do-me/EUR-LEX huggingface dataset:
Case C-280/14 P: Judgment of the Court (Fifth Chamber) of 3 December 2015 — Italian Republic v European Commission (Appeal — Regional policy — Regional operational programme (ROP) Puglia (Italy) covered by objective No 1 (2000-2006) — Reduction of the Community financial assistance initially granted by the European Regional Development Fund)
Date: 2015-12-03
Institutions: Court of Justice
Subjects: Apulia, European Regional Development Fund, financial aid, operational programme








C_2016038EN.01000402.xml










1.2.2016   


EN


Official Journal of the European Union


C 38/4





Judgment of the Court (Fifth Chamber) of 3 December 2015 — Italian Republic v European Commission
(Case C-280/14 P) (1)

((Appeal - Regional policy - Regional operational programme (ROP) Puglia (Italy) covered by objective No 1 (2000-2006) - Reduction of the Community financial assistance initially granted by the European Regional Development Fund))
(2016/C 038/05)
Language of the case: Italian

Parties


Appellant: Italian Republic (represented by: G. Palmieri, acting as Agent, and by P. Gentili, avvocato dello Stato)

Other party to the proceedings: European Commission (represented by: D. Recchia and A. Steiblytė, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders the Italian Republic to pay the costs.






(1)  OJ C 315, 15.9.2014.
Case T-343/13: Judgment of the General Court of 3 December 2015 — CN v Parliament (Non-contractual liability — Petition addressed to the Parliament — Dissemination on the Parliament website of certain personal data — No sufficiently serious breach of a rule of law conferring rights on individuals)
Date: 2015-12-03
Institutions: General Court
Subjects: data protection, dissemination of information, open access publishing, personal data, petition








C_2016027EN.01003301.xml










25.1.2016   


EN


Official Journal of the European Union


C 27/33





Judgment of the General Court of 3 December 2015 — CN v Parliament
(Case T-343/13) (1)

((Non-contractual liability - Petition addressed to the Parliament - Dissemination on the Parliament website of certain personal data - No sufficiently serious breach of a rule of law conferring rights on individuals))
(2016/C 027/37)
Language of the case: Italian

Parties


Applicant: CN (Brumath, France) (represented by: M. Velardo, lawyer)

Defendant: European Parliament (represented by: N. Lorenz and S. Seyr, acting as Agents)

Intervener in support of the applicant: European Data Protection Supervisor (EDPS) (represented initially by A. Buchta and V. Pozzato, then by A. Buchta, M. Pérez Asinari, F. Polverino, M. Guglielmetti and U. Kallenberger, acting as Agents)

Re:

Application for damages to compensate for the loss allegedly suffered by the applicant following the dissemination on the Parliament website of certain personal data relating to the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders CN to pay the costs of the European Parliament and to bear his own costs;










3.


Orders the European Data Protection Supervisor (EDPS) to bear his own costs.






(1)  OJ C 245, 24.8.2013.
Case F-37/13: Order of the Civil Service Tribunal of 3 December 2015 — Macchia v Commission
Date: 2015-12-03
Institutions: Civil Service Tribunal
Subjects: European Anti-fraud Office, indemnification, servant (EU), temporary employment, work contract








C_2016027EN.01007901.xml










25.1.2016   


EN


Official Journal of the European Union


C 27/79





Order of the Civil Service Tribunal of 3 December 2015 — Macchia v Commission
(Case F-37/13) (1)

(2016/C 027/102)
Language of the case: French
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 207, 20/7/2013, p. 59.
Prior notification of a concentration (Case M.7837 — The Goldman Sachs Group/The Wellcome Trust) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2015-12-03
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, provision of services, student residence








C_2015401EN.01000601.xml










3.12.2015   


EN


Official Journal of the European Union


C 401/6





Prior notification of a concentration
(Case M.7837 — The Goldman Sachs Group/The Wellcome Trust)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 401/06)






1.


On 27 November 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which The Goldman Sachs Group, Inc. (‘Goldman Sachs’, United Kingdom) and The Wellcome Trust Limited (‘Wellcome’, United Kingdom) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of JVco (Luxembourg) by way of purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:
—   for Goldman Sachs: a range of banking, securities and investment services worldwide to a substantial and diversified client base that includes corporations, financial institutions, governments and high-net-wort individuals,
—   for Wellcome: Managing an investment portfolioto provide the income for funding its central aim of achieving improvements in human and animal health,
—   for JVco: combining the relevant Goldman Sachs and Wellcome Trust owned student accommodation businesses in the UK, branded ‘Prodigy Living’ and ‘iQ Students’ respectively.










