ddrg/super_eurlex huggingface dataset:
Judgment of the General Court of 3 May 2016 — Iran Insurance v Council

(Case T-63/14) (1)

((Common foreign and security policy - Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Plea of illegality - Article 46(2) of Regulation (EU) No 267/2012 - Article 215 TFEU - Article 20(1)(c) of Decision 2010/413/CFSP, as amended by Article 1(7) of Decision 2012/35/CFSP - Article 23(2)(d) of Regulation No 267/2012 - Fundamental rights - Articles 2 TEU, 21 TEU and 23 TEU - Articles 17 and 52 of the Charter of Fundamental Rights - Error of assessment - Equal treatment - Non-discrimination - Principle of sound administration - Obligation to state reasons - Misuse of powers - Legitimate expectations - Proportionality))

(2016/C 222/14)

Language of the case: English

Parties

Applicant: Iran Insurance Company (Tehran, Iran) (represented by: D. Luff, lawyer)

Defendant: Council of the European Union (represented by: I. Rodios and M. Bishop, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: F. Castillo de la Torre and D. Gauci, acting as Agents)

Re:

Application firstly for annulment, under Article 263 TFEU and Article 275 TFEU, of Council Decision 2013/661/CFSP of 15 November 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2013 L 306, p. 18) and of Council Implementing Regulation (EU) No 1154/2013 of 15 November 2013 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2013 L 306, p. 3), in so far as they concern the applicant, and secondly for a declaration, under Article 277 TFEU, of the inapplicability as regards the applicant of Article 20(1)(c) of Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39) as amended by Article 1(7) of Council Decision 2012/35/CFSP of 23 January 2012 (OJ 2012 L 19, p. 22) and of Article 23(2)(d) and Article 46(2) of Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ 2012 L 88, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Iran Insurance Company to pay the costs.

(1) OJ C 78, 15.3.2014.
EN Official Journal of the European Union C 305/28

Judgment of the General Court of 30 June 2016 — CW v Council

(Case T-224/14) (1)

((Common Foreign and Security Policy - Restrictive measures directed against certain persons and entities in view of the situation in Tunisia - Freezing of funds - Extension - Right to property - Proportionality - Error of fact - Misuse of powers - Non-contractual liability))

(2016/C 305/38)

Language of the case: French

Parties

Applicant: CW (represented by: A. Tekari, lawyer)

Defendant: Council of the European Union (represented by: G. Étienne and M. Bishop, acting as Agents)

Re:

First, application based on Article 263 TFEU and seeking the annulment of Council Decision 2014/49/CFSP of 30 January 2014, amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ 2014 L 28, p. 38), in so far as it concerns the applicant and, secondly, application based on Article 268 TFEU and seeking compensation for the damage suffered by the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders CW to bear its own costs and those incurred by the Council of the European Union.

(1) OJ C 351, 6.10.2014.
EN Official Journal of the European Union C 251/25

Judgment of the General Court of 2 June 2016 — HX v Council

(Case T-723/14) (1)

((Common foreign and security policy - Restrictive measures against Syria - Freezing of funds - Modification of the form of order sought - Error of assessment))

(2016/C 251/27)

Language of the case: Bulgarian

Parties

Applicant: HX (Damascus, Syria) (represented by: S. Koev, lawyer)

Defendant: Council of the European Union (represented by: I. Gurov and S. Kyriakopoulou, acting as Agents)

Re:

Action brought on the basis of Article 263 TFEU seeking the annulment of Council Implementing Decision 2014/488/CFSP of 22 July 2014 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2014 L 217, p. 49), of Council Implementing Regulation (EU) No 793/2014 of 22 July 2014 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2014 L 217, p. 10), and of Council Decision (CFSP) 2015/837 of 28 May 2015 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2015 L 132, p. 82), in so far as the applicant’s name was included on the lists of persons and entities covered by those restrictive measures.

