do-me/EUR-LEX huggingface dataset:
Case T-167/13: Judgment of the General Court of 13 December 2018 — Comune di Milano v Commission (State aid — Ground-handling services — Capital injections provided by SEA in favour of SEA Handling — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Concept of aid — Imputability to the State — Private investor test — Principle of the right to be heard — Rights of the defence — Right to good administration — Legitimate expectations)
Date: 2018-12-13
Institutions: General Court
Subjects: State aid, aid to undertakings, airport, capital increase, control of State aid, registration of a company, reimbursement of aid, subsidiary








C_2019082EN.01002301.xml










4.3.2019   


EN


Official Journal of the European Union


C 82/23






Judgment of the General Court of 13 December 2018 — Comune di Milano v Commission
(Case T-167/13) (1)

((State aid - Ground-handling services - Capital injections provided by SEA in favour of SEA Handling - Decision declaring the aid to be incompatible with the internal market and ordering its recovery - Concept of aid - Imputability to the State - Private investor test - Principle of the right to be heard - Rights of the defence - Right to good administration - Legitimate expectations))
(2019/C 82/24)
Language of the case: Italian

Parties


Applicant: Comune di Milano (Italy) (represented by: S. Grassani and A. Franchi, lawyers)

Defendant: European Commission (represented by: G. Conte and D. Grespan, acting as Agents)

Re:

Action pursuant to Article 263 TFEU for annulment of Commission Decision (EU) 2015/1225 of 19 December 2012 regarding injections of capital by SEA SpA into SEA Handling SpA [SA.21420 (C 14/10) (ex NN 25/10) (ex CP 175/06)] (OJ 2015 L 201, p. 1).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Comune di Milano to pay the costs, including those relating to the interim proceedings.






(1)  OJ C 129, 4.5.2013.
Case C-221/18 P: Order of the Court (Sixth Chamber) of 13 December 2018 — Électricité de France (EDF) v European Commission, French Republic (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — First decision of the European Commission — State aid measure incompatible with the internal market — Annulment by the General Court of the European Union — Confirmation by the Court of Justice of the European Union — Second decision of the Commission — State aid measure incompatible with the internal market — Dismissal of the application for annulment — Article 266 TFEU — Infringement of the principle of res judicata attaching to the first judgment of the General Court — Distortion of evidence — Failure of the General Court to have regard for the Commission’s obligations of diligent and impartial investigation — Failure to state reasons — Classification of the measure — New or existing aid)
Date: 2018-12-13
Institutions: Court of Justice
Subjects: France, State aid, aid for restructuring, aid to undertakings, control of State aid, electrical energy, energy grid, proof, tax exemption








C_2019103EN.01000601.xml










18.3.2019   


EN


Official Journal of the European Union


C 103/6






Order of the Court (Sixth Chamber) of 13 December 2018 — Électricité de France (EDF) v European Commission, French Republic
(Case C-221/18 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court of Justice - State aid - First decision of the European Commission - State aid measure incompatible with the internal market - Annulment by the General Court of the European Union - Confirmation by the Court of Justice of the European Union - Second decision of the Commission - State aid measure incompatible with the internal market - Dismissal of the application for annulment - Article 266 TFEU - Infringement of the principle of res judicata attaching to the first judgment of the General Court - Distortion of evidence - Failure of the General Court to have regard for the Commission’s obligations of diligent and impartial investigation - Failure to state reasons - Classification of the measure - New or existing aid))
(2019/C 103/06)
Language of the case: French

Parties


Appellant: Électricité de France (EDF) (represented by: M. Debroux, avocat)

Other parties to the proceedings: European Commission (represented by: É. Gippini Fournier, B. Stromsky and D. Recchia, acting as Agents), French Republic

Operative part of the order







1.


The appeal is dismissed.










2.


Électricité de France (EDF) shall pay the costs.






