do-me/EUR-LEX huggingface dataset:
Designation of the Chamber responsible for cases of the kind referred to in Article 193 of the Rules of Procedure of the Court
Date: 2016-12-05
Institutions: Court of Justice of the European Union
Subjects: Court of Justice of the European Union, operation of the Institutions, rules of procedure








C_2016454EN.01000203.xml










5.12.2016   


EN


Official Journal of the European Union


C 454/2






Designation of the Chamber responsible for cases of the kind referred to in Article 193 of the Rules of Procedure of the Court
(2016/C 454/04)
At its General Meeting on 27 September 2016, the Court designated the First Chamber as the Chamber that is, in accordance with Article 11(2) of the Rules of Procedure, responsible for cases of the kind referred to in Article 193 of those Rules, for the period from 7 October 2016 to 6 October 2017.
Case T-856/16: Action brought on 5 December 2016 — Rare Hospitality International v EUIPO (LONGHORN STEAKHOUSE)
Date: 2016-12-05
Institutions: General Court
Subjects: EU trade mark, catering industry, registered trade mark, trade-mark law








C_2017022EN.01005901.xml










23.1.2017   


EN


Official Journal of the European Union


C 22/59





Action brought on 5 December 2016 — Rare Hospitality International v EUIPO (LONGHORN STEAKHOUSE)
(Case T-856/16)
(2017/C 022/79)
Language of the case: English

Parties


Applicant: Rare Hospitality International, Inc. (Orlando, Florida, United States) (represented by: I. Lázaro Betancor, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: EU word mark ‘LONGHORN STEAKHOUSE’ — Application for registration No 13 948 682

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 12 September 2016 in Case R 2149/2015-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Pleas in law







—


Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009;










—


Infringement of principle of equal treatment and sound administration.
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 5 December 2016 regarding a draft decision relating to Case AT.39914(2) Euro interest rate derivatives — Rapporteur: Portugal
Date: 2016-12-05
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: Euribor, bank, euro, exchange of information, financial derivative, interest, restriction on competition, sanction (EU), trade information








C_2019130EN.01000301.xml










8.4.2019   


EN


Official Journal of the European Union


C 130/3






Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 5 December 2016 regarding a draft decision relating to Case AT.39914(2) Euro interest rate derivatives
Rapporteur: Portugal
(2019/C 130/03)

1.   

The Advisory Committee agrees with the Commission that a fine should be imposed on the addressees of the draft decision.



2.   

The Advisory Committee agrees with the Commission on the application of the 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003.



3.   

The Advisory Committee agrees with the Commission on the basic amounts of the fines.



4.   

The Advisory Committee agrees with the determination of the duration for the purpose of calculating the fines.



5.   

The Advisory Committee agrees with the Commission that there are no aggravating circumstances applicable in this case.



6.   

The Advisory Committee agrees with the Commission on the existence and level of reduction for mitigating circumstances in this case.



7.   

The Advisory Committee agrees with the Commission on the final amounts of the fines.



8.   

The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.
Case T-880/16: Action brought on 5 December 2016 — RF v Commission
Date: 2016-12-05
Institutions: General Court
Subjects: EU competition policy, carriage of goods, rail transport








C_2017053EN.01003501.xml










20.2.2017   


EN


Official Journal of the European Union


C 53/35





Action brought on 5 December 2016 — RF v Commission
(Case T-880/16)
(2017/C 053/44)
Language of the case: Polish

Parties


Applicant: RF (Gdynia, Poland) (represented by: K. Komar-Komarowski, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


annul Commission Decision C(2016)5925 final of 15 September 2016 rejecting the complaint in case COMP AT.40251 — Rail transport, freight forwarding, and remit the case back to the Commission for re-examination;










—


order the Commission to pay the costs of the proceedings.





Pleas in law and main arguments

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






1.


First plea in law, alleging infringement of Article 13 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ 2003 L 1, p. 1) through misinterpretation or possible misapplication thereof.










2.