3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7837 — The Goldman Sachs Group/The Wellcome Trust, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.
Case C-82/15 P: Judgment of the Court (Eighth Chamber) of 3 December 2015 — PP Nature-Balance Lizenz GmbH v European Commission Appeal — Medicinal products for human use — Directive 2001/83/EC — Articles 31 and 116 — Commission decision ordering the Member States to withdraw or amend national marketing authorisations for medicinal products for human use containing the active substance ‘tolpérisone’
Date: 2015-12-03
Institutions: Court of Justice
Subjects: market approval, medicinal product, pharmaceutical legislation, public health








C_2016038EN.01001101.xml










1.2.2016   


EN


Official Journal of the European Union


C 38/11





Judgment of the Court (Eighth Chamber) of 3 December 2015 — PP Nature-Balance Lizenz GmbH v European Commission
(Case C-82/15 P) (1)

(Appeal - Medicinal products for human use - Directive 2001/83/EC - Articles 31 and 116 - Commission decision ordering the Member States to withdraw or amend national marketing authorisations for medicinal products for human use containing the active substance ‘tolpérisone’)
(2016/C 038/14)
Language of the case: German

Parties


Appellant: PP Nature-Balance Lizenz GmbH (represented by: M. Ambrosius, Rechtsanwalt)

Other party to the proceedings: European Commission (represented by: B.-R. Killmann, A. Sipos and M. Šimerdová, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders PP Nature-Balance Lizenz GmbH to pay the costs.






(1)  OJ C 127, 20.4.2015.
Corrigendum to Directive 97/55/EC of the European Parliament and of the Council of 6 October 1997 amending Directive 84/450/EEC concerning misleading advertising so as to include comparative advertising (OJ L 290, 23.10.1997)
Date: 2015-12-03
Institutions: Council of the European Union, European Parliament
Subjects: advertising malpractice, application of EU law, consumer protection, dissemination of information








L_2015317EN.01004201.xml










3.12.2015   


EN


Official Journal of the European Union


L 317/42







Corrigendum to Directive 97/55/EC of the European Parliament and of the Council of 6 October 1997 amending Directive 84/450/EEC concerning misleading advertising so as to include comparative advertising

(
Official Journal of the European Union L 290 of 23 October 1997
)


On page 20, Article 1, introductory phrase:
for:


                  ‘Directive 94/450/EEC is hereby amended as follows:’,

read:


                  ‘Directive 84/450/EEC is hereby amended as follows:’.
Euro exchange rates
Date: 2015-12-03
Institutions: European Commission
Subjects: euro, exchange rate








C_2015401EN.01000201.xml










3.12.2015   


EN


Official Journal of the European Union


C 401/2





Euro exchange rates (1)

2 December 2015
(2015/C 401/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0612




JPY


Japanese yen


130,70




DKK


Danish krone


7,4592




GBP


Pound sterling


0,70590




SEK


Swedish krona


9,2132




CHF


Swiss franc


1,0880




ISK


Iceland króna


 




NOK


Norwegian krone


9,1405




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,024




HUF


Hungarian forint


311,23




PLN


Polish zloty


4,2728




RON


Romanian leu


4,4573




TRY


Turkish lira


3,0605




AUD


Australian dollar


1,4489




CAD


Canadian dollar


1,4204




HKD


Hong Kong dollar


8,2247




NZD


New Zealand dollar


1,5945




SGD


Singapore dollar


1,4960




KRW


South Korean won


1 234,96




ZAR


South African rand


15,2134




CNY


Chinese yuan renminbi


6,7903




HRK


Croatian kuna


7,6410




IDR


Indonesian rupiah


14 646,10




MYR


Malaysian ringgit


4,4905




PHP


Philippine peso


50,034




RUB


Russian rouble


71,0589




THB


Thai baht


38,004




BRL


Brazilian real


4,0884




MXN


Mexican peso


17,5353




INR


Indian rupee


70,6171






(1)  Source: reference exchange rate published by the ECB.
Case T-127/14 P: Judgment of the General Court of 3 December 2015 — Sesma Merino v OHIM (Appeal — Civil Service — Officials — Appraisal — Staff report — Objectives 2011-2012 — Measure adversely affecting a person — Admissibility)
Date: 2015-12-03
Institutions: General Court
Subjects: European official, damages, indemnification, staff assessment








