do-me/EUR-LEX huggingface dataset:
Case T-706/17: Action brought on 11 October 2017 — UP v Commission
Date: 2017-10-11
Institutions: General Court
Subjects: appointment of staff, disabled person, equal treatment, health insurance, illness, incapacity for work, income, indemnification, part-time employment, rights of the defence








C_2018005EN.01004901.xml










8.1.2018   


EN


Official Journal of the European Union


C 5/49





Action brought on 11 October 2017 — UP v Commission
(Case T-706/17)
(2018/C 005/67)
Language of the case: French

Parties


Applicant: UP (represented by: M. Casado García-Hirschfeld, lawyer)

Defendant: European Commission

Form of order sought







—


Declare the present application admissible and well-founded;




Consequently:






—


Annul the decision of 26 April in which DG HR opposed the applicant’s application for part-time work for medical reasons;










—


Annul, if necessary, the decision of 12 July 2017 rejecting the appeal;










—


Order the compensation of the applicant’s pecuniary and non-pecuniary loss following from those decisions, estimated, subject to re-assessment, at the sum of EUR 8 800;










—


Order the defendant to pay all the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, divided into two parts.
The first part alleges infringement of the principle of equal treatment and non-discrimination and infringement of the right to be heard, in that the Appointing Authority based its decision on rules showing cases different from the applicant’s without having heard her or allowed her to put forward her observations to influence the content of the proposed decision and, in consequence, infringed her rights of the defence.
The second part alleges infringement of the principle of sound administration and the duty of care, and a manifest error of assessment of the facts committed by the Appointing Authority, in that it could have considered the allowances for incapacity for work in the light of the general rules of reimbursement of the Joint Rules. The applicant is of the opinion that there is no statutory provision which prevents those allowances from being accumulated with the income drawn from her professional activity, on the ground that her medical situation and her degree of incapacity do not correspond to the medical invalidity criteria provided for in the Staff Regulations of Officials.
Case T-170/16: Order of the General Court of 11 October 2017 — Guardian Glass España, Central Vidriera v Commission (Actions for annulment — State aid — Tax advantages granted by a territorial entity within a Member State — Aid scheme declared to be incompatible with the internal market — Implementation of the decision — Obligation to examine the individual situation of the recipients — Commission’s failure to adopt a position — Act not open to challenge — Inadmissibility)
Date: 2017-10-11
Institutions: General Court
Subjects: Basque Country, Spain, State aid, control of State aid, powers of the institutions (EU), regional aid, terms for aid








C_2017402EN.01003401.xml










27.11.2017   


EN


Official Journal of the European Union


C 402/34





Order of the General Court of 11 October 2017 — Guardian Glass España, Central Vidriera v Commission
(Case T-170/16) (1)

((Actions for annulment - State aid - Tax advantages granted by a territorial entity within a Member State - Aid scheme declared to be incompatible with the internal market - Implementation of the decision - Obligation to examine the individual situation of the recipients - Commission’s failure to adopt a position - Act not open to challenge - Inadmissibility))
(2017/C 402/44)
Language of the case: Spanish

Parties


Applicant: Guardian Glass España, Central Vidriera, SLU (Llodio, Spain) (represented by: M. Araujo Boyd, D. Armesto Macías and A. Lamadrid de Pablo, lawyers)

Defendant: European Commission (represented by: L. Flynn, B. Stromsky and P. Němečková, acting as Agents)

Re:

Application based on Article 263 TFEU and seeking the annulment of the decision of the Commission contained in a document of 15 July 2015 entitled ‘Tax matters in the Basque Country (Álava) — Informal communication regarding additional submissions in connection to compatibility with the 1998 guidelines on national regional aid’.

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


There is no longer any need to adjudicate on the application for leave to intervene lodged by the Kingdom of Spain.










3.


Guardian Glass España, Central Vidriera, SLU is to bear its own costs and to pay those incurred by the European Commission.










4.


The Kingdom of Spain is to bear its own costs relating to the application for leave to intervene.






