do-me/EUR-LEX huggingface dataset:
Case T-625/19: Action brought on 19 September 2019 — Daw v EUIPO (SOS Innenfarbe)
Date: 2019-09-19
Institutions: General Court
Subjects: EU trade mark, metal coating, paints and varnishes, registered trade mark, trade-mark law








C_2019372EN.01003502.xml










4.11.2019   


EN


Official Journal of the European Union


C 372/35






Action brought on 19 September 2019 — Daw v EUIPO (SOS Innenfarbe)
(Case T-625/19)
(2019/C 372/37)
Language of the case: German

Parties


Applicant: Daw SE (Ober-Ramstadt, Germany) (represented by: A. Haberl, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: Registration of the European Union word mark ‘SOS Innenfarbe’ — Application for registration No 17 870 690

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 18 July 2019 in Case R 277/2019-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


annul the Decision of EUIPO of 7 January 2019 in so far as it rejects the application for registration of the mark ‘SOS Innenfarbe’ in respect of the following goods in Class 2:






—


‘Paints, lacquers, lasures, paints, preservatives against rust; Primers; Dyes, colorants, paint paste, mordants; Thickeners for colours; Fixing solutions, siccatives for colours; Thinners and binders for paints, lacquers and coatings; Solvents for thinning paints; Preservatives for wood, wood mordants and wood preservatives; Coatings, including textured; bactericides and/or fungicides; Corrosion inhibiting admixtures; Protective preparations for metals’;














—


order EUIPO to allow the application for registration to be published, as lodged;










—


order EUIPO to pay the costs.





Plea in law







—


Infringement of Article 7(1)(b) and (c) and (2) of Regulation No 2017/1001.
Case T-27/18 RENV: Judgment of the General Court of 19 September 2019 — FV v Council (Civil service — Officials — Staff report — 2013 appraisal exercise — Interest in bringing proceedings — Obligation to state reasons — Manifest error of assessment — Duty to have regard for the welfare of officials)
Date: 2019-09-19
Institutions: General Court
Subjects: European official, report, right to justice, staff assessment, staff regulations (EU)








C_2019399EN.01004502.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/45






Judgment of the General Court of 19 September 2019 — FV v Council
(Case T-27/18 RENV) (1)

(Civil service - Officials - Staff report - 2013 appraisal exercise - Interest in bringing proceedings - Obligation to state reasons - Manifest error of assessment - Duty to have regard for the welfare of officials)
(2019/C 399/54)
Language of the case: French

Parties


Applicant: FV (represented by: initially, L. Levi and, subsequently, É. Boigelot, lawyers)

Defendant: Council of the European Union (represented by: M. Bauer and R. Meyer, acting as Agents)

Re:

Application under Article 270 TFEU seeking annulment of the applicant’s staff report for the period from 1 January to 31 December 2013.

Operative part of the judgment

The Court:






1.



dismisses the action;











2.



orders FV to pay the costs incurred in Case F-40/15 and those incurred in the present proceedings on referral;











3.



orders the Council of the European Union to pay the costs incurred in Case T-639/16 P.







(1)  OJ C 178, 1.6.2015 (case initially registered before the Civil Service Tribunal of the European Union as Case F-40/15 and transferred to the General Court of the European Union on 1.9.2016).
Case T-783/17: Judgment of the General Court of 19 September 2019 – GE Healthcare v Commission (Medicinal products for human use — Suspension of the marketing authorisation for gadolinium-containing contrast agents — Articles 31 and 116 of Directive 2001/83/EC — Precautionary principle — Equal treatment — Proportionality — Impartiality)
Date: 2019-09-19
Institutions: General Court
Subjects: drug surveillance, equal treatment, market approval, medicinal product, precautionary principle, principle of proportionality








C_2019406EN.01002801.xml










2.12.2019   


EN


Official Journal of the European Union


C 406/28






Judgment of the General Court of 19 September 2019 – GE Healthcare v Commission
(Case T-783/17) (1)

(Medicinal products for human use - Suspension of the marketing authorisation for gadolinium-containing contrast agents - Articles 31 and 116 of Directive 2001/83/EC - Precautionary principle - Equal treatment - Proportionality - Impartiality)
(2019/C 406/36)
Language of the case: English

Parties


Applicant: GE Healthcare A/S (Oslo, Norway) (represented by: D. Scannell, Barrister, G. Castle and S. Oryszczuk, Solicitors)

Defendant: European Commission (represented by: M. Wilderspin and A. Sipos, acting as Agents)

Re:

Action based on Article 263 TFEU seeking annulment of Commission Implementing Decision C(2017) 7941 final of 23 November 2017, concerning, in the framework of Article 31 of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ 2001 L 311, p. 67), the marketing authorisations for gadolinium-containing contrast agents for human use which contain one or more of the active substances ‘gadobenic acid, gadobutrol, gadodiamide, gadopentetic acid, gadoteric acid, gadoteridol, gadoversetamide and gadoxetic acid’, in so far as that decision concerns Omniscan.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders GE Healthcare A/S to pay the costs, including the costs relating to the interlocutory proceedings.