C_2016027EN.01004302.xml










25.1.2016   


EN


Official Journal of the European Union


C 27/43





Judgment of the General Court of 3 December 2015 — Sesma Merino v OHIM
(Case T-127/14 P) (1)

((Appeal - Civil Service - Officials - Appraisal - Staff report - Objectives 2011-2012 - Measure adversely affecting a person - Admissibility))
(2016/C 027/52)
Language of the case: German

Parties


Appellant: Alvaro Sesma Merino (El Campello, Spain) (represented by: H. Tettenborn, lawyer)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Saba and D. Botis, acting as Agents)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Third Chamber) of 11 December 2013 in Sesma Merino v OHIM (F-125/12, ECR-SC, EU:F:2013:192) seeking to have that judgment set aside.

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Mr Alvaro Sesma Merino to pay the costs.






(1)  OJ C 184, 16.6.2014.
Case T-648/14: Judgment of the General Court of 3 December 2015 — Infusion Brands v OHIM (DUALTOOLS) (Community trade mark — Application for the Community figurative mark DUALTOOLS — Absolute grounds for refusal — Partial refusal of registration — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
Date: 2015-12-03
Institutions: General Court
Subjects: EU trade mark, hand tool, registered trade mark, trade-mark law








C_2016027EN.01005201.xml










25.1.2016   


EN


Official Journal of the European Union


C 27/52





Judgment of the General Court of 3 December 2015 — Infusion Brands v OHIM (DUALTOOLS)
(Case T-648/14) (1)

((Community trade mark - Application for the Community figurative mark DUALTOOLS - Absolute grounds for refusal - Partial refusal of registration - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))
(2016/C 027/65)
Language of the case: English

Parties


Applicant: Infusion Brands, Inc. (Myerlake Circle Clearwater, Florida, United States) (represented by: K. Piepenbrink, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by V. Melgar, and subsequently by H. O’Neill and M. Rajh, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 1 July 2014 (Case R 398/2014-4), concerning an application for registration of the figurative sign DUALTOOLS as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Infusion Brands, Inc. to pay the costs.






(1)  OJ C 380, 27.10.2014.
Case T-711/15: Action brought on 3 December 2015 — Othman v Council
Date: 2015-12-03
Institutions: General Court
Subjects: common foreign and security policy, damages, economic sanctions, fundamental rights, indemnification, international sanctions, trade restriction








C_2016059EN.01003301.xml










15.2.2016   


EN


Official Journal of the European Union


C 59/33





Action brought on 3 December 2015 — Othman v Council
(Case T-711/15)
(2016/C 059/37)
Language of the case: French

Parties


Applicant: Razan Othman (Damascus, Syria) (represented by: E. Ruchat, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


declare the applicant’s action admissible and well founded;










—


as a consequence, order the European Union to repair all of the harm allegedly suffered by the applicant at an amount to be fixed equitably by the Court;










—


order the Council of the European Union to pay the costs of the proceedings.





Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging the fact that he has suffered non-material damage, consisting of harm to his reputation, as a direct causal link to the measures taken by the Council of the European Union, for which the Council is liable.
Case T-702/15: Action brought on 3 December 2015 — BikeWorld v Commission
Date: 2015-12-03
Institutions: General Court
Subjects: Germany, State aid, aid recipient, control of State aid, liquidation, loan, ownership, reimbursement of aid, right to justice








C_2016068EN.01003001.xml










22.2.2016   


EN


Official Journal of the European Union


C 68/30





Action brought on 3 December 2015 — BikeWorld v Commission
(Case T-702/15)
(2016/C 068/39)
Language of the case: German

Parties


Applicant: BikeWorld GmbH (St. Ingbert, Germany) (represented by: J. Jovy, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the Commission’s decision of 1 October 2014 in so far as it concerns the applicant;










—


suspend the enforcement of the decision vis-à-vis the applicant until the present action has been decided on (Article 278 TFEU).





Pleas in law and main arguments

By the present action, the applicant seeks the annulment in part of Commission Decision C(2014) 3634 final of 1 October 2014 on German State aid granted to the Nürburgring (SA.31550 (2012/C) (ex 2012/NN)).
In support of the action, the applicant relies, in essence, on the following:






1.


The applicant is no longer identical to the party to the proceedings in which the decision was adopted. No proceedings could therefore be brought against it.










2.


The applicant was not a party to the proceedings that led to the adoption of the contested decision. Its right to a fair hearing was therefore not respected.










3.


