do-me/EUR-LEX huggingface dataset:
Case T-201/21: Judgment of the General Court of 14 June 2023 — Covington & Burling and Van Vooren v Commission (Access to documents — Regulation (EC) No 1049/2001 — Standing Committee for Plants, Animals, Food and Feed — Individual positions of the Member States — Refusal to grant access — Article 4(3) of Regulation No 1049/2001 — Exception relating to protection of the decision-making process — Comitology — Regulation (EC) No 1925/2006)
Date: 2023-06-14
Institutions: General Court
Subjects: EU Member State, access to EU information, chemical compound, comitology, consumer protection, food additive, food safety, food supplement, standing committee (EU), vitamin








C_2023271EN.01002402.xml










31.7.2023   


EN


Official Journal of the European Union


C 271/24






Judgment of the General Court of 14 June 2023 — Covington & Burling and Van Vooren v Commission
(Case T-201/21) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Standing Committee for Plants, Animals, Food and Feed - Individual positions of the Member States - