ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 296/44

Order of the Civil Service Tribunal (3rd Chamber) of 30 June 2016 — Kaufmann v Commission

(Case F-69/15)

((Civil service - Social security - Joint Sickness Insurance Scheme - Home nurse services - Prior authorisation - Conditions - Obligation to use service-providers with legal authorisation to provide home nurse or ‘nursing’ services - Principle of non-discrimination - Principle of protection of legitimate expectations - Duty to have regard for the welfare of officials - Limits - Action manifestly lacking any legal basis - Direction to the administration - Manifest inadmissibility - Article 81 of the Rules of Procedure))

(2016/C 296/54)

Language of the case: French

Parties

Applicant: Sandra Kaufmann (Böhl-Iggelheim, Germany) (represented by: F. Turk, lawyer)

Defendant: European Commission (represented by: T.S. Bohr and C. Ehrbar, Agents)

Re:

Application for annulment of the Commission’s decision not to grant a former official, of whom the applicant is the legal successor, prior authorisation for entitlement to the services of a home nurse, and an application for the applicant to be granted the sums to cover payment of the home nurse services provided by the company concerned, with effect as of 1 January 2014.

Operative part of the order

1. The action is dismissed as in part manifestly inadmissible and in part manifestly unfounded.
Case T-183/03

Applied Molecular Evolution, Inc.

v

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Community trade mark – Word mark APPLIED MOLECULAR EVOLUTION – Absolute grounds for refusal – Article 7(1)(c) of Regulation (EC) No 40/94 – Descriptive sign)

Judgment of the Court of First Instance (Second Chamber), 14 September 2004

Summary of the Judgment

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of the goods – Word mark ‘APPLIED MOLECULAR EVOLUTION’

(Council Regulation No 40/94, Art. 7(1)(c))

From the point of view of the relevant public, which is composed of the relevant specialist consumers in the field of protein engineering, the word mark APPLIED MOLECULAR EVOLUTION may serve to designate, within the meaning of Article 7(1)(c) of Regulation 40/94 on the Community trade mark, one of the essential services referred to in the trade mark application.

The relevant public, which is particularly well informed, will be able, without special effort, to associate the words ‘molecular evolution’ with the field of genetic material, a field included in the services claimed. The word ‘applied’ reinforces the descriptiveness of those words. The fact that the words can have another connotation does not mean that they are not descriptive in relation to the services claimed. Furthermore, as the word mark at issue as a whole is composed of a combination of words that conforms to English syntax, the association of those words cannot diminish their descriptiveness.

(see paras 23, 27-28)
Judgment of the General Court of 5 February 2020 — Globalia Corporación Empresarial v EUIPO — Touring Club Italiano (TC Touring Club)

(Case T-44/19) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark TC Touring Club - Earlier EU word mark TOURING CLUB ITALIANO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Genuine use of the earlier mark - Article 47(2) of Regulation 2017/1001 - Additional evidence that was submitted for the first time before the Board of Appeal - Article 95(2) of Regulation 2017/1001 - Cross-claim)

(2020/C 95/34)

Language of the case: English

Parties

Applicant: Globalia Corporación Empresarial, SA (Llucmajor, Spain) (represented by: A. Gómez López, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Kusturovic, J.F. Crespo Carrillo and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Touring Club Italiano (Milan, Italy) (represented by: G. Guglielmetti, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 9 November 2018 (Case R 448/2018-4), relating to opposition proceedings between Touring Club Italiano and Globalia Corporación Empresarial.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Dismisses the cross-claim as inadmissible;

3. With regard to the main action, orders Globalia Corporación Empresarial, SA, to pay the costs, including those incurred by Touring Club Italiano for the purposes of the proceedings before the Board of Appeal;

4. With regard to the cross-claim, orders Touring Club Italiano to bear its own costs and to pay the costs incurred by Globalia Corporación Empresarial and by EUIPO.

