do-me/EUR-LEX huggingface dataset:
Case T-156/20: Judgment of the General Court of 8 September 2021 — JA v Parliament (Civil service — Members of the temporary staff — Political group — Dismissal — Manifest error of assessment — Misuse of powers — Right to be heard — Equal treatment — Duty to have regard for the welfare of officials — Principle of sound administration — Liability)
Date: 2021-09-08
Institutions: General Court
Subjects: abuse of power, dismissal, equal treatment, indemnification, political group (EP), rights of the defence, servant (EU), temporary employment








C_2021431EN.01003101.xml










25.10.2021   


EN


Official Journal of the European Union


C 431/31






Judgment of the General Court of 8 September 2021 — JA v Parliament
(Case T-156/20) (1)

(Civil service - Members of the temporary staff - Political group - Dismissal - Manifest error of assessment - Misuse of powers - Right to be heard - Equal treatment - Duty to have regard for the welfare of officials - Principle of sound administration - Liability)
(2021/C 431/35)
Language of the case: French

Parties


Applicant: JA (represented by: T. Bontinck and A. Guillerme, lawyers)

Defendant: European Parliament (represented by: I. Lázaro Betancor and N. Scafarto, acting as Agents)

Re:

Application under Article 270 TFEU for, first, annulment of the Parliament’s decision of 4 July 2019 to terminate the applicant’s contract as a member of the temporary staff and, second, compensation for the non-material harm which the applicant allegedly suffered as a result of that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders JA to pay the costs.






(1)  OJ C 201, 15.6.2020.
Case T-155/20: Judgment of the General Court of 8 September 2021 — IZ v Parliament (Civil service — Members of the temporary staff — Political group — Dismissal — Manifest error of assessment — Misuse of powers — Right to be heard — Equal treatment — Duty to have regard for the welfare of officials — Principle of sound administration — Liability)
Date: 2021-09-08
Institutions: General Court
Subjects: abuse of power, dismissal, equal treatment, indemnification, political group (EP), rights of the defence, servant (EU), temporary employment








C_2021431EN.01003002.xml










25.10.2021   


EN


Official Journal of the European Union


C 431/30






Judgment of the General Court of 8 September 2021 — IZ v Parliament
(Case T-155/20) (1)

(Civil service - Members of the temporary staff - Political group - Dismissal - Manifest error of assessment - Misuse of powers - Right to be heard - Equal treatment - Duty to have regard for the welfare of officials - Principle of sound administration - Liability)
(2021/C 431/34)
Language of the case: French

Parties


Applicant: IZ (represented by: T. Bontinck and A. Guillerme, lawyers)

Defendant: European Parliament (represented by: C. González Argüelles and I. Lázaro Betancor, acting as Agents)

Re:

Application under Article 270 TFEU for, first, annulment of the Parliament’s decision of 4 July 2019 to terminate the applicant’s contract as a member of the temporary staff and, second, compensation for the non-material harm which the applicant allegedly suffered as a result of that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders IZ to pay the costs.






(1)  OJ C 201, 15.6.2020.
Case T-458/20: Judgment of the General Court of 8 September 2021 — SBG v EUIPO — VF International (GEØGRAPHICAL NØRWAY) (EU trade mark — Invalidity proceedings — International registration designating the European Union — Word mark GEØGRAPHICAL NØRWAY — Absolute ground for refusal — Absolute ground for invalidity — Article 51(1)(b) of Regulation (EC) No 40/94 (now Article 59(1)(b) of Regulation (EU) 2017/1001) — Bad faith — Obligation to state reasons)
Date: 2021-09-08
Institutions: General Court
Subjects: EU trade mark, clothing, leather, personal effects, registered trade mark, telecommunications, trade-mark law








C_2021431EN.01003201.xml










25.10.2021   


EN


Official Journal of the European Union


C 431/32






Judgment of the General Court of 8 September 2021 — SBG v EUIPO — VF International (GEØGRAPHICAL NØRWAY)
(Case T-458/20) (1)

(EU trade mark - Invalidity proceedings - International registration designating the European Union - Word mark GEØGRAPHICAL NØRWAY - Absolute ground for refusal - Absolute ground for invalidity - Article 51(1)(b) of Regulation (EC) No 40/94 (now Article 59(1)(b) of Regulation (EU) 2017/1001) - Bad faith - Obligation to state reasons)
(2021/C 431/36)
Language of the case: French

Parties


Applicant: Super Brand Licencing (SBG) (Villeurbanne, France) (represented by: T. de Haan and A. Sion, lawyers)

Defendant: European Union Intellectual Property Office (represented by: D. Hanf and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: VF International Sagl (Stabio, Switzerland) (represented by: T. van Innis and A. Van der Planken, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 6 April 2020 (Case R 1178/2019-1), relating to invalidity proceedings between VF International and SBG.

