do-me/EUR-LEX huggingface dataset:
Case T-563/12: Action brought on 26 December 2012 — Central Bank of Iran v Council
Date: 2012-12-26
Institutions: General Court
Subjects: Iran, economic sanctions, fundamental rights, international sanctions, ownership, right to justice, rights of the defence








C_2013055EN.01002101.xml










23.2.2013   


EN


Official Journal of the European Union


C 55/21





Action brought on 26 December 2012 — Central Bank of Iran v Council
(Case T-563/12)
2013/C 55/37
Language of the case: English

Parties


Applicant: Central Bank of Iran (Tehran, Iran) (represented by: M. Lester, Barrister)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


Annul Council Decision 2012/635/CFSP of 15 October 2012 (1) and Council Implementing Regulation (EU) No 945/2012 of 15 October 2012 (2), in so far as those measure apply to the applicant;










—


Order the defendant to pay the applicant’s costs.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea in law, alleging that none of the legal criteria for listing the applicant is fulfilled, the Council erred manifestly in considering that any of the criteria for listing was fulfilled, and there is no valid legal basis for its designation.










2.


Second plea in law, alleging that the Council has failed to give adequate or sufficient reasons for including the applicant in the contested measures.










3.


Third plea in law, alleging that the Council has failed to safeguard the applicant’s rights of defence and to effective judicial review.










4.


Fourth plea in law, alleging that the Council’s decision to designate the applicant has infringed, without justification or proportion, the applicant’s fundamental rights, including its right to protection of its property, business, and reputation.






(1)  Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 282, p. 58)

(2)  Council Implementing Regulation (EU) No 945/2012 of 15 October 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2012 L 282, p. 16)
Case F-160/12: Action brought on 26 December 2012 — ZZ v European Commission
Date: 2012-12-26
Institutions: Civil Service Tribunal
Subjects: EPSO, administrator, admission to examinations, competition (EU), diploma








C_2013063EN.01002603.xml










2.3.2013   


EN


Official Journal of the European Union


C 63/26





Action brought on 26 December 2012 — ZZ v European Commission
(Case F-160/12)
2013/C 63/53
Language of the case: Spanish

Parties


Applicant(s): ZZ (represented by: F. A. Rodriguez-Gigirey Perez, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision to exclude the applicant from the reserve list of competition EPSO/AD/206-207/11-AD5/AD7.

Form of order sought







—


A declaration that the diploma accompanying the applicant’s candidature fulfils the requirements set out in the official notice of Open Competition EPSO/AD/206-207/11- AD5/AD7 - Administrators;










—


Annulment of the decision notified to the applicant on 29 September 2012, issued by the Competent Authority, dismissing the applicant’s claim in relation to the validity of his university diploma for admission to the open competition;










—


Accordingly, a declaration of the applicant’s right to be included on the reserve list for the filling of posts relating to competition EPSO/AD/206-207/11- AD5/AD7 – Administrators, in the field of economics, Official Journal C 82 A of 16 March 2011, with a sufficient period of validity, equivalent to that of those candidates who were initially included, including reopening that list in the event that it is closed on the date judgment is delivered;










—


Order that the defendant pay the costs.
Case T-549/12: Action brought on 26 December 2012 — Nemeco/OHIM — Coca-Cola (NU)
Date: 2012-12-26
Institutions: General Court
Subjects: EU trade mark, beverage industry, registered trade mark, trade-mark law








C_2013063EN.01002102.xml










2.3.2013   


EN


Official Journal of the European Union


C 63/21





Action brought on 26 December 2012 — Nemeco/OHIM — Coca-Cola (NU)
(Case T-549/12)
2013/C 63/42
Language in which the application was lodged: English

Parties


Applicant: Nemeco (Paris, France) (represented by: E. Gaspar, lawyer)

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

Other party to the proceedings before the Board of Appeal: The Coca-Cola Company (Atlanta, United States)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision rendered by the Second Board of Appeal of the Office for Harmonisation in the Internal Marked (Trade Marks and Designs) (OHIM) on October 16, 2012 (Case No. R 266/2012-2);










—


Order OHIM to bear its own costs and to pay Nemeco’s costs.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘NU’, for goods in class 32 — International Registration No 1 033 122 designating the European Union

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark registration No 5386081 of the word mark ‘NU YU’, for goods in classes 29, 30 and 32

Decision of the Opposition Division: Upheld the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.
Case T-564/12: Action brought on 26 December 2012 — Ministry of Energy of Iran v Council
Date: 2012-12-26
Institutions: General Court
Subjects: Iran, economic sanctions, fundamental rights, international sanctions, ownership, right to justice, rights of the defence








C_2013055EN.01002102.xml










23.2.2013   


EN


Official Journal of the European Union


C 55/21





Action brought on 26 December 2012 — Ministry of Energy of Iran v Council
(Case T-564/12)
2013/C 55/38
Language of the case: English

Parties


Applicant: Ministry of Energy of Iran (Tehran, Iran) (represented by: M. Lester, Barrister)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


Annul Council Decision 2012/635/CFSP of 15 October 2012 (1) and Council Implementing Regulation (EU) No 945/2012 of 15 October 2012 (2), in so far as those measure apply to the applicant;










—


Order the defendant to pay the applicant’s costs.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea in law, alleging that none of the legal criteria for listing the applicants is fulfilled, the Council erred manifestly in considering that any of the criteria for listing was fulfilled, and its designation is based on a manifest error of fact.










2.


Second plea in law, alleging that the Council has failed to give adequate or sufficient reasons for including the applicant in the contested measures.










3.


Third plea in law, alleging that the Council has failed to safeguard the applicant’s rights of defence and to effective judicial review.










4.


Fourth plea in law, alleging that the Council’s decision to designate the applicant has infringed, without justification or proportion, the applicant’s fundamental rights, including its right to protection of its property, business, and reputation.






(1)  Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 282, p. 58)

(2)  Council Implementing Regulation (EU) No 945/2012 of 15 October 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2012 L 282, p. 16)
Case F-159/12: Action brought on 26 December 2012 — ZZ v ECDC
Date: 2012-12-26
Institutions: Civil Service Tribunal
Subjects: European civil service, dismissal, interest








C_2013063EN.01002602.xml










2.3.2013   


EN


Official Journal of the European Union


C 63/26





Action brought on 26 December 2012 — ZZ v ECDC
(Case F-159/12)
2013/C 63/52
Language of the case: English

Parties


Applicant: ZZ (represented by: V. Kolias, lawyer)

Defendant: European Center for Disease Prevention and Control (ECDC)

Subject-matter and description of the proceedings

The annulment of the decision to dismiss the applicant and the order to re-instate him in the service and pay him the difference between all the emoluments he would have received from the date of effect of the contested decision and the monetary compensation he has received.

Form of order sought







—


Annul the contested decision of ECDC of 24.2.2012 to dismiss the applicant, so that, in order to comply with such judgment, ECDC shall be required under Article 266 TFEU to re-instate him in the service and pay him all emoluments he would have received from the date of effect of the contested decision together with default interest at the rate laid down by the European Central Bank for its main refinancing operations applicable during the period concerned, increased by two percentage points, minus the monetary compensation he has received and the unemployment allowance he will until his re-instatement have received;










—


annul the letter of 18.9.2012 from the Head of ECDC’s OCS Unit rejecting the applicant’s administrative complaint against the contested decision, insofar as said letter may produce autonomous legal effects;










—


order ECDC to pay all the costs.