ddrg/super_eurlex huggingface dataset:
Judgment of the General Court of 16 May 2019 — GMPO v Commission

(Case T-733/17) (1)

(Medicinal products for human use - Article 3(1)(b) of Regulation (EC) No 141/2000 - Definition of ‘significant benefit’ - Availability of orphan medicinal products - Article 5(12)(b) of Regulation No 141/2000 - Commission decision to remove a medicinal product from the Register of Orphan Medicinal Products - Error of assessment - Error of law - Legitimate expectations)

(2019/C 230/38)

Language of the case: English

Parties

Applicant: GMP-Orphan (GMPO) (Paris, France) (represented by: M. Demetriou QC, E. Mackenzie, Barrister, L. Tsang and J. Mulryne, Solicitors)

Defendant: European Commission (represented by: K. Petersen and A. Sipos, acting as Agents)

Re:

Action pursuant to Article 263 TFEU seeking the partial annulment of Commission Implementing Decision C(2017) 6102 final of 5 September 2017 granting marketing authorisation under Regulation (EC) No 726/2004 of the European Parliament and of the Council for ‘Cuprior-trientine’, a medicinal product for human use, in so far as the Commission decided, in Article 5 of that decision, that that medicinal product no longer satisfied the criteria laid down in Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16 December 1999 on orphan medicinal products (OJ 2000 L 18, p. 1) to be registered as an orphan medicinal product and that the European Union Register of Orphan Medicinal Products should be updated accordingly.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders GMP-Orphan (GMPO) to pay the costs, including those incurred in the proceedings for interim measures.

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

Judgment of the General Court of 4 April 2019 — Sharif v Council

(Case T-5/17) (1)

(Common foreign and security policy - Restrictive measures against Syria - Freezing of funds - Rights of the defence - Right to effective judicial protection - Manifest error of assessment - Right to property - Proportionality - Damage to reputation)

(2019/C 187/68)

Language of the case: English

Parties

Applicant: Ammar Sharif (Damascus, Syria) (represented by: B. Kennelly QC, and J. Pobjoy, Barrister)

Defendant: Council of the European Union (represented by: S. Kyriakopoulou, P. Mahnič and V. Piessevaux, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: L. Havas and J. Norris, acting as Agents)

Re:

Application, principally, pursuant to Article 263 TFEU for annulment of Council Implementing Decision (CFSP) 2016/1897 of 27 October 2016 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2016 L 293, p. 36), of Council Implementing Regulation (EU) 2016/1893 of 27 October 2016 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2016 L 293, p. 25), of Council Decision (CFSP) 2017/917 of 29 May 2017 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2017 L 139, p. 62), of Council Implementing Regulation (EU) 2017/907 of 29 May 2017 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2017 L 139, p. 15), of Council Decision (CFSP) 2018/778 of 28 May 2018 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2018 L 131, p. 16), and of Council Implementing Regulation (EU) 2018/774 of 28 May 2018 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2018 L 131, p. 1), in so far as those acts concern the applicant; and, in the alternative, pursuant to Article 277 TFEU for a declaration that the following provisions are inapplicable, in so far as they apply to the applicant: Article 28(2)(a) of Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (OJ 2013 L 147, p. 14), as amended by Council Decision (CFSP) 2015/1836 of 12 October 2015 (OJ 2015 L 266, p. 75), and Article 15(1a)(a) of Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (OJ 2012 L 16, p. 1), as amended by Council Regulation (EU) 2015/1828 of 12 October 2015 (OJ 2015 L 266, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Ammar Sharif to bear his 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 53, 20.2.2017.
Official Journal of the European Union

Judgment of the General Court of 6 June 2019 — EIB v Syria

(Case T-589/17) (1)

(Arbitration clause - Aleppo-Tall Kojak Road Project Loan Agreement No 60136 - Non-performance of the agreement - Repayment of the sums advanced - Default interest - Procedure by default)

(2019/C 280/52)

Language of the case: English

Parties

Applicant: European Investment Bank (represented by: initially by P. Chamberlain, T. Gilliams, F. Oxangoiti Briones and J. Shirran, and subsequently by F. Oxangoiti Briones, J. Klein and J. Shirran, acting as Agents, and D. Arts, lawyer, and T. Cusworth, Solicitor)

Defendant: Syrian Arab Republic

Re:

Action pursuant to Article 272 TFEU, seeking an order that the Syrian Arab Republic repay sums due under Aleppo-Tall Kojak Road Project Loan Agreement No 60136, plus default interest.