Second plea in law, alleging infringement of Article 105(1) TFEU.
List for determining the composition of the Chambers for cases allocated to a Chamber composed of three Judges
Date: 2016-12-05
Institutions: Court of Justice of the European Union
Subjects: appointment of members, judge, member of the Court of Justice (EU)








C_2016454EN.01000301.xml










5.12.2016   


EN


Official Journal of the European Union


C 454/3






List for determining the composition of the Chambers for cases allocated to a Chamber composed of three Judges
(2016/C 454/06)
At its Meeting on 4 October 2016, the Court drew up the list for determining the composition of the Chambers of three Judges as follows:


Sixth Chamber


Mr Bonichot
Mr Arabadjiev
Mr Fernlund
Mr Rodin


Seventh Chamber


Mr Rosas
Ms Toader
Mr Jarašiūnas


Eighth Chamber


Mr Malenovský
Mr Safjan
Mr Šváby


Ninth Chamber


Mr Vajda
Ms Jürimäe
Mr Lycourgos


Tenth Chamber


Mr Borg Barthet
Mr Levits
Mr Biltgen
Case C-627/16: Request for a preliminary ruling from the Tribunal Administrativo e Fiscal de Viseu (Portugal) lodged on 5 December 2016 — João Ventura Ramos v Fundo de Garantia Salarial
Date: 2016-12-05
Institutions: Court of Justice
Subjects: claim, financial solvency, pay, termination of employment, wage earner








C_2017070EN.01000802.xml










6.3.2017   


EN


Official Journal of the European Union


C 70/8





Request for a preliminary ruling from the Tribunal Administrativo e Fiscal de Viseu (Portugal) lodged on 5 December 2016 — João Ventura Ramos v Fundo de Garantia Salarial
(Case C-627/16)
(2017/C 070/13)
Language of the case: Portuguese

Referring court

Tribunal Administrativo e Fiscal de Viseu

Parties to the main proceedings


Applicant: João Ventura Ramos

Defendant: Fundo de Garantia Salarial

Question referred







1.


Is a time-limit applicable to an application for payment of outstanding wage claims by the guarantee institution more favourable to employees, within the meaning of Article 11 of Directive 2008/94/EC (1) of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer, when the payment of such claims is only guaranteed where the application for payment is brought before the guarantee institution no later than one year from the day following that on which the contract of employment was terminated or where the time-limit is calculated from the date on which insolvency proceedings are brought, bearing in mind that the guarantee institution only guarantees the payment of the employee’s claims which have fallen due in the six months prior to those proceedings being brought?










2.


If an employee has failed to comply with the time-limit for reasons for which he is not responsible, must the laws of the Member States, pursuant to Article 11 of Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008, provide for an additional time-limit for submitting his application, provided that the employee shows that he is not responsible for the failure to comply with the time-limit?






(1)  OJ 2008, L 283, p. 36.
Case T-867/16: Action brought on 5 December 2016 — Nomacorc v Commission
Date: 2016-12-05
Institutions: General Court
Subjects: Belgium, State aid, control of State aid, interest, multinational enterprise, profit, reimbursement of aid, tax law








C_2017046EN.01002101.xml










13.2.2017   


EN


Official Journal of the European Union


C 46/21





Action brought on 5 December 2016 — Nomacorc v Commission
(Case T-867/16)
(2017/C 046/24)
Language of the case: English

Parties


Applicant: Nomacorc (Thimister-Clermont, Belgium) (represented by: S. Verschuur, M. Stroungi and L. Mélia, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul Articles 1-4 of the Commission’s decision of 11 January 2016 on State Aid SA.37667 (2015/C) (ex 2015/NN) on the Excess Profit Exemption State aid Scheme implemented by Belgium (‘the contested decision’) (1);










—


in the alternative, annul Article 2(1) of the contested decision;










—


order the Commission to pay the costs of this procedure.





Pleas in law and main arguments

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






1.


First plea in law, alleging that the Commission violated Article 1(d) of Regulation 2015/1589 (2) by incorrectly qualifying the excess profit rulings as a scheme, thereby committing various manifest errors of law, fact and assessment and also giving an inadequate statement of reasons.










2.


Second plea in law, alleging that the Commission violated Article 107(1) TFEU by committing a material error of law and a manifest error of assessment when interpreting and applying the reference system for purposes of assessing whether the excess profit rulings conferred a selective advantage.










3.


Third plea in law, alleging that the Commission violated Article 107(1) TFEU by incorrectly establishing that the excess profit rulings conferred a selective advantage, thereby committing various manifest errors of fact and assessment, failing to conduct a diligent and impartial examination and giving an inadequate statement of reasons.