Operative part of the judgment

The Court:

1. Annuls, in so far as they concern HX, Council Implementing Decision 2014/488/CFSP of 22 July 2014 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria, and Council Implementing Regulation (EU) No 793/2014 of 22 July 2014 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria;

2. Dismisses the action as to the remainder;

3. Orders the Council of the European Union to bear its own costs and to pay the costs incurred by HX.

(1) OJ C 462, 22.12.2014.
EN Official Journal of the European Union C 392/30

Judgment of the General Court of 15 September 2016 — Philip Morris v Commission

(Case T-796/14) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Documents drawn up in the context of the preparatory works leading to the adoption of the directive on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products - Refusal to grant access - Exception relating to the protection of court proceedings and legal advice - Exception relating to the protection of the decision-making process - Overriding public interest))

(2016/C 392/37)

Language of the case: English

Parties

Applicant: Philip Morris Ltd (Richmond, United Kingdom) (represented by: K. Nordlander and M. Abenhaïm, lawyers)

Defendant: European Commission (represented by: J. Baquero Cruz and F. Clotuche-Duvieusart, acting as Agents)

Re:

Application based on Article 263 TFEU and seeking annulment of Commission Decision Ares(2014) 3142109 of 24 September 2014, in so far as it refuses to grant the applicant full access to the requested documents, with the exception of the redacted personal data contained therein.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Philip Morris Ltd to pay the costs.

(1) OJ C 56, 16.2.2015.
EN Official Journal of the European Union C 392/26

Judgment of the General Court of 15 September 2016 — PT Pelita Agung Agrindustri v Council

(Case T-121/14) (1)

((Dumping - Imports of biodiesel originating in Indonesia - Definitive anti-dumping duty - Article 2(5) of Regulation (EC) No 1225/2009 - Normal value - Production costs))

(2016/C 392/30)

Language of the case: English

Parties

Applicant: PT Pelita Agung Agrindustri (Medan, Indonesia) (represented by: F. Graafsma and J. Cornelis, lawyers)

Defendant: Council of the European Union (represented initially by S. Boelaert, and subsequently by H. Marcos Fraile, acting as Agents, and by R. Bierwagen and C. Hipp, lawyers)

Interveners in support of the defendant: European Commission (represented by: J.-F. Brakeland, M. França and A. Stobiecka-Kuik, acting as Agents), and European Biodiesel Board (EBB) (Brussels, Belgium) (represented by: O. Prost and M.-S. Dibling, lawyers).

Re:

Action pursuant to Article 263 TFUE for annulment of Council Implementing Regulation (EU) No 1194/2013 of 19 November 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in Argentina and Indonesia (OJ 2013 L 315, p. 2) in so far as it imposes an anti-dumping duty on the applicant.

Operative part of the judgment

The Court:

1. Annuls Articles 1 and 2 of Council Implementing Regulation (EU) No 1194/2013 of 19 November 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in Argentina and Indonesia, in so far as they concern PT Pelita Agung Agrindustri;

2. Orders the Council of the European Union to bear its own costs and to pay the costs incurred by PT Pelita Agung Agrindustri;

3. Orders the European Commission and the European Biodiesel Board (EBB) to bear their own costs.

(1) OJ C 112, 14.4.2014.
EN Official Journal of the European Union C 410/10

Judgment of the General Court of 21 September 2016 — Secolux v Commission

(Case T-363/14) (1)

((Access to documents - Regulation (EC) No 1049/2001 - Documents relating to a call for tenders for a public services contract - Refusal of access - Exception relating to the privacy and integrity of the individual - Exception relating to the protection of commercial interests - Exception relating to the protection of the decision-making process - Partial access - Overriding public interest - Obligation to state reasons))

(2016/C 410/12)

Language of the case: French

Parties

Applicant: Secolux, Association pour le contrôle de la sécurité de la construction (Capellen, Luxembourg) (represented by: N. Prüm-Carré and E. Billot, lawyers)

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

Re:

Action pursuant to Article 263 TFEU for annulment of the Commission’s decisions of 1 and 14 April 2014 refusing to grant the applicant full access to certain documents relating to a call for tenders under reference number 02/2013/OIL and to safety checks to be carried out in various buildings in Luxembourg (OJ 2013/S 156-271471).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Secolux, Association pour le contrôle de la sécurité de la construction, to pay the costs.