(1) OJ C 93, 11.3.2019.
EN Official Journal of the European Union C 194/38

Order of the General Court of 5 May 2014 — Volkswagen v OHIM (StartUp)

(Case T-156/14) (1)

2014/C 194/55

Language of the case: German

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

(1) OJ C 135, 5.5.2014.
EN Official Journal of the European Union C 409/44

Order of the President of the General Court of 18 September 2014 — Frucona Košice v Commission

(Case T-103/14 R II)

((Application for interim measures - State aid - Alcohol and spirits - Cancellation of a tax debt in a collective bankruptcy procedure - Decision declaring the aid incompatible with the internal market and ordering its recovery - Application for suspension of operation of a measure - Lack of any urgency - Prima facie case not made out))

2014/C 409/63

Language of the case: English

Parties

Applicant: Frucona Košice a.s., Košice (Slovakia), represented by K. Lasok QC, B. Hartnett and J. Holmes, Barristers, and O. Geiss, lawyer,

Defendant: European Commission (represented by: L. Armati, P. J. Loewenthal and K. Walkerová, acting as Agents)

Re:

Application for suspension of the operation of Commission Decision C(2013) 6261 final of 16 October 2013 on State aid SA.18211 (C 25/2005) (ex NN 21/2005), implemented by the Slovak Republic for Frucona Košice a.s., in so far as it orders the Slovak Republic to recover the aid.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 329/16

Order of the President of the General Court of 10 June 2014 — Friedrich Wilhelms-Hütte Eisenguss v Commission

(Case T-178/14 R)

((Interim measures - State aid - National promotion of electricity production from a renewable source - Commission decision to open formal investigation procedure into State aid - Application for suspension of operation of a measure - Urgency - Fumus boni juris))

2014/C 329/21

Language of the case: German

Parties

Applicant: Friedrich Wilhelms-Hütte Eisenguss GmbH (Mullheim an der Ruhr, Germany) (represented by: H. Hofler, C. Kahle and V. Winkler, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and R. Sauer, Agents)

Re:

Application for suspension of the legal effects of the decision by which the Commission opened a formal investigation procedure in respect of State aid concerning the German law on renewable energy.

Operative part of the order

1. The application for interim measures is dismissed.

2. The judgment in Case T-178/14 R Friedrich Wilhelms-Hütte Eisenguss v Commission is set aside.
EN Official Journal of the European Union C 26/35

Order of the President of the General Court of 28 November 2014 — Airport Handling v Commission

(Case T-688/14 R)

((Application for interim measures - State aid - Obligation to recover aid granted by the public operator of an airport to a subsidiary company responsible for management services - Subsidiary company put into liquidation - Setting up of a new company responsible for management services - Commission decision to initiate the State aid formal investigation procedure in order to examine whether there is an economic continuity between the two companies - Application for suspension of operation of a measure - Manifest inadmissibility of the main action - Inadmissibility - Lack of urgency))

(2015/C 026/44)

Language of the case: Italian

Parties

Applicant: Airport Handling SpA (Somma Lombardo, Italy) (represented by: R. Cafari Panico and F. Scarpellini, lawyers)

Defendant: European Commission (represented by: S. Noë and G. Conte, acting as Agents)

Re:

Application for interim measures seeking, in essence, suspension of the operation of Commission Decision C (2014) 4537 final of 9 July 2014 to initiate the formal investigation procedure under Article 108(2) TFEU concerning the setting up of the company Airport Handling (SA.21420 (2014/NN) — Italy — Setting up of Airport Handling).

Operative part of the order

1. The application for interim measures is rejected.

2. The Order of 29 September 2014 delivered in Case T-688/14 R is cancelled.
EN Official Journal of the European Union C 431/28

Order of the President of the General Court of 4 September 2014 — Michelin Reifenwerke v Commission

(Case T-301/14 R)

((Application for interim measures - State aid - National support for the generation of renewable electricity - Commission decision to open the State aid formal investigation procedure - Application for suspension of operation of a measure - Prima facie case))

(2014/C 431/49)

Language of the case: German

Parties

Applicant: Michelin Reifenwerke AG & Co. KGaA (Karlsruhe, Germany) (represented by: T. Volz and B. Wißmann, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and R. Sauer, Agents)

Re:

Application to suspend the legal effects of the decision by which the Commission opened the State aid formal investigation procedure concerning the German law on renewable energy.