(1)  OJ C 243, 4.7.2016.
Order of the Court of 11 October 2017 in Case E-14/11 COSTS — Schenker North AB, Schenker Privpak AB and Schenker Privpak AS v EFTA Surveillance Authority (Taxation of costs — Recoverable costs — Default interest)
Date: 2017-10-11
Institutions: EFTA Court
Subjects: interest, legal expenses, postal service, transport company








C_2018027EN.01002101.xml










25.1.2018   


EN


Official Journal of the European Union


C 27/21





ORDER OF THE COURT
of 11 October 2017
in Case E-14/11 COSTS
Schenker North AB, Schenker Privpak AB and Schenker Privpak AS v EFTA Surveillance Authority

(Taxation of costs — Recoverable costs — Default interest)

(2018/C 27/08)
In Case E-14/11 COSTS, Schenker North AB, Schenker Privpak AB and Schenker Privpak AS v EFTA Surveillance Authority — APPLICATION for the taxation of costs awarded by the Court in its judgment of 21 December 2012 in Case E-14/11 Schenker North and Others v ESA [2012] EFTA Ct. Rep. 1178, the Court, composed of, Carl Baudenbacher, President and Judge-Rapporteur, Per Christiansen and Ása Ólafsdóttir (ad hoc), Judges, gave order of 11 October 2017, the operative part of which is as follows:






1.


The total remaining costs to be paid by ESA to the applicants are fixed at EUR 95 944.










2.


Default interest shall be due on the amount from the date of notification of the present order until the date of payment; the applicable interest rate shall be calculated on the basis of the interest rate applied by the European Central Bank to its principal refinancing operations in force on the first calendar day of the month in which payment is due, increased by three and a half percentage points.
Euro exchange rates
Date: 2017-10-11
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2017340EN.01000501.xml










11.10.2017   


EN


Official Journal of the European Union


C 340/5





Euro exchange rates (1)

10 October 2017
(2017/C 340/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1797 




JPY


Japanese yen


132,55 




DKK


Danish krone


7,4428 




GBP


Pound sterling


0,89410 




SEK


Swedish krona


9,5265 




CHF


Swiss franc


1,1522 




ISK


Iceland króna


 




NOK


Norwegian krone


9,3745 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,900 




HUF


Hungarian forint


310,65 




PLN


Polish zloty


4,2931 




RON


Romanian leu


4,5753 




TRY


Turkish lira


4,3385 




AUD


Australian dollar


1,5155 




CAD


Canadian dollar


1,4745 




HKD


Hong Kong dollar


9,2067 




NZD


New Zealand dollar


1,6688 




SGD


Singapore dollar


1,6001 




KRW


South Korean won


1 336,25 




ZAR


South African rand


16,1484 




CNY


Chinese yuan renminbi


7,7609 




HRK


Croatian kuna


7,5035 




IDR


Indonesian rupiah


15 912,97 




MYR


Malaysian ringgit


4,9783 




PHP


Philippine peso


60,728 




RUB


Russian rouble


68,2832 




THB


Thai baht


39,237 




BRL


Brazilian real


3,7378 




MXN


Mexican peso


21,9090 




INR


Indian rupee


76,9720 






(1)  Source: reference exchange rate published by the ECB.
Case T-670/15: Judgment of the General Court of 11 October 2017 — Osho Lotus Commune v EUIPO — Osho International Foundation (OSHO) (EU trade mark — Proceedings for a declaration of invalidity — EU word mark OSHO — Absolute ground for refusal — Lack of descriptive character — Distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) — No adverse effect on public policy — Article 7(1)(f) of Regulation (EC) No 207/2009 (now Article 7(1)(f) of Regulation (EU) 2017/1001))
Date: 2017-10-11
Institutions: General Court
Subjects: EU trade mark, provision of services, registered trade mark, religion, sport, trade-mark law








C_2017402EN.01002401.xml










27.11.2017   


EN


Official Journal of the European Union


C 402/24





Judgment of the General Court of 11 October 2017 — Osho Lotus Commune v EUIPO — Osho International Foundation (OSHO)
(Case T-670/15) (1)