(1) OJ C 253, 4.8.2014.
1.

Annuls — until the entry into force of Council Decision (CFSP) 2015/364 of 5 March 2015 amending Decision 2014/119 and Council Implementing Regulation (EU) 2015/357 of 5 March 2015 implementing Regulation No 208/2014 — Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine and Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, in their initial versions, in so far as Mr Andriy Klyuyev was named in the list of persons, entities and bodies subject to those restrictive measures;
EN Official Journal of the European Union C 53/28

Judgment of the General Court of 11 January 2017 — Topps Europe v Commission

(Case T-699/14) (1)

((Competition - Agreements, decisions and concerted practices - Abuse of dominant position - Grant of licences in respect of intellectual-property rights for football-related collectibles - Decision rejecting a complaint - Access to the file - Article 8(1) of Regulation (EC) No 773/2004 - Manifest error of assessment - Relevant market - Exclusive licence - Single branding - Excessive prices))

(2017/C 053/34)

Language of the case: English

Parties

Applicant: Topps Europe Ltd (Milton Keynes, United Kingdom) (represented initially by: R. Vidal, A. Penny, Solicitors, and B. Kennelly, QC, then by R. Subiotto, QC, and A. Cleenewerck de Crayencour, lawyer, and subsequently by T. de la Mare, QC)

Defendant: European Commission (represented by: F. Jimeno Fernández and M. Farley, acting as Agents)

Interveners in support of the defendant: Fédération internationale de football association (FIFA) (Zurich, Switzerland) (represented by: A. Barav and D. Reymond, lawyers) and Panini SpA (Modena, Italy) (represented by: F. Wijckmans, F. Tuytschaever and M. Varga, lawyers)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2014) 5123 final of 15 July 2014 rejecting the complaint lodged by the applicant in Case AT.39899 — Licensing of intellectual-property rights for football collectibles.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Topps Europe Ltd to bear its own costs and to pay those incurred by the European Commission, Fédération internationale de football association (FIFA) and Panini Spa.

(1) OJ C 448, 15.12.2014.
EN Official Journal of the European Union C 22/21

Judgment of the General Court of 30 November 2016 — Bank Refah Kargaran v Council

(Case T-65/14) (1)

((Common Foreign and Security Policy - Restrictive measures against Iran - Freezing of funds - Further listing of the applicant after annulment of the initial listing by the General Court - Error in law - Error in fact - Obligation to state reasons - Rights of the defence - Right to effective judicial protection - Proportionality))

(2017/C 022/27)

Language of the case: French

Parties

Applicant: Bank Refah Kargaran (Teheran, Iran) (represented by: J.-M. Thouvenin, lawyer)

Defendant: Council of the European Union (represented by: V. Piessevaux, M. Bishop and B. Driessen, agents)

Intervener in support of the defendant: European Commission (represented by: A. Aresu and D. Gauci, agents)

Re:

Application based on Article 263 TFEU and seeking, principally, annulment of Council Decision 2013/661/CFSP of 15 November 2013 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2010 L 306, p. 18), and of Council Implementing Regulation (EU) No 1154/2013 of 15 November 2013, implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2013 L 306, p. 3), in so far as those acts concern the applicant, and, in the alternative, annulment of Decision 2013/661 and of Implementing Regulation No 1154/2013 in so far as those acts concern the applicant as from 20 January 2014.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Bank Refah Kargaran to pay, in addition to its own costs, the costs incurred by the Council of the European Union;