Operative part of the judgment

The Court:






1.


Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 6 April 2020 (Case R 1178/2019-1);










2.


Orders EUIPO and VF International Sagl to pay the costs.






(1)  OJ C 287, 31.8.2020.
Case T-52/19: Judgment of the General Court of 8 September 2021 — AH v Eurofound (Civil service — Members of the contract staff — Disclosure of personal data — Request for assistance — Rejection of the request — Lack of competence of the author of an act adversely affecting a member of staff — Document prepared and signed by an external law firm — Liability — Non-material damage)
Date: 2021-09-08
Institutions: General Court
Subjects: data protection, disclosure of information, indemnification, lawyer, personal data, servant (EU)








C_2021431EN.01002702.xml










25.10.2021   


EN


Official Journal of the European Union


C 431/27






Judgment of the General Court of 8 September 2021 — AH v Eurofound
(Case T-52/19) (1)

(Civil service - Members of the contract staff - Disclosure of personal data - Request for assistance - Rejection of the request - Lack of competence of the author of an act adversely affecting a member of staff - Document prepared and signed by an external law firm - Liability - Non-material damage)
(2021/C 431/29)
Language of the case: French

Parties


Applicant: AH (represented by: N. de Montigny, lawyer)

Defendant: European Foundation for the Improvement of Living and Working Conditions (represented by: F. van Boven and M. Jepsen, acting as Agents, and by C. Callanan, Solicitor)

Re:

Application under Article 270 TFEU seeking, first, annulment of the decision of 22 March 2018, prepared and signed by an external law firm, concerning a request for assistance made by the applicant as regards the disclosure of his personal data and a claim for damages, and second, compensation for the non-material damage allegedly suffered by the applicant as a result of that decision and that disclosure.

Operative part of the judgment

The Court:






1.


Annuls the decision of 22 March 2018, prepared and signed by an external law firm, concerning a request for assistance made by AH as regards the disclosure of his personal data;










2.


Dismisses the action as to the remainder;










3.


Orders the European Foundation for the Improvement of Living and Working Conditions (Eurofound) to pay, in addition to its own costs, those incurred by AH.






(1)  OJ C 112, 25.3.2019.
Case T-355/18: Judgment of the General Court of 8 September 2021 — Spain v Commission (Rules on languages — Notices of open competition for the recruitment of administrators in the field of public health and food safety — Restriction of the choice of language 2 to four languages — Regulation No 1 — Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations — Discrimination based on language — Interests of the service — Proportionality)
Date: 2021-09-08
Institutions: General Court
Subjects: EPSO, administrator, competition (EU), discrimination on the basis of nationality, equal treatment, linguistic discrimination, staff regulations (EU), use of languages








C_2021431EN.01002701.xml










25.10.2021   


EN


Official Journal of the European Union


C 431/27






Judgment of the General Court of 8 September 2021 — Spain v Commission
(Case T-355/18) (1)

(Rules on languages - Notices of open competition for the recruitment of administrators in the field of public health and food safety - Restriction of the choice of language 2 to four languages - Regulation No 1 - Article 1d(1), Article 27 and Article 28(f) of the Staff Regulations - Discrimination based on language - Interests of the service - Proportionality)
(2021/C 431/28)
Language of the case: Spanish

Parties


Applicant: Kingdom of Spain (represented by: S. Centeno Huerta and L. Aguilera Ruiz, acting as Agents)

Defendant: European Commission (represented by: N. Ruiz García, L. Vernier, D. Milanowska, I. Galindo Martín and T. Lilamand, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of notices of open competition EPSO/AD/340/18 to draw up a reserve list in the field of health and food safety (audit, inspection and evaluation) and EPSO/AD/341/18 to draw up a reserve list in the field of food safety (policy and legislation) (OJ 2018 C 97 A, p. 1).

Operative part of the judgment

The Court:






1.


Annuls notices of open competition EPSO/AD/340/18 to draw up a reserve list in the field of health and food safety (audit, inspection and evaluation) and EPSO/AD/341/18 to draw up a reserve list in the field of food safety (policy and legislation);










2.


Orders the European Commission to bear its own costs and to pay those incurred by the Kingdom of Spain.






(1)  OJ C 285, 13.8.2018.
Case T-630/19: Judgment of the General Court of 8 September 2021 — AH v Eurofound (Civil service — Members of the contract staff — Psychological harassment — Request for assistance — Action for annulment — Lis pendens — Interest in bringing proceedings — Admissibility — Rule of correspondence between the application and the complaint — Obligation to state reasons — Lack of competence of the author of an act — Error of assessment — Liability — Non-material damage)
Date: 2021-09-08
Institutions: General Court
Subjects: disciplinary proceedings, harassment at work, indemnification, psychological harassment, servant (EU)








C_2021431EN.01002901.xml










25.10.2021   


EN


Official Journal of the European Union


C 431/29






Judgment of the General Court of 8 September 2021 — AH v Eurofound
(Case T-630/19) (1)

(Civil service - Members of the contract staff - Psychological harassment - Request for assistance - Action for annulment - Lis pendens - Interest in bringing proceedings - Admissibility - Rule of correspondence between the application and the complaint - Obligation to state reasons - Lack of competence of the author of an act - Error of assessment - Liability - Non-material damage)
(2021/C 431/31)
Language of the case: French

Parties


Applicant: AH (represented by: N. de Montigny, lawyer)

Defendant: European Foundation for the Improvement of Living and Working Conditions (represented by: F. van Boven and M. Jepsen, acting as Agents, and by C. Callanan, Solicitor)

Re:

Application under Article 270 TFEU seeking, first, annulment of the decision of Eurofound of 9 November 2018 closing the administrative investigation AI-2018/01 opened following the applicant’s request for assistance in respect of alleged psychological harassment on the part of his superiors, and second, compensation for the non-material damage allegedly suffered by the applicant as a result of that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders AH to pay, in addition to his own costs, those incurred by the European Foundation for the Improvement of Living and Working Conditions (Eurofound).






(1)  OJ C 383, 11.11.2019.
Case C-554/21: Request for a preliminary ruling from the Visoki trgovački sud Republike Hrvatske (Croatia) lodged on 8 September 2021 — Financijska agencija v HANN-INVEST d.o.o.
Date: 2021-09-08
Institutions: Court of Justice
Subjects: application of EU law, higher court, right to justice, ruling








C_2022222EN.01000701.xml










7.6.2022   


EN


Official Journal of the European Union


C 222/7






Request for a preliminary ruling from the Visoki trgovački sud Republike Hrvatske (Croatia) lodged on 8 September 2021 — Financijska agencija v HANN-INVEST d.o.o.
(Case C-554/21)
(2022/C 222/10)
Language of the case: Hungarian

Referring court

Visoki trgovački sud Republike Hrvatske

Parties to the main proceedings


Appellant: Financijska agencija

Respondent: HANN-INVEST d.o.o.

Question referred

Can the rule laid down in the second part of the first sentence and in the second sentence of Article 177(3) of the Sudski poslovnik (Rules of Procedure of the Courts), which provides that ‘a case before a court of second instance shall be deemed to be closed on the date on which the decision is sent from the court office, after the case has been returned by the Registration Service. The Registration Service shall be required to return the file to the court office as promptly as possible after receipt thereof. The decision shall then be notified within a further period of eight days’ be considered compatible with Article 19(1) TEU and Article 47 of the Charter?
Case T-152/19: Judgment of the General Court of 8 September 2021 — Brunswick Bowling Products v Commission (Protection of the health and safety of consumers and workers — Directive 2006/42/EC — Safeguard clause — National measure of withdrawal from the market and prohibition of placing on the market of a pinsetter machine and a supplementary kit — Essential health and safety requirements — Commission decision declaring the measure justified — Equal treatment)
Date: 2021-09-08
Institutions: General Court
Subjects: Sweden, equal treatment, market approval, product safety, sports equipment, withdrawal from the market








C_2021422EN.01001002.xml










18.10.2021   


EN


Official Journal of the European Union


C 422/10






Judgment of the General Court of 8 September 2021 — Brunswick Bowling Products v Commission
(Case T-152/19) (1)

(Protection of the health and safety of consumers and workers - Directive 2006/42/EC - Safeguard clause - National measure of withdrawal from the market and prohibition of placing on the market of a pinsetter machine and a supplementary kit - Essential health and safety requirements - Commission decision declaring the measure justified - Equal treatment)
(2021/C 422/14)
Language of the case: English

Parties


Applicant: Brunswick Bowling Products LLC, formerly Brunswick Bowling & Billiards Corporation (Muskegon, Michigan, United States) (represented by: R. Martens and V. Ostrovskis, lawyers)

Defendant: European Commission (represented by: M. Huttunen and P. Ondrůšek, acting as Agents)

Intervener in support of the defendant: Kingdom of Sweden (represented by: H. Eklinder, R. Eriksson, C. Meyer-Seitz, A. Runeskjöld, M. Salborn Hodgson, H. Shev, J. Lundberg and O. Simonsson, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of Commission Implementing Decision (EU) 2018/1960 of 10 December 2018 on a safeguard measure taken by Sweden pursuant to Directive 2006/42/EC of the European Parliament and of the Council, to prohibit the placing on the market of a type of pinsetter machine and a supplementary kit to be used together with that type of pinsetter machine, manufactured by Brunswick Bowling & Billiards, and to withdraw those machines already placed on the market (OJ 2018 L 315, p. 29).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Brunswick Bowling Products LLC to pay the costs;










3.