(1)  OJ C 42, 5.2.2018.
Case C-358/18 P: Judgment of the Court (Ninth Chamber) of 19 September 2019 — Republic of Poland v European Commission (Appeal — EAGGF, EAGF and EAFRD — Expenditure excluded from EU financing — Expenditure incurred by the Republic of Poland — Producer group — Producer organisation)
Date: 2019-09-19
Institutions: Court of Justice
Subjects: EAFRD, EAGF, agricultural expenditure, aid to agriculture, eligibility criteria, fruit, producer organisation, vegetable








C_2019399EN.01001301.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/13






Judgment of the Court (Ninth Chamber) of 19 September 2019 — Republic of Poland v European Commission
(Case C-358/18 P) (1)

(Appeal - EAGGF, EAGF and EAFRD - Expenditure excluded from EU financing - Expenditure incurred by the Republic of Poland - Producer group - Producer organisation)
(2019/C 399/14)
Language of the case: Polish

Parties


Appellant: Republic of Poland (represented by: B. Majczyna, acting as Agent)

Other party: European Commission (represented by: D. Tryantafyllou, M. Kaduczak and A. Stobiecka-Kuik, acting as Agents)

Operative part of the judgment

The Court:






1.


dismisses the appeal;










2.


orders the Republic of Poland to pay the costs.






(1)  OJ C 276, 6.8.2018.
Case C-544/18: Judgment of the Court (Fourth Chamber) of 19 September 2019 (request for a preliminary ruling from the Upper Tribunal — United Kingdom) — The Commissioners for Her Majesty’s Revenue and Customs v Henrika Dakneviciute (Reference for a preliminary ruling — Article 49 TFEU — Freedom of establishment — Self-employment — National of a Member State who ceases to be self-employed because of the physical constraints in the late stages of pregnancy and the aftermath of childbirth — Retention of self-employed status)
Date: 2019-09-19
Institutions: Court of Justice
Subjects: EU national, incapacity for work, motherhood, right of establishment, self-employed person, self-employment








C_2019399EN.01001601.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/16






Judgment of the Court (Fourth Chamber) of 19 September 2019 (request for a preliminary ruling from the Upper Tribunal — United Kingdom) — The Commissioners for Her Majesty’s Revenue and Customs v Henrika Dakneviciute
(Case C-544/18) (1)

(Reference for a preliminary ruling - Article 49 TFEU - Freedom of establishment - Self-employment - National of a Member State who ceases to be self-employed because of the physical constraints in the late stages of pregnancy and the aftermath of childbirth - Retention of self-employed status)
(2019/C 399/18)
Language of the case: English

Referring court

Upper Tribunal

Parties to the main proceedings


Applicant: The Commissioners for Her Majesty’s Revenue and Customs

Defendant: Henrika Dakneviciute

Operative part of the judgment

Article 49 TFEU must be interpreted as meaning that a woman who ceases self-employed activity in circumstances where there are physical constraints in the late stages of pregnancy and the aftermath of childbirth retains the status of being self-employed, provided that she returns to the same or another self-employed activity or employment within a reasonable period after the birth of her child.


(1)  OJ C 436, 3.12.2018.
Case C-240/19: Order of the President of the Court of 19 September 2019 (request for a preliminary ruling from the Juzgado Contencioso-Administrativo no2 de Ourense — Spain) — FA v Tesorería General de la Seguridad Social (TGSS)
Date: 2019-09-19
Institutions: Court of Justice
Subjects: Spain, equal treatment, social security legislation, social-security contribution, social-security harmonisation








C_2020068EN.01004002.xml










2.3.2020   


EN


Official Journal of the European Union


C 68/40






Order of the President of the Court of 19 September 2019 (request for a preliminary ruling from the Juzgado Contencioso-Administrativo no2 de Ourense — Spain) — FA v Tesorería General de la Seguridad Social (TGSS)
(Case C-240/19) (1)

(2020/C 68/47)
Language of the case: Spanish
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 238, 15.7.2019.
Case T-678/18: Judgment of the General Court of 19 September 2019 — Società agricola Giusti Dal Col v EUIPO — DMC (GIUSTI WINE) (EU trade mark — Opposition proceedings — International registration designating the European Union — Application for protection of the international word mark GIUSTI WINE — Earlier national figurative mark DeGIUSTI - Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
Date: 2019-09-19
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law, wine