(1)  OJ C 182, 28.5.2018.
Case T-102/18: Judgment of the General Court of 13 December 2018 — Knauf v EUIPO (upgrade your personality) (EU trade mark — Application for EU word mark upgrade your personality — Absolute ground for refusal — Lack of distinctive character — Advertising slogan — Article 7(1)(b) of Regulation (EU) 2017/1001)
Date: 2018-12-13
Institutions: General Court
Subjects: EU trade mark, electronic game, optical medium, registered trade mark, software, trade-mark law, virtual reality








C_2019082EN.01005602.xml










4.3.2019   


EN


Official Journal of the European Union


C 82/56






Judgment of the General Court of 13 December 2018 — Knauf v EUIPO (upgrade your personality)
(Case T-102/18) (1)

((EU trade mark - Application for EU word mark upgrade your personality - Absolute ground for refusal - Lack of distinctive character - Advertising slogan - Article 7(1)(b) of Regulation (EU) 2017/1001))
(2019/C 82/68)
Language of the case: German

Parties


Applicant: Martin Knauf (Berlin, Germany) (represented by: H. Jaeger, lawyer)

Defendant: European Union Intellectual Property Office (represented by: R. Manea and A. Folliard-Monguiral, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 18 December 2017 (Case R 1011/2017–4) concerning an application for registration of the word sign upgrade your personality as an EU trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Martin Knauf to bear his own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO).






(1)  OJ C 134, 16.4.2018.
Case T-247/17: Judgment of the General Court of 13 December 2018 — Azarov v Council (Common foreign and security policy — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies subject to the freezing of funds and of economic resources — Maintenance of the applicant’s name on the list — Right to property — Right to pursue an economic activity — Manifest error of assessment)
Date: 2018-12-13
Institutions: General Court
Subjects: EU restrictive measure, Ukraine, economic sanctions, international sanctions, natural person, ownership








C_2019082EN.01005001.xml










4.3.2019   


EN


Official Journal of the European Union


C 82/50






Judgment of the General Court of 13 December 2018 — Azarov v Council
(Case T-247/17) (1)

((Common foreign and security policy - Restrictive measures taken in view of the situation in Ukraine - Freezing of funds - List of persons, entities and bodies subject to the freezing of funds and of economic resources - Maintenance of the applicant’s name on the list - Right to property - Right to pursue an economic activity - Manifest error of assessment))
(2019/C 82/57)
Language of the case: German

Parties


Applicant: Mykola Yanovych Azarov (Kiev, Ukraine) (represented by: G. Lansky and A. Egger, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix and F. Naert, acting as Agents)

Re:

Action under Article 263 TFEU seeking annulment of 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 (OJ 2017 L 58, p. 34), and of Council Implementing Regulation (EU) 2017/374 of 3 March 2017 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2017 L 58, p. 1), in so far as the applicant’s name has been maintained on the list of persons, entities and bodies covered by those restrictive measures.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Mykola Yanovych Azarov to pay the costs.






(1)  OJ C 195, 19.6.2017.
EFTA Surveillance Authority notice on state aid recovery interest rates and reference/discount rates for the EFTA States applicable as from 1 December 2018 (Published in accordance with the rules on reference and discount rates set out in Part VII of the Authority’s State Aid Guidelines and Article 10 of the Authority’s Decision No 195/04/COL of 14 July 2004)
Date: 2018-12-13
Institutions: EFTA Surveillance Authority
Subjects: Iceland, Liechtenstein, Norway, State aid, interest, reimbursement of aid








C_2018449EN.01003501.xml










13.12.2018   


EN


Official Journal of the European Union


C 449/35






EFTA Surveillance Authority notice on state aid recovery interest rates and reference/discount rates for the EFTA States applicable as from 1 December 2018

(Published in accordance with the rules on reference and discount rates set out in Part VII of the Authority’s State Aid Guidelines and Article 10 of the Authority’s Decision No 195/04/COL of 14 July 2004 (1)
)

(2018/C 449/08)
Base rates are calculated in accordance with the Chapter on the method for setting reference and discount rates of the Authority’s State Aid Guidelines as amended by the Authority’s Decision No 788/08/COL of 17 December 2008. To obtain the applicable reference rates, appropriate margins shall be added to the base rate in accordance with the State Aid Guidelines.
Base rates have been determined as follows:








 