Operative part of the judgment

The Court:

1. Orders the Syrian Arab Republic to repay the European Investment Bank (EIB) the sum of EUR 820 451,25;

2. Declares that that sum is to bear default interest, on the principle amounts, at the annual rate of 3.5%, from 25 August 2017 until the date that payment is made;

3. Dismisses the action as to the remainder;

4. Orders the Syrian Arab Republic to pay the costs

(1) OJ C 369, 30.10.2017.
Judgment of the General Court of 5 June 2019 — Siragusa v Council

(Case T-616/17 RENV) (1)

(Civil service - Officials - Leaving the service - Request to retire - Amendment of the Staff Regulations after that request had been made - Withdrawal of an earlier decision - Liability)

(2019/C 255/44)

Language of the case: French

Parties

Applicant: Sergio Siragusa (Brussels, Belgium) (represented by: T. Bontinck and A. Guillerme, lawyers)

Defendant: Council of the European Union (represented by: initially, M. Bauer and M. Veiga, then M. Bauer and R. Meyer, Agents)

Intervener in support of the defendant: European Parliament (represented by: initially, M. Rantala and Í. Ní Riagáin Düro, then I. Lázaro Bentacor and C. González Argüelles, Agents)

Re:

Application on the basis of Article 270 TFEU and seeking, first, the annulment of the Council’s decision of 12 November 2014 withdrawing the Council’s earlier decision approving the applicant’s request of 11 July 2013 for early retirement and, secondly, compensation in respect of the material and non-material harm allegedly suffered by the applicant as a result of that decision.

Operative part of the judgment

The Court:

1. Annuls the decision of the Council of the European Union of 12 November 2014 withdrawing the Council’s earlier decision approving Mr Sergio Siragusa’s request of 11 July 2013 for early retirement;

2. Orders the Council to pay Mr Siragusa the sum of EUR 5 000, together with default interest, to be calculated as from the date of delivery of the present judgment is delivered and until full payment, at the rate fixed by the European Central Bank (ECB) for its main refinancing operations, increased by two percentage points;

3. Dismisses the claim for damages as to the remainder

4. Declares that the Council is to bear its own costs and orders it to pay those incurred by Mr Siragusa, including those relating to Case F-124/15 and Case T-678/16 P;

5. Declares that the European Parliament is to bear its own costs, including those relating to Case F-124/15 and Case T-678/16 P.

(1) OJ C 414, 14.12.2015 (Case initially registered before the European Union Civil Service Tribunal under number F-124/15 and transferred to the General Court of the European Union on 1.9.2016).
Judgment of the General Court of 12 July 2019 — Keolis CIF and Others v Commission

(Case T-289/17) (1)

(State aid - Aid scheme implemented by France between 1994 and 2008 - Investment subsidies granted by the Île-de-France region - Decision declaring the aid scheme compatible with the internal market - Concepts of ‘existing aid’ and of ‘new aid’ - Article 107 TFEU - Article 108 TFEU - Article 1(b)(i) and (v) of Regulation (EU) 2015/1589 - Limitation period - Article 17 of Regulation 2015/1589)

(2019/C 305/48)

Language of the case: French

Parties

Applicants: Keolis CIF (Le Mesnil-Amelot, France) and the seven other applicants whose names are set out in the annex to the judgment (represented by: R. Sermier and D. Epaud, lawyers)

Defendant: European Commission (represented by: L. Armati, C. Georgieva-Kecsmar and T. Maxian Rusche, Agents)

Re:

Application on the basis of Article 263 TFEU for partial annulment of Commission Decision (EU) 2017/1470 of 2 February 2017 on aid schemes SA.26763 2014/C (ex 2012/NN) implemented by France for bus transport undertakings in the Île-de-France region (OJ 2017 L 209, p. 24).

Operative part of the judgment

1. The action is dismissed.

2. Keolis CIF and the other applicants whose names are set out in the annex are ordered to bear their own costs and to pay those incurred by the European Commission.

