do-me/EUR-LEX huggingface dataset:
Case F-80/15: Action brought on 26 May 2015 — ZZ and ZZ v Commission
Date: 2015-05-26
Institutions: Civil Service Tribunal
Subjects: pay scale, promotion, staff regulations (EU)








C_2015279EN.01005801.xml










24.8.2015   


EN


Official Journal of the European Union


C 279/58






Action brought on 26 May 2015 — ZZ and ZZ v Commission
(Case F-80/15)
(2015/C 279/74)
Language of the case: French

Parties


Applicants: ZZ and ZZ (represented by: T. Bontinck and A. Guillerme, lawyers)

Defendant: Commission

Subject-matter and description of the proceedings

A finding of the unlawfulness of Article 45 of and Annex I to the Staff Regulations of Officials and the transitional measures relating thereto, and annulment of the decisions of the Appointing Authority not to include the applicants on the list of officials promoted to grade AD 13 or AD 14 in promotion year 2014.

Form of order sought







—


Principally:






—


Find that Article 45 of the Staff Regulations and Annex I thereto, as well as the transitional measures relating thereto are unlawful;










—


Annul the decision of the Appointing Authority not to include the applicants on the list of officials promoted to grade AD 13 or AD 14 in promotion year 2014 provided for in Article 45 of the Staff Regulations;










—


Order the Commission to pay the costs;














—


In the alternative:






—


Annul the decision of the Appointing Authority not to include the applicants on the list of officials promoted to grade AD 13 or AD 14 in promotion year 2014 provided for in Article 45 of the Staff Regulations;










—


Order the Commission to pay the costs.
Case F-82/15: Action brought on 26 May 2015 — ZZ v EIB
Date: 2015-05-26
Institutions: Civil Service Tribunal
Subjects: European official, health expenditure, indemnification, interest








C_2015279EN.01005901.xml










24.8.2015   


EN


Official Journal of the European Union


C 279/59






Action brought on 26 May 2015 — ZZ v EIB
(Case F-82/15)
(2015/C 279/75)
Language of the case: Italian

Parties


Applicant: ZZ (represented by: L. Isola and G. Isola, lawyers)

Defendant: European Investment Bank

Subject-matter and description of the proceedings

The annulment, first, of the decision not to reimburse the expenses incurred by the applicant for laser treatment undergone in 2007 and, secondly, of the consecutive and connected decisions taken by the bank in 2014.

Form of order sought

The applicant claims that the Tribunal should:






—


annul the decision notified on 4 December 2014 and all measures connected, consecutive or prior to it, which certainly include the letters of the EIB of 8 January 2014, 31 January 2014, 14 February 2014, 24 February 2014, 30 April 2014 and 3 July 2014, and the opinion of 26 February 2008 of Dr M., the bank’s medical officer and the report he issued in October 2008 and, lastly, the opinion issued by Dr S. on 6 October 2014;










—


order the EIB to reimburse the sum of EUR 3  000, corresponding to the sum spent by the applicant to undergo laser treatment performed on 29 and 31 October 2007 and 21 and 23 November 2007, and to pay compensation assessed on equitable grounds for the material and non-material harm incurred, together with interest and an amount to offset inflation on the sums granted;










—


in the alternative, order the European Union to pay EUR 3  000 by way of compensation for the damage incurred by the applicant because of its ambiguous provisions, together with interest and an amount to offset inflation;










—


order the EIB and the European Union to pay, on the basis of joint and several liability, compensation assessed on equitable grounds in respect of the non-material harm incurred and to pay the costs of the proceedings.
Case T-276/15: Action brought on 26 May 2015 — Edison v OHIM — Eolus Vind (e)
Date: 2015-05-26
Institutions: General Court
Subjects: EU trade mark, energy production, registered trade mark, trade-mark law, wind energy








C_2015236EN.01004802.xml










20.7.2015   


EN


Official Journal of the European Union


C 236/48





Action brought on 26 May 2015 — Edison v OHIM — Eolus Vind (e)
(Case T-276/15)
(2015/C 236/64)
Language in which the application was lodged: English

Parties


Applicant: Edison SpA (Milan, Italy) (represented by: D. Martucci, F. Boscariol de Roberto and I. Gatto, lawyers)

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

Other party to the proceedings before the Board of Appeal: Eolus Vind AB (publ) (Hässleholm, Sweden)

Details of the proceedings before OHIM


Applicant: Applicant

Trade mark at issue: Figurative mark containing the letter ‘e’ — Application for registration No 10 420 941

