do-me/EUR-LEX huggingface dataset:
Case T-258/17: Action brought on 3 May 2017 — Arbuzov v Council
Date: 2017-05-03
Institutions: General Court
Subjects: Ukraine, economic sanctions, international sanctions, natural person, ownership








C_2017213EN.01003501.xml










3.7.2017   


EN


Official Journal of the European Union


C 213/35





Action brought on 3 May 2017 — Arbuzov v Council
(Case T-258/17)
(2017/C 213/47)
Language of the case: Czech

Parties


Applicant: Sergej Arbuzov (Kyiv, Ukraine) (represented by: M. Mleziva, lawyer)

Defendant: Council of the European Union

Form of order sought







—


annul Council Decision (CFSP) 2017/381 of 3 March 2017 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, in so far as it relates to Sergej Arbuzov;










—


order the Council of the European Union to bear its own costs and pay those incurred by Sergej Arbuzov.





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 breach of the right to good administration






—


The applicant bases his application inter alia on the fact that the Council of the European Union did not proceed with proper care when adopting Decision (CFSP) 2017/381 of 3 March 2017, since it did not, before adopting the contested decision, address the applicant’s arguments and the evidence presented by him which supported his case, and proceeded essentially on the basis of a brief summary by the Ukraine Chief Public Prosecutor’s office without requiring any additional information on the progress of the investigation in Ukraine.














2.


Second plea in law, alleging breach of the applicant’s right to property






—


The applicant submits in this respect that the restrictions adopted with respect to him are disproportionate and unnecessary and breach the guarantees of international law protection of his right to property.
Case T-60/16 P: Order of the General Court of 3 May 2017 — De Nicola v EIB (Appeal — Civil Service — EIB staff — Appraisal — Career evaluation report — Appraisal year 2011 — Errors of law — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2017-05-03
Institutions: General Court
Subjects: European official, damages, indemnification, promotion, staff assessment








C_2017221EN.01002702.xml










10.7.2017   


EN


Official Journal of the European Union


C 221/27





Order of the General Court of 3 May 2017 — De Nicola v EIB
(Case T-60/16 P) (1)

((Appeal - Civil Service - EIB staff - Appraisal - Career evaluation report - Appraisal year 2011 - Errors of law - Appeal in part manifestly inadmissible and in part manifestly unfounded))
(2017/C 221/38)
Language of the case: Italian

Parties


Appellant: Carlo De Nicola (Strassen, Luxembourg) (represented by: G. Ferabecoli, lawyer)

Other party to the proceedings: European Investment Bank (EIB) (represented by: initially by: G. Nuvoli and F. Martin, and subsequently by: G. Nuvoli and G. Faedo, acting as Agents, and A. Dal Ferro, lawyer)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Single Judge) of 18 December 2015, De Nicola v EIB (F-55/13, EU:F:2015:165) seeking to have that judgment set aside in part.

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Carlo De Nicola shall bear his own costs and pay those incurred by the European Investment Bank (EIB) in the present appeal.






(1)  OJ C 111, 29.3.2016.
Case T-257/17: Action brought on 3 May 2017 — RE v Commission
Date: 2017-05-03
Institutions: General Court
Subjects: access to EU information, disclosure of information, indemnification, provision of documents, right to information








C_2017221EN.01003301.xml










10.7.2017   


EN


Official Journal of the European Union


C 221/33





Action brought on 3 May 2017 — RE v Commission
(Case T-257/17)
(2017/C 221/46)
Language of the case: English

Parties


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

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


order the annulment of the Security Directorate’s implied decision tacitly rejecting the applicant’s confirmatory application for access to documents of 20 January 2017;










—


order the defendant to pay to the applicant a fair and equitable compensation for non-material damages from the unlawful refusal to treat his access to documents application in violation of the provision of Regulation No 1049/2001 (1); and,










—


order the defendant to bear its own costs as well as the costs of the applicant in the current proceedings.





Pleas in law and main arguments

With the present application, the applicant asks for the annulment of the aforementioned contested implied decision for two reasons: firstly the failure of the contested decision to state reasons as regards the non-disclosure of the 15 documents requested by the applicant, which were not mentioned in the decision of 22 December 2016 that rejected the applicant’s initial request for access to documents; and secondly, the lack of, or, in any case, the erroneous justification for the non-disclosure of the other documents, if it were to be considered that the reasoning of the decision of 22 December 2016 rejecting the applicant’s initial request for access is incorporated in the contested implied decision.
Finally, the applicant requests the award of appropriate compensation for the moral damage he incurred, which stemmed from the administration’s persistent delays and the unlawful refusal to grant him access to the documents in question, in violation of the provisions of Regulation 1049/2001.