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

Judgment of the General Court of 4 July 2019 — Italy v Commission

(Case T-598/17) (1)

(EAGF and EAFRD - Expenditure excluded from financing - Expenditure made by Italy - Delays and negligence attributable to bodies of the Member State - Burden placed on the Member State of the financial consequences of the lack of recovery - Financial corrections - Articles 31 and 32 of Regulation (EC) No 1290/2005 - Article 12 of Delegated Regulation (EU) No 907/2014 - Reasonable time)

(2019/C 295/28)

Language of the case: French

Parties

Applicant: Italian Republic (represented by: G Palmieri, acting as Agent, and initially by: P. Pucciariello, subsequently by: F. Varrone, avvocati dello Stato)

Defendant: European Commission (represented by: D. Triantafyllou and D. Bianchi, acting as Agents)

Re:

Application on the basis of Article 263 TFEU seeking the annulment in part of Commission Implementing Decision (EU) 2017/1144 of 26 June 2017 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 2017 L 165, p. 37), in so far as it concerns the Italian Republic.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 357, 23.10.2017.
Judgment of the General Court of 20 September 2019 –Germany v ECHA

(Case T-755/17) (1)

(REACH - Evaluation of substances - Benpat - Persistence - ECHA decision requesting further information - Article 51(6) of Regulation (EC) No 1907/2006 - Action brought before the Board of Appeal - Task of the Board of Appeal - Adversarial procedure - Nature of review - Intensity of review - Powers of the Board of Appeal - Article 93(3) of Regulation No 1907/2006 - Conferral of powers on EU agencies - Principle of conferral - Principle of subsidiarity - Proportionality - Obligation to state reasons)

(2019/C 406/35)

Language of the case: German

Parties

Applicant: Federal Republic of Germany (represented: initially by T. Henze and D. Klebs, and subsequently by D. Klebs, Agents)

Defendant: European Chemicals Agency (represented: initially by M. Heikkilä, W. Broere and C. Jacquet, and subsequently by W. Broere, C. Jacquet and L. Bolzonello Agents)

Interveners in support of the defendant: European Commission (represented by: M. Konstantinidis, R. Lindenthal and M. Noll-Ehlers, Agents), and by Envigo Consulting Ltd (Huntingdon, United Kingdom) and Djchem Chemicals Poland S.A. (Wołomin, Poland), (represented by: R. Cana, É. Mullier and H. Widemann, lawyers)

Re:

Action under Article 263 TFEU for the partial annulment of Decision A-026-2015 of the Board of Appeal of the ECHA of 8 September 2017, in so far as it partially annulled the decision of the ECHA of 1 October 2015 requiring the conduct of further testing concerning the substance benpat (CAS 68953-84-4).

Operative part of the judgment

The Court:

1. Annuls Decision A-026-2015 of the Board of Appeal of the European Chemicals Agency (ECHA) of 8 September 2017, in so far as, in point 3 of the operative part of that decision, the Board of Appeal decided that the claim concerning bioaccumulation in the statement of reasons for the ECHA decision of 1 October 2015 requiring additional testing concerning the substance benpat (CAS 68953-84-4) should be deleted;

2. Dismisses the action as to the remainder;

3. Orders the Federal Republic of Germany to bear its own costs, the costs incurred by the ECHA, and those incurred by Envigo Consulting Ltd and Djchem Chemicals Poland S.A.;

4. Orders the European Commission to pay its own costs.

(1) OJ C 32, 29.1.2018.
Judgment of the General Court of 19 September 2019 — Arysta LifeScience Netherlands v Commission

(Case T-476/17) (1)

(Plant protection products - Active substance diflubenzuron - Review of approval - Article 21 of Regulation (EC) No 1107/2009 - Rights of the defence - Ultra vires - Manifest error of assessment - Procedure for renewal of approval - Article 14 of Regulation No 1107/2009 - Imposition, in the context of the review procedure, of additional restrictions limiting the use of the active substance at issue without waiting for the outcome of the renewal procedure - Proportionality)

(2019/C 399/51)

Language of the case: English

Parties

Applicant: Arysta LifeScience Netherlands BV (Amsterdam, Netherlands) (represented by: C. Mereu and M. Grunchard, lawyers)

Defendant: European Commission (represented by: A. Lewis, I. Naglis and G. Koleva, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of Commission Implementing Regulation (EU) 2017/855 of 18 May 2017 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance diflubenzuron (OJ 2017 L 128, p. 10).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Declares that Arysta LifeScience Netherlands BV is to bear its own costs and orders it to pay those incurred by the European Commission in the present action and in the proceedings for interim measures.