3. Orders the European Commission to bear its own costs.

(1) OJ C 135, 5.5.2014.
EN Official Journal of the European Union C 121/22

Judgment of the General Court of 28 February 2017 — JingAo Solar and Others v Council

(Joined Cases T-158/14, T-161/14 and T-163/14) (1)

((Subsidies - Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China - Definitive countervailing duty - Undertakings - Action for annulment - Interest in bringing proceedings - Admissibility - Scope of the investigation - Sampling - Definition of the product concerned))

(2017/C 121/32)

Language of the case: English

Parties

Applicants: JingAo Solar Co. Ltd (Ningjin, China) and the five other applicants whose names appear in the annex to the judgment (represented initially by A. Willems, S. De Knop and J. Charles, and subsequently by A. Willems and S. De Knop, lawyers)

Defendant: Council of the European Union (represented by: B. Driessen, acting as Agent, B. O’Connor, Solicitor, and S. Gubel, lawyer)

Intervener in support of the defendant: European Commission (represented initially by J.-F. Brakeland, T. Maxian Rusche, and A. Stobiecka-Kuik, and subsequently by J.-F. Brakeland, T. Maxian Rusche, and A. Demeneix, acting as Agents)

Re:

Application under Article 263 TFEU for the annulment of Council Implementing Regulation (EU) No 1239/2013 of 2 December 2013 imposing a definitive countervailing duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China (OJ 2013 L 325, p. 66), in so far as it applies to the applicants.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders JingAo Solar Co. Ltd, and the other applicants whose names appear in the annex to bear their own costs and to pay those incurred by the Council of the European Union;

3. Orders the European Commission to bear its own costs.

(1) OJ C 159, 26.5.2014.
EN Official Journal of the European Union C 95/7

Judgment of the General Court of 16 February 2017 — Antrax It v EUIPO — Vasco Group (Thermosiphons for radiators)

(Joined Cases T-828/14 and T-829/14) (1)

((Community design - Invalidity proceedings - Registered Community designs representing thermosiphons for radiators - Earlier designs - Plea of unlawfulness - Article 1(d) of Regulation (EC) No 216/96 - Article 41(1) of the Charter of Fundamental Rights - Principle of impartiality - Composition of the Board of Appeal - Ground for invalidity - No individual character - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 - Enforcement by EUIPO of a judgment setting aside a decision of one of its Boards of Appeal - Saturation of the state of the art - Date of assessment))

(2017/C 095/13)

Language of the case: Italian

Parties

Applicant: Antrax It Srl (Resana, Italy) (represented by: L. Gazzola, lawyer)

Defendant: European Union Intellectual Property Office (represented initially by M. P. Bullock, and subsequently by L. Rampini and S. Di Natale, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Vasco Group NV, formerly Vasco Group BVBA (Dilsen, Belgium) (represented by: J. Haber, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 10 October 2014 (Cases R 1272/2013-3 and R 1273/2013-3) relating to invalidity proceedings between Vasco Group BVBA and Antrax It.

Operative part of the judgment

The Court:

1. Dismisses the appeals;

2. Orders Antrax It Sarl to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and Vasco Group, including those incurred by Vasco Group NV for the proceedings before the Board of Appeal in Cases R 1272/2013-3 and R 1273/2013-3.

(1) OJ C 65, 23.2.2015.
EN Official Journal of the European Union C 293/29

Judgment of the General Court of 20 July 2017 — ADR Center v Commission

(Case T-644/14) (1)

((Financial aid - General Programme ‘Fundamental Rights and Justice’ for the period 2007-2013 - Specific Programme ‘Civil Justice’ - Action for annulment - Enforceable decision - Article 299 TFEU - Powers of the author of the act - Principle of sound administration - Application for an order directing the Commission to pay the balance due under the grant agreements - Partial reclassification of the action - Arbitration clause - Jurisdiction of the General Court - Eligible costs))

(2017/C 293/32)