Operative part of the order

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

Order of the General Court of 9 February 2015 — Spain v Commission

(Case T-657/14) (1)

(2015/C 107/52)

Language of the case: Spanish

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

(1) OJ C 380, 27.10.2014.
EN Official Journal of the European Union C 56/24

Order of the President of the General Court of 5 December 2014 — AF Steelcase v OHIM

(Case T-652/14 R)

((Interim measures - Public procurement - Supply and installation of furniture - Rejection of a submitted tender - Application for suspension of operation - No prima facie case))

(2015/C 056/34)

Language of the case: Spanish

Parties

Applicant: AF Steelcase, SA (Madrid, Spain) (represented by: S. Rodríguez Bajón, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: N. Bambara and M. Paolacci, acting as Agents)

Re:

Application for interim measures seeking, essentially, suspension of the decision of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 8 July 2014 rejecting the tender submitted by the applicant in the context of the tender procedure concerning the supply and installation of furniture and accessories in OHIM’s buildings.

Operative part of the order

1. The application for interim measures is dismissed.
EN Official Journal of the European Union C 155/38

Order of the General Court of 16 March 2015 — Vattenfall Europe Mining and Others v Commission

(Case T-260/14) (1)

(2015/C 155/46)

Language of the case: German

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

(1) OJ C 223, 14.7.2014.
EN Official Journal of the European Union C 155/38

Order of the General Court of 16 March 2015 — Styron Deutschland v Commission

(Case T-271/14) (1)

(2015/C 155/48)

Language of the case: German

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

(1) OJ C 223, 14.7.2014.
EN Official Journal of the European Union C 228/26

Order of the General Court of 12 May 2015 — EEB v Commission

(Case T-462/14) (1)

(2015/C 228/37)

Language of the case: English

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

(1) OJ C 315, 15.9.2014.
EN Official Journal of the European Union C 213/41

Order of the General Court of 4 May 2015 — Spain v Commission

(Case T-25/14) (1)

(2015/C 213/67)

Language of the case: Spanish

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

(1) OJ C 61, 1.3.2014.
EN Official Journal of the European Union C 294/59

Order of the General Court of 9 June 2015 — Kronotex and Kronoply v Commission

(Case T-236/14) (1)

((State aid - Measures adopted by Germany in favour of electricity generated from renewable energy sources and of energy-intensive undertakings - Decision to open the procedure under Article 108(2) TFEU - Adoption of the final decision after the action was brought - No need to adjudicate))

(2015/C 294/71)

Language of the case: German

Parties

Applicants: Kronotex GmbH & Co. KG (Heiligengrabe, Germany); and Kronoply GmbH (Heiligengrabe, Germany) (represented by: H. Janssen and G.-R. Engel, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and R. Sauer, acting as Agents, and by A. Luke and C. Maurer, lawyers)

Re:

Application to annul in part Commission decision C (2013) 4424 final of 18 December 2013 to open the procedure under Article 108(2) TFEU regarding measures implemented by the Federal Republic of Germany in favour of renewable electricity and of energy-intensive users (State aid SA.33995 (2013/C) (ex 2013/NN)).

Operative part of the order

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

2. There is no longer any need to adjudicate on the application for intervention submitted by the EFTA Surveillance Authority.

3. Kronetex GmbH & Co. KG and Kronoply GmbH shall bear their own costs and those incurred by the European Commission.

4. The EFTA Surveillance Authority shall bear its own costs.

(1) OJ C 223, 14.7.2014.
EN Official Journal of the European Union C 245/24

Order of the General Court of 22 May 2015 — Erbslöh v Commission

(Case T-296/14) (1)

((State aid - Measures adopted by Germany in favour of electricity generated from renewable energy sources and of energy-intensive undertakings - Decision to open the procedure under Article 108(2) TFEU - Adoption of the final decision after the action was brought - No need to adjudicate))

(2015/C 245/28)

Language of the case: German

Parties

Applicant: Erbslöh AG (Velbert, Germany) (represented by: T. Volz, M. Ringel, B. Wißmann, M. Püstow, C. Oehme and T. Wielsch, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and R. Sauer, acting as Agents, and by A. Luke and C. Maurer, lawyers)

Re:

Application to annul in part Commission decision C (2013) 4424 final of 18 December 2013 to open the procedure under Article 108(2) TFEU regarding measures implemented by the Federal Republic of Germany in favour of renewable electricity and of energy-intensive users (State aid SA.33995 (2013/C) (ex 2013/NN)).