Orders the Kingdom of Sweden to bear its own costs.






(1)  OJ C 155, 6.5.2019.
Corrigendum to Passenger Name Records (PNR) Passenger Information Units – List of the Passenger Information Units referred to in Article 4 of Directive (EU) 2016/681 of the European Parliament and of the Council on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (This list reflects the established Passenger Information Units in the Member States responsible for collecting PNR data from air carriers, storing and processing those data and transferring those data or the result of processing them to the competent authorities referred to in Article 7 of the PNR Directive.) (Official Journal of the European Union C 230 of 2 July 2018) 2021/C 360/06
Date: 2021-09-08
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU Member State, air safety, air transport, data collection, data protection, data transmission, exchange of information, protection of privacy, terrorism, traveller








C_2021360EN.01000701.xml










8.9.2021   


EN


Official Journal of the European Union


C 360/7






Corrigendum to Passenger Name Records (PNR)
Passenger Information Units – List of the Passenger Information Units referred to in Article 4 of Directive (EU) 2016/681 of the European Parliament and of the Council on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime

(This list reflects the established Passenger Information Units in the Member States responsible for collecting PNR data from air carriers, storing and processing those data and transferring those data or the result of processing them to the competent authorities referred to in Article 7 of the PNR Directive.)


(
Official Journal of the European Union C 230 of 2 July 2018
)

(2021/C 360/06)
On page 6:
The following Member States which have notified the establishment of their Passenger Information Unit are added:






—


Greece: Τμήμα 5ο – Μονάδα Στοιχείων Επιβατών,










—


Portugal: Gabinete de Informações de Passageiros do Ponto Único de Contacto para a Cooperação Policial Internacional (GIP/PUC-CPI),










—


Spain: Unidad de Información sobre Pasajeros española (UIP).




The reference to the Passenger Information Unit of the United Kingdom is deleted.
Case T-85/20: Judgment of the General Court of 8 September 2021 — Qx World v EUIPO — Mandelay (EDUCTOR) (EU trade mark — Invalidity proceedings — EU word mark EDUCTOR — Earlier non-registered mark EDUCTOR — Article 53(1)(b) of Regulation (EC) No 207/2009 (now Article 60(1)(b) of Regulation (EU) 2017/1001) — Article 8(3) of Regulation No 207/2009 (now Article 8(3) of Regulation 2017/1001) — Article 71(1) of Regulation 2017/1001 — Article 72(1) of Regulation 2017/1001 — Article 95(1) of Regulation 2017/1001 — Article 16(1) of Delegated Regulation (EU) 2018/625 — Article 6bis of the Paris Convention)
Date: 2021-09-08
Institutions: General Court
Subjects: EU trade mark, medical device, medical diagnosis, provision of services, registered trade mark, therapeutics, trade-mark law








C_2021452EN.01002401.xml










8.11.2021   


EN


Official Journal of the European Union


C 452/24






Judgment of the General Court of 8 September 2021 — Qx World v EUIPO — Mandelay (EDUCTOR)
(Case T-85/20) (1)

(EU trade mark - Invalidity proceedings - EU word mark EDUCTOR - Earlier non-registered mark EDUCTOR - Article 53(1)(b) of Regulation (EC) No 207/2009 (now Article 60(1)(b) of Regulation (EU) 2017/1001) - Article 8(3) of Regulation No 207/2009 (now Article 8(3) of Regulation 2017/1001) - Article 71(1) of Regulation 2017/1001 - Article 72(1) of Regulation 2017/1001 - Article 95(1) of Regulation 2017/1001 - Article 16(1) of Delegated Regulation (EU) 2018/625 - Article 6bis of the Paris Convention)
(2021/C 452/24)
Language of the case: English

Parties


Applicant: Qx World Kft. (Budapest, Hungary) (represented by: Á. László and A. Cserny, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Mandelay Magyarország Kereskedelmi Kft. (Mandelay Kft.) (Szigetszentmiklós, Hungary) (represented by: V. Luszcz, C. Sár and É. Ulviczki, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 2 December 2019 (Case R 1311/2019-5), relating to invalidity proceedings between Qx World and Mandelay.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 2 December 2019;










2.


Orders Qx World Kft., EUIPO and Mandelay Magyarország Kereskedelmi Kft. (Mandelay Kft.) each to bear their own costs.






(1)  OJ C 114, 6.4.2020.