((EU trade mark - Proceedings for a declaration of invalidity - EU word mark OSHO - Absolute ground for refusal - Lack of descriptive character - Distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001) - No adverse effect on public policy - Article 7(1)(f) of Regulation (EC) No 207/2009 (now Article 7(1)(f) of Regulation (EU) 2017/1001)))
(2017/C 402/30)
Language of the case: German

Parties


Applicant: Osho Lotus Commune eV (Cologne, Germany) (represented by: M. Viefhues, lawyer)

Defendant: European Union Intellectual Property Office (represented by: P. Ivanov and A. Schifko, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Osho International Foundation (Zurich, Switzerland) (represented by: B. Brandreth, Barrister)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 22 September 2015 (Case R 1997/2014-4), relating to proceedings for a declaration of invalidity between Osho Lotus Commune and Osho International Foundation.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Osho Lotus Commune eV to bear, in addition to its own costs, those incurred by the European Union Intellectual Property Office (EUIPO);










3.


Orders Osho International Foundation to bear its own costs.






(1)  OJ C 27, 25.1.2016.
Commission notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services (Text with EEA relevance. )
Date: 2017-10-11
Institutions: European Commission
Subjects: Canary Islands, Spain, air transport, inland transport, services of general interest, transport regulations








C_2017340EN.01001401.xml










11.10.2017   


EN


Official Journal of the European Union


C 340/14





Commission notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Public service obligations in respect of scheduled air services
(Text with EEA relevance)
(2017/C 340/06)






Member State


Spain




Routes concerned


Gran Canaria-Tenerife Sur
Gran Canaria-El Hierro
Tenerife Norte-La Gomera
Gran Canaria-La Gomera




Reopening date of the PSO route to Community air carriers


1 August 2018




Address where the text and any other information or documentation related to the public service obligations can be obtained







Ministerio de Fomento




Dirección General de Aviación Civil




Subdirección General de Transporte Aéreo




Paseo de la Castellana 67




28071 Madrid




MADRID




ESPAÑA




Tel. +34 915977505




Fax +34 915978643




Email: osp.dgac@fomento.es








The routes subject to public service obligations may be operated on the basis of free competition access as from 1 August 2018. In the event that no air carrier submits a program of services compliant with the public service obligations imposed, access will be restricted to a single air carrier through the corresponding public tender procedure, in accordance with Article 16(9) of Regulation (EC) No 1008/2008.
Order of the Court of 11 October 2017 in Case E-7/12 COSTS — Schenker North AB, Schenker Privpak AB and Schenker Privpak AS v EFTA Surveillance Authority (Taxation of costs — Recoverable costs — Default interest)
Date: 2017-10-11
Institutions: EFTA Court
Subjects: interest, land transport, legal expenses, maritime transport, transport company








C_2018027EN.01002102.xml










25.1.2018   


EN


Official Journal of the European Union


C 27/21





ORDER OF THE COURT
of 11 October 2017
in Case E-7/12 COSTS
Schenker North AB, Schenker Privpak AB and Schenker Privpak AS v EFTA Surveillance Authority

(Taxation of costs — Recoverable costs — Default interest)

(2018/C 27/09)
In Case E-7/12 COSTS, Schenker North AB, Schenker Privpak AB and Schenker Privpak AS v EFTA Surveillance Authority — APPLICATION for the taxation of costs awarded by the Court in its judgment of 9 July 2013 in Case E-7/12 Schenker North and Others v ESA [2013] EFTA Ct. Rep. 356, the Court, composed of, Carl Baudenbacher, President and Judge-Rapporteur, Per Christiansen and Ása Ólafsdóttir (ad hoc), Judges, gave order of 11 October 2017, the operative part of which is as follows:






1.


The total remaining costs to be paid by ESA to the applicants are fixed at EUR 63 095.










2.


Default interest shall be due on that amount from the date of notification of the present order until the date of payment; the applicable interest rate shall be calculated on the basis of the interest rate applied by the European Central Bank to its principal refinancing operations in force on the first calendar day of the month in which payment is due, increased by three and a half percentage points.
Commission notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services (Text with EEA relevance. )
Date: 2017-10-11
Institutions: European Commission
Subjects: Andalusia, Spain, air transport, inland transport, services of general interest, transport regulations








C_2017340EN.01001501.xml










11.10.2017   


EN


Official Journal of the European Union


C 340/15





Commission notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Public service obligations in respect of scheduled air services
(Text with EEA relevance)
(2017/C 340/07)






Member State


Spain




Route concerned


Almeria-Seville




Reopening date of the PSO route to Community air carriers


1 August 2018




Address where the text and any other information or documentation related to the public service obligations can be obtained







Ministerio de Fomento




Dirección General de Aviación Civil




Subdirección General de Transporte Aéreo




Paseo de la Castellana 67




28071 Madrid




MADRID




ESPAÑA




Tel. +34 915977505




Fax: +34 915978643




Email: osp.dgac@fomento.es








The route subject to public service obligations may be operated on the basis of free competition access as from 1 August 2018. In the event that no air carrier submits a programme of services compliant with the public service obligations imposed, access will be restricted to a single air carrier through the corresponding public tender procedure, in accordance with Article 16(9) of Regulation (EC) No 1008/2008.
Case T-698/17: Action brought on 11 October 2017 — MAN Truck & Bus v EUIPO — Halla Holdings (MANDO)
Date: 2017-10-11
Institutions: General Court
Subjects: EU trade mark, electronic equipment, miscellaneous industries, optical industry, plastics industry, registered trade mark, rubber industry, special chemicals, trade-mark law, vehicle parts








C_2017437EN.01003501.xml










18.12.2017   


EN


Official Journal of the European Union


C 437/35





Action brought on 11 October 2017 — MAN Truck & Bus v EUIPO — Halla Holdings (MANDO)
(Case T-698/17)
(2017/C 437/42)
Language in which the application was lodged: German

Parties


Applicant: MAN Truck & Bus AG (Munich, Germany) (represented by: C. Röhl, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Halla Holdings Corp. (Yongin-si, Republic of Korea)

Details of the proceedings before EUIPO


Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: EU word mark ‘MANDO’ — Application for registration No 11 276 144

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of 13 July 2017 in Case R 1919/2016-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation No 207/2009.
Case T-707/17: Action brought on 11 October 2017 — Euroways v SRB
Date: 2017-10-11
Institutions: General Court
Subjects: Spain, abuse of power, aid for restructuring, company in difficulties, credit institution, damages, financial solvency, ownership, right to justice








C_2017424EN.01005501.xml










11.12.2017   


EN


Official Journal of the European Union


C 424/55





Action brought on 11 October 2017 — Euroways v SRB
(Case T-707/17)
(2017/C 424/79)
Language of the case: Spanish

Parties


Applicant: Euroways, SL (Hospitalet de Llobregat, Spain) (represented by: R. Vallina Hoset and C. Iglesias Megías, lawyers)

Defendant: Single Resolution Board

Form of order sought

The applicant claims that the General Court should:






—


Declare that the Single Resolution Board has incurred non-contractual liability and order it to repair the harm suffered by the applicant as a result of both its actions and its omissions which deprived the applicant of the BANCO POPULAR ESPAÑOL, S.A. bonds and securities it owned;










—


Order the Board to pay the applicant compensation for the harm suffered (‘the amount due’):






—


Principally, the reimbursement of the investments made, namely EUR 543 242,11 in Banco Popular shares;










—


In the alternative to the above claim, EUR 44 055,19;














—


Increase the amount due with compensatory interest as of 7 June 2017 until delivery of the judgment disposing of the present case;










—


Increase the amount due with corresponding default interest as of the date of delivery of judgment until its payment in full, at the rate set by the European Central Bank (ECB) for main refinancing operations, increased by two percentage points.










—


Order the SRB to pay the costs.





Pleas in law and main arguments

The pleas in law and main arguments are similar to those relied on in Case T-659/17 Vallina Fonseca v SRB.