Operative part of the order

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

2. There is no longer any need to adjudicate on the application for intervention submitted by the EFTA Surveillance Authority.

3. Erbslöh AG shall bear its own costs and those incurred by the European Commission, including those relating to the proceedings for interim measures.

4. The EFTA Surveillance Authority shall bear its own costs.

(1) OJ C 223, 14.7.2014.
EN Official Journal of the European Union C 294/65

Order of the General Court of 9 June 2015 — Fels-Werke v Commission

(Case T-281/14) (1)

((State aid - Measures adopted by Germany in favour of electricity generated from renewable energy sources and of energy-intensive undertakings - Decision to open the procedure under Article 108(2) TFEU - Adoption of the final decision after the action was brought - No need to adjudicate))

(2015/C 294/79)

Language of the case: German

Parties

Applicant: Fels-Werke GmbH (Goslar, Germany) (represented by: C. Arhold, N. Wimmer, F.-A. Wesche, L. Petersen and T. Woltering lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and R. Sauer, acting as Agents, and by C. von Donat and G. Quardt, lawyers)

Re:

Application to annul in part Commission decision C (2013) 4424 final of 18 December 2013 to open the procedure under Article 108(2) TFEU regarding measures implemented by the Federal Republic of Germany in favour of renewable electricity and of energy-intensive users (State aid SA.33995 (2013/C) (ex 2013/NN)).

Operative part of the order

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

2. There is no longer any need to adjudicate on the application for intervention submitted by the EFTA Surveillance Authority.

3. Fels-Werke GmbH shall bear its own costs and those incurred by the European Commission.

4. The EFTA Surveillance Authority shall bear its own costs.

(1) OJ C 223, 14.7.2014.
EN Official Journal of the European Union C 294/56

Order of the General Court of 9 June 2015 — Schmiedewerke Gröditz v Commission

(Case T-179/14) (1)

((State aid - Measures adopted by Germany in favour of electricity generated from renewable energy sources and of energy-intensive undertakings - Decision to open the procedure under Article 108(2) TFEU - Adoption of the final decision after the action was brought - No need to adjudicate))

(2015/C 294/67)

Language of the case: German

Parties

Applicant: Schmiedewerke Gröditz GmbH (Gröditz, Germany) (represented by: H. Höfler, C. Kahle and V. Winkler, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and R. Sauer, acting as Agents, and by C. Renner, lawyer)

Intervener in support of the defendant: EFTA Surveillance Authority (represented by: initially X. Lewis, M. Schneider and G. Mathisen, then X. Lewis, M. Schneider, M. Moustakali and C. Perrin, acting as Agents)

Re:

Application to annul in part Commission decision C (2013) 4424 final of 18 December 2013 to open the procedure under Article 108(2) TFEU regarding measures implemented by the Federal Republic of Germany in favour of renewable electricity and of energy-intensive users (State aid SA.33995 (2013/C) (ex 2013/NN)).

Operative part of the order

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

2. There is no longer any need to adjudicate on the applications for intervention submitted by Flachglas Torgau GmbH and Saint-Gobain Isover G+H AG, by Kronotex GmbH & Co. KG and Kronoply GmbH, by Bayer MaterialScience AG, by Sabic Polyolefine GmbH, by Ineos Manufacturing Deutschland GmbH, Ineos Phenol GmbH and Ineos Vinyls Deutschland GmbH, and by Advansa GmbH, Akzo Nobel Industrial Chemicals GmbH, Aurubis AG, CBW Chemie GmbH, CFB Chemische Fabrik Brunsbüttel GmbH & Co. KG, Clariant Produkte (Deutschland) GmbH, Dralon GmbH, Hahl Filaments GmbH, Messer Produktionsgesellschaft mbH Siegen, Messer Produktionsgesellschaft mbH Salzgitter, Nabaltec AG, Siltronic AG and Wacker Chemie AG.

3. Schmiedewerke Gröditz GmbH shall bear its own costs and those incurred by the European Commission, including those relating to the proceedings for interim measures.

4. The EFTA Surveillance Authority shall bear its own costs.

(1) OJ C 142, 12.5.2014.
EN Official Journal of the European Union C 381/37

Order of the General Court of 14 September 2015 — Slovakia v Commission

(Case T-779/14) (1)

((Action for annulment - Own resources of the European Union - Financial responsibility of the Member States - Obligation to pay the Commission the amount corresponding to a loss of own resources - Letter from the Commission - Act not open to challenge - Inadmissibility))

(2015/C 381/43)

Language of the case: Slovak

Parties

Applicant: Slovak Republic (represented by: B. Ricziová, acting as Agent)

Defendant: European Commission (represented by: L. Grønfeldt, A. Tokár and M. Wasmeier, acting as Agents)

Re:

Action for the annulment of the alleged decision of the Directorate-General for Budget of the Commission, contained in letter BUDG/B/03MV D (2014) 3139078 of 24 September 2014, by which the Commission formally demanded the Slovak Republic to make funds available to the Commission for the gross amount of EUR 1 4 53 723,12 (of which 25 % should be deducted to cover expense incurred in collection) corresponding to a loss of traditional own resources, at the latest by the first working day following the 19th day of the second month after the letter was sent.

Operative part of the order

The Court:

1. Dismisses the action.

2. Holds that there is no need to rule on the applications for leave to intervene of the Federal Republic of Germany and Romania.

3. Orders the Slovak Republic to bear its own costs and to pay those incurred by the European Commission.

4. Orders the Slovak Republic, the Commission, the Federal Republic of Germany and Romania each to bear their own costs relating to the applications for leave to intervene.

(1) OJ C 89, 16.3.2015.
EN Official Journal of the European Union C 311/47

Order of the General Court of 24 June 2015 — Wm. Wrigley Jr. v OHIM (Representation of a blue sphere)

(Case T-626/14) (1)

((Community trade mark - Application for Community figurative mark representing a blue sphere - Absolute grounds for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Action manifestly lacking any foundation in law))

(2015/C 311/52)

Language of the case: English

Parties

Applicant: Wm. Wrigley Jr. Company (Wilmington, Delaware, United States) (represented by: M. Kinkeldey, S. Brandstätter and C. Schmitt, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carillo, acting as Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 17 June 2014 (Case R 169/2014-5) relating to an application for registration of a figurative sign representing a blue sphere as a Community trade mark.

Operative part of the order

1. The action is dismissed.

2. Wm. Wrigley Jr. Company shall pay the costs.

(1) OJ C 351, 6.10.2014.
EN Official Journal of the European Union C 381/32

Order of the General Court of 14 September 2015 — Slovenia v Commission

(Case T-585/14) (1)

((Action for annulment - Own resources of the European Union - Financial responsibility of the Member States - Obligation to pay the Commission the amount corresponding to a loss of own resources - Letter from the Commission - Act not open to challenge - Inadmissibility))

(2015/C 381/35)

Language of the case: Slovenian

Parties

Applicant: Republic of Slovenia (represented by: L. Bembič, acting as Agent)

Defendant: European Commission (represented by: P. Ondrůšek, M. Wasmeier and M. Žebre, acting as Agents)

Re:

Application for the annulment of the alleged decision of the Directorate-General for Budget of the European Commission, contained in letter BUDG/B/03MV D (2014) 1782918 of 2 June 2014, in which, the latter found, first, that the Republic of Slovenia was financially responsible for the loss of traditional own resources for the budget of the European Union relating to the issue of a sugar import licence in respect of the calendar year 2011 and, second, that that Member State should make available to the EU budget an amount equivalent to the loss of traditional own resources.

Operative part of the order

1. The action is dismissed.

2. There is no need to rule on the applications for leave to intervene of the Portuguese Republic and the Kingdom of Spain.

3. The Republic of Slovenia is ordered to bear its own costs and pay those incurred by the European Commission.

4. The Republic of Slovenia, the Commission, the Portuguese Republic and the Kingdom of Spain shall each bear their own costs relating to the applications for leave to intervene.

(1) OJ C 372, 20.10.2014.