting as Agents)

Re:

By his action under Article 270 TFEU, the applicant seeks annulment of the decision of the European Commission of 27 February 2020 by which it imposed on him the disciplinary penalty of reprimand pursuant to Article 9(1)(b) of Annex IX to the Staff Regulations of Officials of the European Union.

Operative part of the judgment

The Court:

1. Annuls the decision of the European Commission of 27 February 2020 which imposed a reprimand on Mr Adrian Sorin Cristescu;

2. Orders each party to bear its own costs.

(1) OJ C 62, 22.2.2021.
Official Journal of the European Union

Judgment of the General Court of 27 April 2022 — Flašker v Commission

(Case T-392/20) (1)

(State aid - Measures granted by Slovenia to a municipal network of dispensing pharmacies - Preliminary examination phase - Decision of the Commission finding no State aid and, possibly, that there is existing aid - Decision adopted without initiating the formal investigation procedure under Article 108(2) TFEU - Serious difficulties)

(2022/C 237/58)

Language of the case: English

Parties

Applicant: Petra Flašker (Grosuplje, Slovenia) (represented by: K. Zdolšek, lawyer)

Defendant: European Commission (represented by: P. Arenas and C. Georgieva, acting as Agents)

Intervener in support of the defendant: Republic of Slovenia (represented by: B. Jovin Hrastnik, acting as Agent)

Re:

By her action based on Article 263 TFEU, the applicant seeks the annulment of Commission Decision C(2020) 1724 final of 24 March 2020 closing the examination of measures concerning the public pharmacy Lekarna Ljubljana in the light of the State aid rules in Articles 107 and 108 TFEU (Case SA.43546 (2016/FC) — Slovenia).

Operative part of the judgment

The Court:

1. Annuls Commission Decision C(2020) 1724 final of 24 March 2020 closing the examination of measures concerning the public pharmacy Lekarna Ljubljana in the light of the State aid rules in Articles 107 and 108 TFEU (Case SA.43546 (2016/FC) — Slovenia) in so far as it concerns the assets under management of Lekarna Ljubljana;

2. Orders the European Commission to bear its own costs and to pay those of Petra Flašker;

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

(1) OJ C 297, 7.9.2020.