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of OHIM of 24 February 2015 in Case R 2358/2013-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order OHIM to pay the costs.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation No 207/2009.
Last publications of the Court of Justice of the European Union in the Official Journal of the European Union
Date: 2015-05-26
Institutions: Court of Justice of the European Union
Subjects: Court of Justice of the European Union








C_2015171EN.01000101.xml










26.5.2015   


EN


Official Journal of the European Union


C 171/1





Last publications of the Court of Justice of the European Union in the Official Journal of the European Union

(2015/C 171/01)

Last publication


OJ C 155, 11.5.2015


Past publications


OJ C 146, 4.5.2015


OJ C 138, 27.4.2015


OJ C 127, 20.4.2015


OJ C 118, 13.4.2015


OJ C 107, 30.3.2015


OJ C 96, 23.3.2015

These texts are available on:
EUR-Lex: http://eur-lex.europa.eu
Case F-79/15: Action brought on 26 May 2015 — ZZ v ECB
Date: 2015-05-26
Institutions: Civil Service Tribunal
Subjects: damages, occupational disease








C_2015279EN.01005701.xml










24.8.2015   


EN


Official Journal of the European Union


C 279/57






Action brought on 26 May 2015 — ZZ v ECB
(Case F-79/15)
(2015/C 279/73)
Language of the case: French

Parties


Applicant: ZZ (represented by: S. Pappas, lawyer)

Defendant: European Central Bank

Subject-matter and description of the proceedings

Annulment of the decision of the European Central Bank to close the procedure for recognition of the occupational source of the applicant’s disease and claim for damages in respect of the material and non-material harm allegedly suffered.

Form of order sought







—


Annul the contested decision;










—


Order the European Central Bank to pay her EUR 30  000 in respect of the material and non-material harm suffered;










—


Order the European Central Bank to pay the costs.
Case T-270/15: Action brought on 26 May 2015 — ANKO AE v Research Executive Agency (REA)
Date: 2015-05-26
Institutions: General Court
Subjects: EU financing, contract terms, contractual liability, jurisdiction, research project, social survey








C_2015279EN.01003701.xml










24.8.2015   


EN


Official Journal of the European Union


C 279/37






Action brought on 26 May 2015 — ANKO AE v Research Executive Agency (REA)
(Case T-270/15)
(2015/C 279/46)
Language of the case: Greek

Parties


Applicant: ANKO AE Antiprosopeion, Emporiou kai Viomichanias (Athens, Greece) (represented by: V. Christianos, lawyer)

Defendant: Research Executive Agency (REA)

Form of order sought

The applicant claims that the General Court should:






—


declare that the suspension of payment which the Research Executive Agency (REA) applied with respect to the sum which it continues to owe to the applicant as its contribution to the ESS project is in breach of its contractual obligations and, consequently, ΑΝΚΟ should be paid the remaining part of its contribution, the sum of EUR 1 25  253,82, with legal interest, and










—


order the REA to pay the applicant’s costs.





Pleas in law and main arguments

With this action the applicant claims that the General Court of the European Union should, under Article 272 TFEU, declare that the suspension of payment which the Research Executive Agency applied with respect to the sum which it continues to owe to the applicant as its contribution to the ESS project in the context of the FP7 programme is in breach of its contractual obligations and, consequently, that that sum should be paid to ΑΝΚΟ, with interest from the date of lodging this action.
In particular, ΑΝΚΟ maintains that it fully and properly performed its contractual obligations. In contrast, the Research Executive Agency (REA) suspended its payments to ΑΝΚΟ, in breach of Section ΙΙ.5 (3)(d) of Annex ΙΙ to the principal agreement for the ESS project. For that reason, the Research Executive Agency (REA) continues to owe to the applicant with respect to the ESS project the sum payment of which was unlawfully suspended, namely EUR 1 25  253,82.
In particular, ΑΝΚΟ maintains that the suspension of payments by the Research Executive Agency (REA) to it with respect to the ESS project is contrary to the ESS project agreement and to EU law for the following reasons:






—


First, the Research Executive Agency (REA) unlawfully suspended payments to ΑΝΚΟ, since none of the five conditions set out in Section ΙΙ.5 (3)(d) of Annex ΙΙ to the principal agreement applies.










—


Second, the Research Executive Agency (REA) unlawfully laid down a condition, on which the suspension of payments could be terminated, for which no provision was made in the contractual documents and which is contrary to EU law.
Case F-81/15: Action brought on 26 May 2015 — ZZ and ZZ v Commission
Date: 2015-05-26
Institutions: Civil Service Tribunal
Subjects: assistant, promotion, staff regulations (EU)








C_2015262EN.01004201.xml










10.8.2015   


EN


Official Journal of the European Union


C 262/42





Action brought on 26 May 2015 — ZZ and ZZ v Commission
(Case F-81/15)
(2015/C 262/57)
Language of the case: French

Parties


Applicants: ZZ and ZZ (represented by: T. Bontinck and A. Guillerme, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

A declaration of the unlawfulness of Article 45 of and Annex I to the Staff Regulations of Officials and the annulment of the decisions of the Appointing Authority not to include the applicants on the list of officials promoted to grade AST 10 in promotion year 2014.