The applicant’s current shareholders are not remotely connected to the original shareholders/owners at the time that the loans were granted.










4.


The objective ‘to prevent particular competitive advantages’ sought by the recovery cannot be attained by the decision, for the applicant has not been in competition with anyone and that has been the case since the last loan was granted.










5.


The applicant has already agreed to its liquidation and winding-up, should that prove necessary, in order to avoid imminent insolvency, which would not be avoidable, if it had to make any payment on the basis of the recovery of State aid.
Information communicated by Member States regarding closure of fisheries
Date: 2015-12-03
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch area, catch by species, catch quota, fishing rights, international waters, sea fish, sea fishing








C_2015401EN.01000301.xml










3.12.2015   


EN


Official Journal of the European Union


C 401/3





Information communicated by Member States regarding closure of fisheries
(2015/C 401/03)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


14.10.2015




Duration


14.10 – 31.12.2015




Member State


Spain




Stock or Group of stocks


GFB/89-




Species


Greater forkbeard (Phycis blennoides)




Zone


Union and international waters of VIII and IX




Type(s) of fishing vessels


—




Reference number


60/DSS






(1)  OJ L 343, 22.12.2009, p. 1.
Case T-506/12 P: Judgment of the General Court of 3 December 2015 — Cuallado Martorell v Commission (Appeal — Civil Service — Officials — Recruitment — Open competition to draw up a reserve list of lawyer-linguists with Spanish as their main language — Decision of the jury confirming failure to pass the written tests and non-admittance to the oral test — Article 90(2) of the Statute — Admissibility of the action at first instance — Duty to state reasons — Refusal to send the marked written tests to the appellant — Access to documents)
Date: 2015-12-03
Institutions: General Court
Subjects: European official, access to EU information, candidate, civil service, competition (EU), legal profession, linguistics, recruitment








C_2016027EN.01003001.xml










25.1.2016   


EN


Official Journal of the European Union


C 27/30





Judgment of the General Court of 3 December 2015 — Cuallado Martorell v Commission
(Case T-506/12 P) (1)

((Appeal - Civil Service - Officials - Recruitment - Open competition to draw up a reserve list of lawyer-linguists with Spanish as their main language - Decision of the jury confirming failure to pass the written tests and non-admittance to the oral test - Article 90(2) of the Statute - Admissibility of the action at first instance - Duty to state reasons - Refusal to send the marked written tests to the appellant - Access to documents))
(2016/C 027/33)
Language of the case: Spanish

Parties


Appellant: Eva Cuallado Martorell (Valencia, Spain) (represented by: C. Pinto Cañón, lawyer)

Other party to the proceedings: European Commission (represented by: J. Baquero Cruz and G. Gattinara, acting as agents)

Re:

Appeal brought against the judgment of the Civil Service Appeal Tribunal of the European Union (Second Chamber) of 18 September 2012 in Cuallado Martorell v Commission (F-96/09, ECRFP, EU:F:2012:129) and seeking to have that judgment set aside.

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the Civil Service Appeal Tribunal of the European Union (Second Chamber) of 18 September 2012 in Cuallado Martorell v Commission (F-96/09, ECRFP, EU:F:2012:129) inasmuch as it declares the action to be inadmissible in seeking the annulment of the decision refusing admission to the oral test and, consequently, the reserve list;










2.


Dismisses the appeal as to the remainder;










3.


Refers the case back to the Civil Service Tribunal;










4.


Reserves the costs.






(1)  OJ C 135, 5.5.2014.
Case T-628/14: Judgment of the General Court of 3 December 2015 — Hewlett Packard Development Company v OHIM (FORTIFY) (Community trade mark — Application for Community word mark FORTIFY — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009)
Date: 2015-12-03
Institutions: General Court
Subjects: EU trade mark, registered trade mark, software, trade-mark law








C_2016027EN.01005002.xml










25.1.2016   


EN


Official Journal of the European Union


C 27/50





Judgment of the General Court of 3 December 2015 — Hewlett Packard Development Company v OHIM (FORTIFY)
(Case T-628/14) (1)

((Community trade mark - Application for Community word mark FORTIFY - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009))
(2016/C 027/63)
Language of the case: English

Parties


Applicant: Hewlett Packard Development Company LP (Dallas, Texas, United States) (represented by: T. Raab and H. Lauf, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 June 2014 (Case R 249/2014-2), concerning an application for registration of the word sign FORTIFY as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Hewlett Packard Development Company LP to bear its own costs and to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).






(1)  OJ C 361, 13.10.2014.