C_2019399EN.01005601.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/56






Judgment of the General Court of 19 September 2019 — Società agricola Giusti Dal Col v EUIPO — DMC (GIUSTI WINE)
(Case T-678/18) (1)

(EU trade mark - Opposition proceedings - International registration designating the European Union - Application for protection of the international word mark GIUSTI WINE - Earlier national figurative mark DeGIUSTI - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
(2019/C 399/68)
Language of the case: Italian

Parties


Applicant: Società agricola Giusti Dal Col Srl (Nervesa della Battaglia, Italy) (represented by: M. Pizzigati and A. Mayr, lawyers)

Defendant: European Union Intellectual Property Office (represented by: L. Rampini, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: DMC Srl (San Vendemiano, Italy) (represented by: B. Osti and C. Spagnolo, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 3 September 2018 (Case R 1154/2017-5), relating to opposition proceedings between DMC and Società agricola Giusti Dal Col.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Società agricola Giusti Dal Col Srl to pay the costs.







(1)  OJ C 25, 21.1.2019.
Case C-527/18: Judgment of the Court (Second Chamber) of 19 September 2019 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Gesamtverband Autoteile-Handel eV v KIA Motors Corporation (Reference for a preliminary ruling — Approximation of laws — Motor vehicles — Regulation (EC) No 715/2007 — First sentence of Article 6(1) — Vehicle repair and maintenance information — Manufacturers’ obligations towards independent operators — Unrestricted access to that information in a standardised format — Procedures — Prohibition of discrimination)
Date: 2019-09-19
Institutions: Court of Justice
Subjects: access to information, commercial vehicle, disclosure of information, equal treatment, maintenance, motor car, technical specification, vehicle parts








C_2019399EN.01001501.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/15






Judgment of the Court (Second Chamber) of 19 September 2019 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Gesamtverband Autoteile-Handel eV v KIA Motors Corporation
(Case C-527/18) (1)

(Reference for a preliminary ruling - Approximation of laws - Motor vehicles - Regulation (EC) No 715/2007 - First sentence of Article 6(1) - Vehicle repair and maintenance information - Manufacturers’ obligations towards independent operators - Unrestricted access to that information in a standardised format - Procedures - Prohibition of discrimination)
(2019/C 399/17)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant: Gesamtverband Autoteile-Handel eV

Defendant: KIA Motors Corporation

Operative part of the judgment







1.


The first sentence of Article 6(1) of Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information must be interpreted as not requiring automotive manufacturers to provide independent operators with access to vehicle repair and maintenance information in a form that is amenable to onward electronic processing.










2.


The first sentence of Article 6(1) of Regulation No 715/2007 must be interpreted as meaning that, the fact that an automotive manufacturer opens, for the benefit of authorised dealers and repairers, a further channel for information on the sale of original replacement parts by authorised dealers and repairers by engaging an information service provider does not constitute access for independent operators that is discriminatory in comparison to the access granted to authorised dealers and repairers, within the meaning of that provision, since the independent operators also have access to vehicle repair and maintenance information that is non-discriminatory with regard to the content provided and the access granted to authorised dealers and repairers.






(1)  OJ C 445, 10.12.2018.
Case T-634/19: Action brought on 19 September 2019 — FC v EASO
Date: 2019-09-19
Institutions: General Court
Subjects: European official, data protection, dismissal, indemnification, personal data, principle of proportionality, remuneration of work, right to justice, rights of the defence, staff regulations (EU)








C_2019399EN.01007901.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/79






Action brought on 19 September 2019 — FC v EASO
(Case T-634/19)
(2019/C 399/97)
Language of the case: Greek

Parties


Applicant: FC (represented by: V. Christianos, lawyer)

Defendant: European Asylum Support Office (EASO)

Form of order sought







—


annul the decision of the appointing authority of EASO under No EASO/ED/2019/309 dated 20 June 2019, by which it rejected the applicant’s complaint of 21 February 2019 pursuant to Article 90(2) of the Staff Regulations of Officials of the European Union;










—


annul the decision of the appointing authority of EASO under No EASO/ED/2018/365 dated 14 December 2018 concerning the applicant’s suspension, withholding of her remuneration and a prohibition on her having access to EASO’s facilities;










—


order EASO to pay the applicant the sum of EUR 6 504,00 to compensate for her material loss;










—


order EASO to pay the applicant the sum of EUR 250 000,00 to compensate for her non-material harm and harm to her health;










—


order EASO to pay all the applicant’s costs.





Pleas in law and main arguments

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






1.