(1)  Commission Decision (EU) 2016/1699 of 11 January 2016 on the excess profit exemption State aid scheme SA.37667 (2015/C) (ex 2015/NN) implemented by Belgium (notified under document C(2015) 9837) (OJ L 260, 2016, p. 61)

(2)  Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (OJ L 248, 2015, p. 9)
Case T-854/16: Action brought on 05 December 2016 — Barata v Parliament
Date: 2016-12-05
Institutions: General Court
Subjects: European official, competition (EU), equal treatment, governance, principle of legal certainty, principle of proportionality, right to justice








C_2017038EN.01004401.xml










6.2.2017   


EN


Official Journal of the European Union


C 38/44





Action brought on 05 December 2016 — Barata v Parliament
(Case T-854/16)
(2017/C 038/58)
Language of the case: English

Parties


Applicant: Joao Miguel Barata (Evere, Belgium) (represented by: G. Pandey, D. Rovetta, lawyers, and J. Grayston, solicitor)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:






—


as a preliminary matter, where appropriate, declare Article 90 of the Staff Regulations invalid and inapplicable in the present proceedings under Article 277 of the Treaty on the Functioning of the European Union;










—


annul the collectively contested decision, namely the decision of the Directorate for Human Resources Development of 29 January 2016, not to insert the applicant’s name among the list of the selected candidates and the decision of 25 August 2016 rejecting the Article 90 Staff Regulations appeal;










—


annul the internal notice of competition 2015/023 circulated among the staff on 18 September 2015;










—


annul in its entirety the draft list of officials selected to take part in the aforesaid training program;










—


order the defendant to bear the applicant’s costs.





Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law concerning infringement of the Staff Regulations, essential procedural requirements, as well infringement of the EU Treaties and of general principles of EU Law:






1.


First plea in law, alleging manifest error of assessment.










2.


Second plea in law, alleging breach of the effective judicial protection principle, breach of Article 41 of the Charter of Fundamental Rights of the European Union and plea of illegality and inapplicability under Article 277 of the Treaty on the Functioning of the European Union related to the illegality and inapplicability of Article 90 of the Staff Regulations.










3.


Third plea in law, alleging breach of the duty of sound and good administration.










4.


Fourth plea in law, alleging breach of the proportionality principle and discrimination.










5.


Fifth plea in law, alleging breach of the applicant’s legitimate expectations and of the principle of equality.
Case T-857/16: Action brought on 5 December 2016 — Erdinger Weißbräu Werner Brombach v EUIPO (Shape of a large glass)
Date: 2016-12-05
Institutions: General Court
Subjects: EU trade mark, glass, registered trade mark, trade-mark law








C_2017038EN.01004501.xml










6.2.2017   


EN


Official Journal of the European Union


C 38/45





Action brought on 5 December 2016 — Erdinger Weißbräu Werner Brombach v EUIPO (Shape of a large glass)
(Case T-857/16)
(2017/C 038/59)
Language of the case: German

Parties


Applicant: Erdinger Weißbräu Werner Brombach GmbH & Co. KG (Erding, Germany) (represented by: A. Hayn, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: International registration designating the European Union in respect of the three-dimensional mark ‘Shape of a large glass’ — Application for registration No 1 242 704

Contested decision: Decision of the Second Board of Appeal of EUIPO of 20 September 2016 in Case R 659/2016-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs, including those incurred in the appeal proceedings;










—


hold a hearing.





Plea in law







—


Infringement of Article 7(1)(b) of Regulation No 207/2009.
Taking of the oath by the new Member of the Court of Justice
Date: 2016-12-05
Institutions: Court of Justice of the European Union
Subjects: Court of Justice (EU), appointment of members, member of the Court of Justice (EU)








C_2016454EN.01000402.xml










5.12.2016   


EN


Official Journal of the European Union


C 454/4






Taking of the oath by the new Member of the Court of Justice
(2016/C 454/08)
Following his appointment as Advocate General at the Court of Justice for the period from 16 September 2016 to 6 October 2021 by decision of the Representatives of the Governments of the Member States of the European Union of 7 September 2016, (1) Mr Tanchev took the oath before the Court of Justice on 19 September 2016.