Form of order sought







—


Principally, declare the unlawfulness of Article 45 of the Staff Regulations and that of Annex I thereto, together with the transitional measures relating thereto;










—


Annul the decision of the Appointing Authority of 14 November 2014 not to include the applicants on the list of officials promoted to grade AST 10 in promotion year 2014 provided for in Article 45 of the Staff Regulations;










—


Order the Commission to pay the costs;










—


In the alternative, annul the decision of the Appointing Authority of 14 November 2014 not to include the applicants on the list of officials promoted to grade AST 10 in promotion year 2014 provided for in Article 45 of the Staff Regulations;










—


Order the Commission to pay the costs.
Case T-259/15: Action brought on 26 May 2015 — Close and Cegelec v Parliament
Date: 2015-05-26
Institutions: General Court
Subjects: building industry, equal treatment, principle of proportionality, public contract, transparency in decision-making








C_2015236EN.01004801.xml










20.7.2015   


EN


Official Journal of the European Union


C 236/48





Action brought on 26 May 2015 — Close and Cegelec v Parliament
(Case T-259/15)
(2015/C 236/63)
Language of the case: French

Parties


Applicants: SA Close (Harzé-Aywaille, Belgium) and Cegelec (Brussels, Belgium) (represented by: J.-M. Rikkers and J.-L. Teheux, lawyers)

Defendant: European Parliament

Form of order sought







—


Annul the decision taken on an unknown date by the European Parliament to award the public works contract concerning the ‘extension and upgrading project for the Konrad Adenauer Building in Luxembourg’ Lot 73 (energy centre), reference INLO-D-UPIL-T-14-A04, to the Association Momentanée ENERGIE-KAD (composed of the companies Mersch et Schmitz Production Sàrl and Energolux S.A.) and, accordingly, not to award the contract to the applicants.





Pleas in law and main arguments

In support of the action, the applicants rely on two pleas in law.






1.


First plea in law, alleging an infringement of the duty to state reasons and of the principle of transparency, in so far as a reading of the grounds for the rejection of the applicants’ bid and the extracts from the decision awarding the contract to the Association Momentanée ENERGIE-KAD does not enable it to be ascertained whether those tenderers satisfied the requirements of qualitative selection laid down in the contract documents.










2.


Second plea in law, alleging a manifest error of assessment and infringement of the principles of equal treatment and non-discrimination.




The applicants submit that the European Parliament committed a manifest error of assessment in awarding the contract in question to the Association Momentanée ENERGIE-KAD and that the selection criteria were not applied in accordance with the tender specifications and in compliance with the principles of transparency, proportionality, equal treatment and non-discrimination required under Article 102 of Regulation (EU, Euratom) No 966/2012 (1).


(1)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ 2012 L 298, p. 1).
Case T-295/15: Action brought on 26 May 2015 — Zhang v OHIM — K & L Ruppert Stiftung (Anna Smith)
Date: 2015-05-26
Institutions: General Court
Subjects: EU trade mark, clothing, footwear industry, jewellery and goldsmith's articles, leather, registered trade mark, textile product, trade-mark law








C_2015262EN.01003401.xml










10.8.2015   


EN


Official Journal of the European Union


C 262/34





Action brought on 26 May 2015 — Zhang v OHIM — K & L Ruppert Stiftung (Anna Smith)
(Case T-295/15)
(2015/C 262/45)
Language in which the application was lodged: German

Parties


Applicant: Yongyu Zhang (Manchester, United Kingdom) (represented by: M. Steinert, lawyer)

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

Other party to the proceedings before the Board of Appeal: K & L Ruppert Stiftung & Co. Handels-KG (Weilheim, Germany)

Details of the proceedings before OHIM


Applicant: Yongyu Zhang

Trade mark at issue: Community word mark ‘Anna Smith’ — Registration No 11 981 446

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 27 February 2015 in Case R 1559/2014-5

Form of order sought

The applicant claims that the Court should:






—


admit, after annulment of the contested decision relating to opposition proceedings No B 2 264 227 on the application for registration No 11 981 446 of 12 July 2013, the word mark Anna Smith as a Community trade mark for Classes 18 and 25, as per the application.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation No 207/2009.