(1) OJ C 357, 23.10.2017.
Judgment of the General Court of 7 November 2019 –ADDE v Parliament

(Case T-48/17) (1)

(Law governing the institutions - European Parliament - Decision declaring certain expenditure of a political party ineligible for the purposes of a grant for 2015 - Decision awarding a grant for 2017 and making provision for pre-financing at the rate of 33 % of the maximum grant amount and an obligation to provide a bank guarantee - Obligation of impartiality - Rights of the defence - Financial Regulation - Rules of application of the Financial Regulation - Regulation (EC) No 2004/2003 - Proportionality - Equal treatment)

(2019/C 432/38)

Language of the case: English

Parties

Applicant: Alliance for Direct Democracy in Europe ASBL (ADDE) (Brussels, Belgium) (represented by: initially by L. Defalque and L. Ruessmann, subsequently by M. Modrikanen and finally by Y. Rimokh, lawyers)

Defendant: European Parliament (represented by: C. Burgos and S. Alves, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking annulment, first, of the decision of the Parliament of 21 November 2016 declaring certain expenditure ineligible for the purposes of a grant for 2015 and, second, of Parliament Decision FINS-2017-13 of 12 December 2016 concerning the award of a grant to the applicant for 2017, in so far as that decision limits the pre-financing to 33 % of the maximum grant amount, subject to the provision of a bank guarantee.

Operative part of the judgment

The Court:

1. Annuls the decision of the Parliament of 21 November 2016 declaring certain expenditure ineligible for a grant in respect of financial year 2015;

2. Dismisses the application for annulment of Parliament Decision FINS-2017-13 of 12 December 2016 concerning the award of a grant to the applicant for the financial year 2017;

3. Orders Alliance for Direct Democracy in Europe ASBL and the European Parliament to bear their own costs, including those relating to the interim proceedings.

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

Judgment of the General Court of 24 September 2019 — US v ECB

(Case T-780/17) (1)

(Civil service - ECB staff - Appraisal report for 2016 - Annual salary and bonus review - Refusal to convert a fixed-term employment contract into a contract for an indefinite period - Obligation to state reasons - Manifest error of assessment)

(2019/C 413/52)

Language of the case: French

Parties

Applicant: US (represented by: L. Levi and A. Blot, lawyers)

Defendant: European Central Bank (represented by: F. von Lindeiner and M. Rötting, acting as Agents, and B. Wagenbaur, lawyer)

Re:

Application under Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union seeking, first, annulment of the applicant’s appraisal report for 2016 and the decision regarding the annual salary and bonus review for 2016 and, secondly, compensation for the harm allegedly suffered by the applicant as a result of those measures.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders US to pay the costs.

(1) OJ C 52, 12.2.2018.
Official Journal of the European Union

Judgment of the General Court of 5 October 2020 — Intermarché Casino Achats v Commission

(Case T-254/17) (1)

(Competition - Cartels - Administrative procedure - Decision ordering an inspection - Plea of illegality of Article 20 of Regulation (EC) No 1/2003 - Right to an effective remedy - Equality of arms - Obligation to state reasons - Right to inviolability of the home - Reasonable grounds - Evidence of participation in the suspected infringements - Proportionality)

(2020/C 414/50)

Language of the case: French

Parties

Applicant: Intermarché Casino Achats (Paris, France) (represented by: Y. Utzschneider and J. Jourdan, lawyers)

Defendant: European Commission (represented by: B. Mongin, A. Dawes and I. Rogalski, acting as Agents, and by F. Ninane, lawyer)

Intervener in support of the defendant: Council of the European Union (represented by: S. Boelaert, S. Petrova and O. Segnana, acting as Agents)

Re:

Application based on Article 263 TFEU for annulment of Commission Decision C(2017) 1056 final of 9 February 2017, ordering the applicant and all companies directly or indirectly controlled by it to submit to an inspection in accordance with Article 20(1) and (4) of Council Regulation (EC) No 1/2003 (Case AT.40466 — Tute 1).