(1)  OJ L 247, 15.9.2016, p. 17.
Election of the Presidents of the Chambers of three Judges
Date: 2016-12-05
Institutions: Court of Justice of the European Union
Subjects: appointment of members, member of the Court of Justice (EU)








C_2016454EN.01000401.xml










5.12.2016   


EN


Official Journal of the European Union


C 454/4






Election of the Presidents of the Chambers of three Judges
(2016/C 454/07)
At a meeting on 27 September 2016, the Judges of the Court of Justice elected, pursuant to Article 12(2) of the Rules of Procedure, Mr Regan as President of the Sixth Chamber, Ms Prechal as President of the Seventh Chamber, Mr Vilaras as President of the Eighth Chamber, Mr Juhász as President of the Ninth Chamber and Ms Berger as President of the Tenth Chamber for the period from 7 October 2016 to 6 October 2017.
Publications Office Newsletter. n°41, November 2016.
Date: 2016-12-05
Institutions: Publications Office of the European Union
Subjects: EU publication, Publications Office of the European Union, serial publication

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November 2016

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OA-AT-16-011 -EN-N
Designation of the Chamber responsible for cases of the kind referred to in Article 107 of the Rules of Procedure of the Court
Date: 2016-12-05
Institutions: Court of Justice of the European Union
Subjects: Court of Justice of the European Union, operation of the Institutions, rules of procedure








C_2016454EN.01000202.xml










5.12.2016   


EN


Official Journal of the European Union


C 454/2






Designation of the Chamber responsible for cases of the kind referred to in Article 107 of the Rules of Procedure of the Court
(2016/C 454/03)
At its General Meeting on 27 September 2016, the Court designated the Fifth Chamber as the Chamber that is, in accordance with Article 11(2) of the Rules of Procedure, responsible for cases of the kind referred to in Article 107 of those Rules, for the period from 7 October 2016 to 6 October 2017.
Case T-535/16: Order of the General Court of 5 December 2016 — McGillivray v Commission
Date: 2016-12-05
Institutions: General Court
Subjects: European official, allowances and expenses, redemption, travel








C_2017038EN.01005501.xml










6.2.2017   


EN


Official Journal of the European Union


C 38/55





Order of the General Court of 5 December 2016 — McGillivray v Commission
(Case T-535/16) (1)

(2017/C 038/72)
Language of the case: French
The President of the Eight Chamber has ordered that the case be removed from the register.


(1)  OJ C 89, 16.3.2015 (case initially registered before the Civil Service Tribunal of the European Union under number F 12/15 and transferred to the General Court of the European Union on 1.9.2016).
Taking of the oath by new Members of the General Court
Date: 2016-12-05
Institutions: Court of Justice of the European Union
Subjects: General Court (EU), appointment of members, member of the Court of Justice (EU)








C_2016454EN.01000403.xml










5.12.2016   


EN


Official Journal of the European Union


C 454/4






Taking of the oath by new Members of the General Court
(2016/C 454/09)
Following their appointment as Judges at the General Court for the period from 1 September 2016 to 31 August 2022 by decision of the Representatives of the Governments of the Member States of the European Union of 23 March 2016 (1), Ms Kowalik-Bańczyk and Mr Nihoul took the oath before the Court of Justice on 19 September 2016.
Following their appointment as Judges at the General Court by decision of the Representatives of the Governments of the Member States of the European Union of 7 September 2016 (2),






—


for the period from 1 September 2016 to 31 August 2019,
Mr Kornezov and Mr Perillo,










—


for the period from 16 September 2016 to 31 August 2019,
Mr Passer,










—


for the period from 19 September 2016 to 31 August 2019,
Mr Öberg,










—


for the period from 1 September 2016 to 31 August 2022,
Mr Barents, Mr Svenningsen, Mr Csehi, Mr Iliopoulos, Ms Marcoulli and Mr Spielmann,










—


for the period from 16 September 2016 to 31 August 2022,
Ms Costeira, Mr Berke, Mr da Silva Passos and Ms Spineanu-Matei




took the oath before the Court of Justice on 19 September 2016.


(1)  OJ L 87, 2.4.2016, p. 33.

(2)  OJ L 247, 15.9.2016, pp. 13, 15 and 18.