do-me/EUR-LEX huggingface dataset:
Case T-462/17: Judgment of the General Court of 11 June 2019 — TO v EEA (Civil service — Contract staff — Contract for a fixed period — Dismissal during sick leave — Article 16 of the CEOS — Article 48(b) of the CEOS — Article 26 of the Staff Regulations — Processing of personal data — Article 84 of the CEOS — Psychological harassment)
Date: 2019-06-11
Institutions: General Court
Subjects: contract staff, data protection, dismissal, harassment at work, indemnification, personal data, psychological harassment, servant (EU), sick leave, staff regulations (EU)








C_2019263EN.01004002.xml










5.8.2019   


EN


Official Journal of the European Union


C 263/40






Judgment of the General Court of 11 June 2019 — TO v EEA
(Case T-462/17) (1)

(Civil service - Contract staff - Contract for a fixed period - Dismissal during sick leave - Article 16 of the CEOS - Article 48(b) of the CEOS - Article 26 of the Staff Regulations - Processing of personal data - Article 84 of the CEOS - Psychological harassment)
(2019/C 263/45)
Language of the case: French

Parties


Applicant: TO (represented by: N. Lhoëst, lawyer)

Defendant: European Environment Agency (represented by: O. Cornu, acting as Agent, assisted by B. Wägenbaur, lawyer)

Intervener in support of the defendant: European Parliament (represented by: initially, D. Nessaf and J. Van Pottelberge, and subsequently, J. Van Pottelberge and J. Steele, acting as Agents) and the Council of the European Union (represented by: M. Bauer and R. Meyer, acting as Agents)

Re:

Application pursuant to Article 270 TFEU seeking, on the one hand, annulment, first, of the decision of the Executive Director of the EEA of 22 September 2016 terminating the applicant’s employment as a member of the contract staff and, secondly, that director’s decision of 20 April 2017 rejecting the complaint brought by the applicant against the decision of 22 September 2016 and, on the other hand, compensation for the damage allegedly sustained by the applicant.

Operative part of the judgment

The Court:






1.



Annuls the decision of the Executive Director of the European Environmental Agency (EEA) of 22 September 2016 terminating TO’s employment as a member of the contract staff;











2.



Orders the EEA to pay to TO a sum equal to one month’s salary in lieu of notice and to one third of TO’s basic salary per month of probation completed, less the dismissal allowance already received by TO;











3.



Orders EEA to pay to TO an amount of EUR 6 000;











4.



Dismisses the remainder of the action











5.



Orders the EEA to bear its own costs and to pay those incurred by TO;











6.



Orders the European Parliament and the Council of the European Union to bear their own costs.







(1)  OJ C 347 of 16.10.2017.
Case T-354/19: Action brought on 11 June 2019 — Palacio Domecq v EUIPO — Domecq Bodega Las Copas (PALACIO DOMECQ 1778)
Date: 2019-06-11
Institutions: General Court
Subjects: EU trade mark, beverage, catering industry, condiment, hotel industry, museum, registered trade mark, sporting event, trade-mark law








C_2019255EN.01005501.xml










29.7.2019   


EN


Official Journal of the European Union


C 255/55






Action brought on 11 June 2019 — Palacio Domecq v EUIPO — Domecq Bodega Las Copas (PALACIO DOMECQ 1778)
(Case T-354/19)
(2019/C 255/68)
Language in which the application was lodged: Spanish

Parties


Applicant: Palacio Domecq, SL (Madrid, Spain) (represented by: A. Otero Iglesias, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Domecq Bodega Las Copas, SL (Jerez de la Frontera, Spain)

Details of the proceedings before EUIPO


Applicant for the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for the EU figurative mark PALACIO DOMECQ 1778 — Application for registration No 11 499 506

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 28 March 2019 in Case R 867/2018-1

Form of order sought

The applicant claims that the Court should:






—


declare the action well-founded and alter the contested decision by granting in its entirety the applicant’s appeal against the decision of the Opposition Division of EUIPO, dismissing in its entirety the cross-appeal brought by the opponent and, consequently, dismissing the intervener’s opposition in its entirety;










—


in the alternative, and if appropriate, annul the contested decision and refer the case back to the Board of Appeal of EUIPO in order for it to adopt a new decision;










—


order EUIPO to pay the costs of the proceedings before the Court and the Board of Appeal;










—


order the intervener to pay the costs incurred by Palacio Domecq, SL in the opposition proceedings and in the appeal before the Board of Appeal.





Pleas in law

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council, and of Article 25(5) of the Delegated Regulation.