Operative part of the judgment

The Court:

1. Annuls Article 1(b) of Decision C(2017) 1056 final of 9 February 2017, ordering Intermarché Casino Achats and all companies directly or indirectly controlled by it to submit to an inspection in accordance with Article 20(1) and (4) of Council Regulation (EC) No 1/2003 (Case AT.40466 — Tute 1);

2. Dismisses the action for the remainder;

3. Orders Intermarché Casino Achats, the European Commission and the Council of the European Union each to bear their own costs.

(1) OJ C 231, 17.7.2017.
Official Journal of the European Union

Judgment of the General Court of 13 May 2020 — Volotea v Commission

(Case T-607/17) (1)

(State aid - Aviation sector - Aid granted by Italy to Sardinian airports - Decision declaring the aid compatible in part and incompatible in part with the internal market - Whether imputable to the State - Recovery - Beneficiaries - Advantage to co-contracting airlines - Market economy operator principle - Selectivity - Effect on trade between Member States - Adverse effect on competition - Recovery - Legitimate expectations - Obligation to state reasons)

(2020/C 215/30)

Language of the case: English

Parties

Applicant: Volotea, SA (Barcelona, Spain) (represented by: M. Carpagnano and M. Nordmann, lawyers)

Defendant: European Commission (represented by: D. Recchia, D. Grespan and S. Noë, acting as Agents)

Re:

Application under Article 263 TFEU seeking the annulment of Commission Decision (EU) 2017/1861 of 29 July 2016 on State aid SA 33983 (2013/C) (ex 2012/NN) (ex 2011/N) — Italy — Compensation to Sardinian airports for public service obligations (SGEI) (OJ 2017 L 268, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Volotea, SA to pay the costs.

(1) OJ C 392, 20.11.2017.
Official Journal of the European Union

Judgment of the General Court of 27 October 2021 — Clean Sky 2 Joint Undertaking v Revoind Industriale di Pindaru Gelu

(Case T-269/17) (1)

(Arbitration clause - Grant agreement concluded in the framework of the Seventh Framework Programme for research and technological development including demonstration activities (2007-2013) - Non-performance of the contract - Repayment of the amounts advanced - Default interest - Procedure by default)

(2022/C 2/33)

Language of the case: English

Parties

Applicant: Clean Sky 2 Joint Undertaking (represented by: B. Mastantuono, acting as Agent, and by M. Velardo, lawyer)

Defendant: Revoind Industriale di Pindaru Gelu Sas (Rome, Italy)

Re:

Action brought under Article 272 TFEU seeking an order for Revoind Industriale di Pindaru Gelu to repay the advanced payment paid under the Grant Agreement for partners No 325954, plus accrued late payment interest.

Operative part of the judgment

The Court:

1. Orders Revoind Industriale di Pindaru Gelu Sas to pay Clean Sky 2 Joint Undertaking the amount of EUR 433 485,93, together with default interest calculated at 3,5 % per annum from 7 February 2017 and until the date of full payment of the amount due;

2. Orders Revoind Industriale di Pindaru Gelu to bear the costs.

(1) OJ C 231, 17.7.2017.
Official Journal of the European Union

Judgment of the General Court of 14 April 2021 — RQ v Commission

(Case T-29/17 RENV) (1)

(Civil service - Officials - Director-General of OLAF - Decision waiving the applicant’s immunity from legal proceedings - Obligation to state reasons - Duty of assistance and duty to have regard to the welfare of officials - Legitimate expectations - Presumption of innocence - Principle of sound administration)

(2021/C 242/22)

Language of the case: French

Parties

Applicant: RQ (represented by: É. Boigelot, lawyer)

Defendant: European Commission (represented by: K. Banks, J.-P. Keppenne and J. Baquero Cruz, acting as Agents)

Re:

Action under Article 270 TFEU for annulment of Commission Decision C(2016) 1449 final of 2 March 2016 concerning a request to waive the applicant’s immunity from legal proceedings.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders RQ to pay the entirety of the costs, including those relating to Case T-29/17 and Case C-831/18 P.

(1) OJ C 95, 27.3.2017.