(1)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 2001, p. 43)
Case T-75/16 P: Order of the General Court of 3 May 2017 — De Nicola v EIB (Appeal — Civil Service — EIB staff — Appraisal — Career evaluation report — Appraisal year 2010 — Errors of law — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2017-05-03
Institutions: General Court
Subjects: European official, admissibility, appeal, promotion, staff assessment, staff regulations (EU)








C_2017202EN.01001801.xml










26.6.2017   


EN


Official Journal of the European Union


C 202/18





Order of the General Court of 3 May 2017 — De Nicola v EIB
(Case T-75/16 P) (1)

((Appeal - Civil Service - EIB staff - Appraisal - Career evaluation report - Appraisal year 2010 - Errors of law - Appeal in part manifestly inadmissible and in part manifestly unfounded))
(2017/C 202/31)
Language of the case: Italian

Parties


Appellant: Carlo De Nicola (Strassen, Luxembourg) (represented by: G. Ferabecoli, lawyer)

Other party to the proceedings: European Investment Bank (EIB) (represented initially by: G. Nuvoli and T. Gilliams, and subsequently by: G. Nuvoli and G. Faedo, acting as Agents, and A. Dal Ferro, lawyer)

Re:

Appeal brought against the order of the European Union Civil Service Tribunal (Single Judge) of 18 December 2015, De Nicola v EIB (F-128/11, EU:F:2015:168), seeking to have that order set aside.

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Carlo De Nicola shall bear his own costs and pay those incurred by the European Investment Bank (EIB) in the present appeal.






(1)  OJ C 118, 4.4.2016.
Commission Delegated Regulation (EU) 2017/1229 of 3 May 2017 correcting certain language versions of Implementing Regulation (EU) No 1333/2011 laying down marketing standards for bananas, rules on the verification of compliance with those marketing standards and requirements for notifications in the banana sector
Date: 2017-05-03
Institutions: Directorate-General for Translation, European Commission
Subjects: marketing standard, product quality, quality control of agricultural products, tropical fruit








L_2017177EN.01000601.xml










8.7.2017   


EN


Official Journal of the European Union


L 177/6








            COMMISSION DELEGATED REGULATION (EU) 2017/1229
of 3 May 2017
         
correcting certain language versions of Implementing Regulation (EU) No 1333/2011 laying down marketing standards for bananas, rules on the verification of compliance with those marketing standards and requirements for notifications in the banana sector


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 75(2) thereof,

Whereas:







(1)


The Dutch, Maltese and Slovenian language versions of Commission Implementing Regulation (EU) No 1333/2011 (2) contain an error in recital (3), in the first paragraph of Article 1, in Article 3 and in point I of Annex I, concerning the varieties of bananas subject to the marketing standards established in that Regulation. Therefore, a correction of the Dutch, Maltese and Slovenian language versions is necessary. The other language versions are not affected.












(2)


Implementing Regulation (EU) No 1333/2011 should therefore be corrected accordingly,





HAS ADOPTED THIS REGULATION:



Article 1

(Does not concern the English language)



Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 May 2017.


For the Commission


The President

Jean-Claude JUNCKER
            





(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  Commission Implementing Regulation (EU) No 1333/2011 of 19 December 2011 laying down marketing standards for bananas, rules on the verification of compliance with those marketing standards and requirements for notifications in the banana sector (OJ L 336, 20.12.2011, p. 23).
Case T-71/16 P: Order of the General Court of 3 May 2017 — De Nicola v EIB (Appeal — Civil service — EIB staff — Reports procedure — Career development report — 2007 appraisal procedure — Errors of law — Appeal manifestly unfounded)
Date: 2017-05-03
Institutions: General Court
Subjects: European official, damages, indemnification, promotion, staff assessment








C_2017213EN.01002902.xml










3.7.2017   


EN


Official Journal of the European Union


C 213/29





Order of the General Court of 3 May 2017 — De Nicola v EIB
(Case T-71/16 P) (1)

((Appeal - Civil service - EIB staff - Reports procedure - Career development report - 2007 appraisal procedure - Errors of law - Appeal manifestly unfounded))
(2017/C 213/39)
Language of the case: Italian

Parties


Appellant: Carlo De Nicola (Strassen, Luxembourg) (represented by: G. Ferabecoli, lawyer)

Other party to the proceedings: European Investment Bank (EIB) (represented initially by G. Nuvoli and F. Martin, and subsequently by G. Nuvoli and G. Faedo, acting as Agents, assisted by A. Dal Ferro, lawyer)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (sitting as a single judge) of 18 December 2015, De Nicola v EIB (F 82/12, EU:F:2015:166), seeking to have that judgment set aside in part.