Language of the case: English

Parties

Applicant: ADR Center SpA (Rome, Italy) (represented: initially by L. Tantalo, and subsequently by A. Guillerme, lawyers)

Defendant: European Commission (represented: initially by J. Estrada de Solà and L. Cappelletti, and subsequently by J. Estrada de Solà and S. Delaude, acting as Agents)

Re:

Application, first, based on Article 263 TFEU seeking annulment of Decision C(2014) 4485 final of the Commission of 27 June 2014 concerning the recovery of part of the financial contribution paid to the applicant under three grant agreements concluded in the context of the ‘Civil Justice’ specific programme and, second, based on Article 272 TFEU seeking an order directing the Commission to pay it the balance due to it under the three grant agreements in an amount of EUR 49 172,52 together with damages.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders ADR Center SpA to pay the costs incurred by the European Commission, including the costs of that institution pertaining to the proceedings for interim measures, and to bear half of its own costs, including in relation to its costs pertaining to the proceedings for interim measures;

3. Orders the Commission to pay half of the costs incurred by ADR Center, including half of the costs of the latter pertaining to the proceedings for interim measures.

(1) OJ C 388, 3.11.2014.
EN Official Journal of the European Union C 195/17

Judgment of the General Court of 4 May 2017 — Meta Group v Commission

(Case T-744/14) (1)

((Arbitration clause - Grant agreements concluded within the context of the Sixth framework programme for research, technological development and demonstration activities (2002-2006) - Grant agreements concluded under the Competitiveness and Innovation Framework Programme (2007-2013) - Recovery of sums paid - Balance of the total amount of the financial contribution granted to the applicant - Eligible costs - Contractual liability))

(2017/C 195/23)

Language of the case: Italian

Parties

Applicant: Meta Group Srl (Rome, Italy) (represented by: A. Bartolini and A. Formica, lawyers)

Defendant: European Commission (represented by: D. Recchia and R. Lyal, acting as Agents)

Re:

Action based on Article 272 TFEU and seeking a ruling that the Commission failed to fulfil its financial obligations resulting from several grant agreements which it concluded with the applicant under the Sixth framework programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 2006) and the Competitiveness and Innovation Framework Programme (2007-2013), a declaration that the Commission acted unlawfully in offsetting the amounts claimed by the applicant, an order for payment by the Commission of the sums owed to the applicant under those grant agreements, together with default interest and monetary revaluation, and compensation in respect of the damage which the applicant claims to have suffered.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Meta Group Srl to pay the costs.

(1) OJ C 462, 22.12.2014.
Judgment of the General Court of 12 July 2018 — Nexans France and Nexans v Commission

(Case T-449/14) (1)

((Competition - Agreements, decisions and concerted practices - European market for power cables - Decision finding an infringement of Article 101 TFEU - Single and continuous infringement - Illegal nature of the inspection decision - Reasonable time - Principle of sound administration - Principle of personal responsibility - Joint and several liability for payment of the fine - Sufficient proof of the infringement - Duration of the infringement - Fines - Proportionality - Equal treatment - Unlimited jurisdiction))

(2018/C 328/51)

Language of the case: English

Parties

Applicants: Nexans France SAS (Courbevoie, France) and Nexans SA (Courbevoie) (represented by: G. Forwood, lawyer, M. Powell, A. Rogers and A. Oh, Solicitors)

Defendant: European Commission (represented initially by: C. Giolito, H. van Vliet and A. Biolan, and subsequently by C. Giolito and H. van Vliet, acting as Agents, and by B. Doherty, Barrister)

Re:

Application under Article 263 TFEU for the annulment of Commission Decision C(2014) 2139 final of 2 April 2014 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case AT.39610 — Power cables) in so far as it concerns the applicants and, in the alternative, a reduction of the fine imposed on the applicants.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Nexans France SAS and Nexans SA to pay the costs.

(1) OJ C 282, 25.8.2014.