Iceland


Liechtenstein


Norway




1.7.2017 – 31.8.2017


6,18 


-0,50 


1,08 




1.9.2017 – 30.11.2017


5,20 


-0,50 


1,08 




1.12.2017 – 31.12.2017


5,20 


-0,50 


0,89 




1.1.2018 – 30.4.2018


4,84 


-0,52 


0,88 




1.5.2018 – 30.11.2018


4,84 


-0,52 


1,04 




1.12.2018 – 31.12.2018


4,84 


-0,52 


1,20 






(1)  OJ L 139, 25.5.2006, p. 37 and EEA Supplement No 26, 25.5.2006, p. 1.
Case T-70/18: Order of the General Court of 13 December 2018 — Sonova Holding v EUIPO (HEAR THE WORLD) (EU trade mark — Application for EU word mark HEAR THE WORLD — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EU) 2017/1001)
Date: 2018-12-13
Institutions: General Court
Subjects: EU trade mark, consultancy, health service, medical device, registered trade mark, sound reproduction equipment, trade-mark law, voluntary work








C_2019065EN.01003902.xml










18.2.2019   


EN


Official Journal of the European Union


C 65/39






Order of the General Court of 13 December 2018 — Sonova Holding v EUIPO (HEAR THE WORLD)
(Case T-70/18) (1)

((EU trade mark - Application for EU word mark HEAR THE WORLD - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EU) 2017/1001))
(2019/C 65/50)
Language of the case: German

Parties


Applicant: Sonova Holding AG (Stäfa, Switzerland) (represented by: R. Pansch and A. Sabellek, lawyers)

Defendant: European Union Intellectual Property Office (represented by: M. Eberl, D. Hanf and D. Walicka, acting as Agents)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 21 November 2017 (Case R 1645/2017-5) concerning an application for registration of the word sign HEAR THE WORLD as an EU trade mark.

Operative part of the order







1.


The action is dismissed.










2.


Sonova Holding AG shall pay the costs.






(1)  OJ C 112, 26.3.2018.
Case T-77/16: Judgment of the General Court of 13 December 2018 — Ryanair and Airport Marketing Services v Commission (State aid — Agreements concluded with the airline Ryanair and its subsidiary Airport Marketing Services — Airport services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Notion of State aid — Advantage — Private investor test — Recovery — Selectivity)
Date: 2018-12-13
Institutions: General Court
Subjects: State aid, access to EU information, airport, control of State aid, financial aid, low cost airline, profitability, reimbursement of aid, rights of the defence








C_2019082EN.01004001.xml










4.3.2019   


EN


Official Journal of the European Union


C 82/40






Judgment of the General Court of 13 December 2018 — Ryanair and Airport Marketing Services v Commission
(Case T-77/16) (1)

((State aid - Agreements concluded with the airline Ryanair and its subsidiary Airport Marketing Services - Airport services - Marketing services - Decision declaring the aid incompatible with the internal market and ordering its recovery - Notion of State aid - Advantage - Private investor test - Recovery - Selectivity))
(2019/C 82/45)
Language of the case: English

Parties


Applicants: Ryanair DAC, formerly Ryanair Ltd (Dublin, Ireland), Airport Marketing Services Ltd (Dublin) (represented by: G. Berrisch, E. Vahida, I.-G. Metaxas-Maranghidis, lawyers, and B. Byrne, Solicitor)

Defendant: Commission (represented by: L. Armati, L. Flynn and S. Noë, acting as Agents)

Interveners in support of the defendant: Republic of Latvia (represented initially by: D. Pelše, J. Treijs-Gigulis and I. Kalniņš, and subsequently by I. Kucina, acting as Agents) and Council of the European Union (represented by: S. Boelaert and S. Petrova, acting as Agents)

Re:

Action under Article 263 TFEU for partial annulment of Commission Decision (EU) 2016/152 of 1 October 2014 on State aid SA 27339 (12/C) (ex 11/NN) implemented by Germany for Zweibrücken airport and airlines using the airport (OJ 2016 L 34, p. 68).

Operative part of the judgment

The Court:






1.


Annuls Article 1(2) of Commission Decision (EU) 2016/152 of 1 October 2014 on State aid SA 27339 (12/C) (ex 11/NN) implemented by Germany for Zweibrücken airport and airlines using the airport, and Articles 3, 4 and 5 of that decision, in so far as they concern Ryanair DAC and Airport Marketing Services Ltd;










2.


Orders the European Commission to bear its own costs and to pay the costs incurred by Ryanair and Airport Marketing Services;










3.


Orders the Council of the European Union to pay its own costs;










4.


Orders the Republic of Latvia to bear its own costs.






(1)  OJ C 165, 10.5.2016.