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Carlo De Nicola shall bear his own costs and shall pay those incurred by the European Investment Bank (EIB) in the present proceedings.






(1)  OJ C 118, 4.4.2016.
Case T-59/16 P: Order of the General Court of 3 May 2017 — De Nicola v EIB (Appeal — Civil Service — EIB staff — Appraisal — Career evaluation report — Appraisal year 2012 — Errors of law — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2017-05-03
Institutions: General Court
Subjects: European official, damages, indemnification, promotion, staff assessment, staff regulations (EU)








C_2017221EN.01002701.xml










10.7.2017   


EN


Official Journal of the European Union


C 221/27





Order of the General Court of 3 May 2017 — De Nicola v EIB
(Case T-59/16 P) (1)

((Appeal - Civil Service - EIB staff - Appraisal - Career evaluation report - Appraisal year 2012 - Errors of law - Appeal in part manifestly inadmissible and in part manifestly unfounded))
(2017/C 221/37)
Language of the case: Italian

Parties


Appellant: Carlo De Nicola (Strassen, Luxembourg) (represented by: G. Ferabecoli, lawyer)

Other party to the proceedings: European Investment Bank (EIB) (represented by: initially by: G. Nuvoli and F. Martin, and subsequently by: G. Nuvoli and G. Faedo, acting as Agents, and A. Dal Ferro, lawyer)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Single Judge) of 18 December 2015, De Nicola v EIB (F-9/14, EU:F:2015:163) seeking to have that judgment set aside in part.

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Carlo De Nicola shall bear his own costs and pay those incurred by the European Investment Bank (EIB) in the present appeal.






(1)  OJ C 111, 29.3.2016.
Case T-36/16: Judgment of the General Court of 3 May 2017 — Enercon v EUIPO — Gamesa Eólica (Blended shades of green) (EU trade mark — Invalidity proceedings — EU trade mark consisting of blended shades of green — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — Article 52(1)(a) of Regulation No 207/2009)
Date: 2017-05-03
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law, turbine, wind energy








C_2017195EN.01002301.xml










19.6.2017   


EN


Official Journal of the European Union


C 195/23





Judgment of the General Court of 3 May 2017 — Enercon v EUIPO — Gamesa Eólica (Blended shades of green)
(Case T-36/16) (1)

((EU trade mark - Invalidity proceedings - EU trade mark consisting of blended shades of green - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Article 52(1)(a) of Regulation No 207/2009))
(2017/C 195/31)
Language of the case: English

Parties


Applicant: Enercon GmbH (Aurich, Germany) (represented by: S. Overhage, R. Böhm and A. Silverleaf, lawyers)

Defendant: European Union Intellectual Property Office (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Gamesa Eólica, SL (Sarriguren, Spain) (represented by: A. Sanz Cerralbo, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 28 October 2015 (Case R 597/2015-2), concerning invalidity proceedings between Gamesa Eólica and Enercon.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Enercon GmbH to pay the costs.






(1)  OJ C 111, 29.3.2016.
Commission Implementing Regulation (EU) 2017/829 of 3 May 2017 entering a name in the register of protected designations of origin and protected geographical indications (Welsh Laverbread (PDO))
Date: 2017-05-03
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: United Kingdom, Wales, aromatic plant, designation of origin, labelling, product designation








L_2017124EN.01000101.xml










17.5.2017   


EN


Official Journal of the European Union


L 124/1








            COMMISSION IMPLEMENTING REGULATION (EU) 2017/829
of 3 May 2017
         
entering a name in the register of protected designations of origin and protected geographical indications (Welsh Laverbread (PDO))


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, the United Kingdom's application to register the name ‘Welsh Laverbread’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Welsh Laverbread’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Welsh Laverbread’ (PDO) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.8. Other products listed in Annex I to the Treaty (spices, etc.), as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 May 2017.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ C 15, 17.1.2017, p. 6.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
Case T-200/16: Judgment of the General Court of 3 May 2017 — Gfi PSF v Commission (Public service contracts — Public procurement procedure — Development, maintenance, evolution and assistance services for websites — Rejection of a tenderer’s bid — Bid received already open — Article 111(4)(b) of the Financial Regulation)
Date: 2017-05-03
Institutions: General Court
Subjects: Internet site, award of contract, damages, invitation to tender, services contract, tendering








C_2017195EN.01002402.xml










19.6.2017   


EN


Official Journal of the European Union


C 195/24





Judgment of the General Court of 3 May 2017 — Gfi PSF v Commission
(Case T-200/16) (1)

((Public service contracts - Public procurement procedure - Development, maintenance, evolution and assistance services for websites - Rejection of a tenderer’s bid - Bid received already open - Article 111(4)(b) of the Financial Regulation))
(2017/C 195/34)
Language of the case: French