The first plea alleges that the contested decisions are vitiated because they infringe the applicant’s right to good administration, in particular as given specific expression in the principles of impartiality and objectivity, and the applicant’s substantive right to be heard.










2.


The second plea alleges that, by the way in which the contested decisions were made public, there was a violation of the applicant’s personal data, of the presumption of her innocence and of the principle of proportionality.










3.


The third plea alleges that a manifest error of assessment is committed in the contested decisions and that the reasons stated are inadequate.










4.


The fourth plea alleges that the contested decisions adversely affect the applicant’s right of defence and, in essence, prevent her from exercising it.
Case T-153/17: Judgment of the General Court of 19 September 2019 — FV v Council (Civil service — Officials — Staff reports — 2014 and 2015 appraisal exercises — Interest in bringing proceedings — Obligation to state reasons — Manifest error of assessment — Duty to have regard for the welfare of officials)
Date: 2019-09-19
Institutions: General Court
Subjects: European official, right of action, staff assessment








C_2019399EN.01004001.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/40






Judgment of the General Court of 19 September 2019 — FV v Council
(Case T-153/17) (1)

(Civil service - Officials - Staff reports - 2014 and 2015 appraisal exercises - Interest in bringing proceedings - Obligation to state reasons - Manifest error of assessment - Duty to have regard for the welfare of officials)
(2019/C 399/47)
Language of the case: French

Parties


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

Defendant: Council of the European Union (represented by: M. Bauer and R. Meyer, acting as Agents)

Re:

Application under Article 270 TFEU seeking annulment of the applicant’s staff reports for the periods from 1 January to 31 December 2014 and from 1 January to 31 December 2015, which were adopted definitively on 5 December 2016.

Operative part of the judgment

The Court:






1.



dismisses the action;











2.



orders FV to bear her own costs and to pay those incurred by the Council of the European Union.







(1)  OJ C 382, 13.11.2017.
Non-opposition to a notified concentration (Case M.9458 — CBRE/Telford Homes) (Text with EEA relevance) 2019/C 352/10
Date: 2019-09-19
Institutions: Directorate-General for Competition, European Commission
Subjects: business park, economic concentration, merger control, property market, provision of services, residential area








C_2019352EN.01001001.xml










18.10.2019   


EN


Official Journal of the European Union


C 352/10






Non-opposition to a notified concentration
(Case M.9458 — CBRE/Telford Homes)
(Text with EEA relevance)
(2019/C 352/10)
On 19 September 2019, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32019M9458. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-386/14 RENV: Judgment of the General Court of 19 September 2019 — FIH Holding and FIH v Commission (State aid — Banking sector — Aid granted to FIH in the form of a transfer of its impaired assets to a new subsidiary and the subsequent purchase thereof by the body responsible for guaranteeing financial stability — State aid for banks during the crisis — Decision declaring the aid compatible with the internal market — Admissibility — Calculation of the amount of the aid — Manifest error of assessment)
Date: 2019-09-19
Institutions: General Court
Subjects: Denmark, State aid, aid to undertakings, bank, company in difficulties, control of State aid, financial aid, monetary crisis, subsidiary








C_2019399EN.01003901.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/39






Judgment of the General Court of 19 September 2019 — FIH Holding and FIH v Commission
(Case T-386/14 RENV) (1)

(State aid - Banking sector - Aid granted to FIH in the form of a transfer of its impaired assets to a new subsidiary and the subsequent purchase thereof by the body responsible for guaranteeing financial stability - State aid for banks during the crisis - Decision declaring the aid compatible with the internal market - Admissibility - Calculation of the amount of the aid - Manifest error of assessment)
(2019/C 399/45)
Language of the case: English

Parties


Applicants: FIH Holding A/S (Copenhagen, Denmark) and FIH A/S, previously FIH Erhvervsbank A/S (Copenhagen) (represented by: O. Koktvedgaard, lawyer)

Defendant: European Commission (represented by: L. Flynn, A. Bouchagiar and K. Blanck, acting as Agents)

Re:

Action on the basis of Article 263 TFEU for annulment of Commission Decision 2014/884/EU of 11 March 2014 on State aid SA.34445 (12/C) implemented by Denmark for the transfer of property-related assets from FIH to the FSC (OJ 2014 L 357, p. 89).

Operative part of the judgment

The Court:






1.



Annuls Commission Decision 2014/884/EU of 11 March 2014 on State aid SA.34445 (12/C) implemented by Denmark for the transfer of property-related assets from FIH to the FSC;











2.



Orders the European Commission to bear its own costs and to pay those incurred by FIH Holding A/S and FIH A/S.







(1)  OJ C 253, 4.8.2014.