Parties


Applicant: Gfi PSF Sàrl (Leudelange, Luxembourg) (represented by: F. Moyse, lawyer)

Defendant: European Commission (represented by: S. Delaude and S. Lejeune, acting as Agents)

Re:

Firstly, action on the basis of Article 263 TFEU seeking the annulment of the decisions of 2 and 16 March 2016 of the Publications Office of the European Union rejecting the applicant’s tender submitted in the context of the public procurement procedure concerning, in particular, the development, maintenance, evolution and assistance services for that office’s websites (OJ 2015/S 251-459901) and, insofar as necessary, of the confirmatory decision of the POEU of 22 April 2016 and, secondly, action on the basis of Article 268 TFEU seeking compensation for the harm suffered by the applicant as a result of those decisions.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Gfi PSF Sàrl to pay the costs.






(1)  OJ C 222, 20.6.2016.
Euro exchange rates
Date: 2017-05-03
Institutions: European Commission
Subjects: euro, exchange rate








C_2017138EN.01000301.xml










3.5.2017   


EN


Official Journal of the European Union


C 138/3





Euro exchange rates (1)

2 May 2017
(2017/C 138/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0915 




JPY


Japanese yen


122,55 




DKK


Danish krone


7,4370 




GBP


Pound sterling


0,84520 




SEK


Swedish krona


9,6290 




CHF


Swiss franc


1,0852 




ISK


Iceland króna


 




NOK


Norwegian krone


9,3780 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,893 




HUF


Hungarian forint


312,20 




PLN


Polish zloty


4,2088 




RON


Romanian leu


4,5495 




TRY


Turkish lira


3,8621 




AUD


Australian dollar


1,4518 




CAD


Canadian dollar


1,4928 




HKD


Hong Kong dollar


8,4937 




NZD


New Zealand dollar


1,5782 




SGD


Singapore dollar


1,5222 




KRW


South Korean won


1 233,65 




ZAR


South African rand


14,4886 




CNY


Chinese yuan renminbi


7,5263 




HRK


Croatian kuna


7,4570 




IDR


Indonesian rupiah


14 529,50 




MYR


Malaysian ringgit


4,7240 




PHP


Philippine peso


54,577 




RUB


Russian rouble


62,2300 




THB


Thai baht


37,657 




BRL


Brazilian real


3,4585 




MXN


Mexican peso


20,4568 




INR


Indian rupee


70,1025 






(1)  Source: reference exchange rate published by the ECB.
Case T-55/16 P: Order of the General Court of 3 May 2017 — De Nicola v EIB (Appeal — Civil Service — EIB staff — Appraisal — Career evaluation report — Appraisal year 2009 — Errors of law — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2017-05-03
Institutions: General Court
Subjects: European official, damages, indemnification, promotion, staff assessment








C_2017221EN.01002601.xml










10.7.2017   


EN


Official Journal of the European Union


C 221/26





Order of the General Court of 3 May 2017 — De Nicola v EIB
(Case T-55/16 P) (1)

((Appeal - Civil Service - EIB staff - Appraisal - Career evaluation report - Appraisal year 2009 - Errors of law - Appeal in part manifestly inadmissible and in part manifestly unfounded))
(2017/C 221/36)
Language of the case: Italian

Parties


Appellant: Carlo De Nicola (Strassen, Luxembourg) (represented by: G. Ferabecoli, lawyer)

Other party to the proceedings: European Investment Bank (EIB) (represented by: G. Nuvoli and G. Faedo, acting as Agents, and A. Dal Ferro, lawyer)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Single Judge) of 18 December 2015, De Nicola v EIB (F-45/11, EU:F:2015:167) seeking to have that judgment set aside in part.

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Carlo De Nicola shall bear his own costs and pay those incurred by the European Investment Bank (EIB) in the present appeal.






(1)  OJ C 106, 21.3.2016.
Case T-744/16: Order of the General Court of 3 May 2017 — Generis — Farmacêutica v EUIPO — Corpak MedSystems (CORGRIP)
Date: 2017-05-03
Institutions: General Court
Subjects: EU trade mark, medical device, registered trade mark, trade-mark law








C_2017202EN.01002803.xml










26.6.2017   


EN


Official Journal of the European Union


C 202/28





Order of the General Court of 3 May 2017 — Generis — Farmacêutica v EUIPO — Corpak MedSystems (CORGRIP)
(Case T-744/16) (1)

(2017/C 202/46)
Language of the case: English
The President of the Seventh Chamber has ordered that the case be removed from the register.


(1)  OJ C 475, 19.12.2016.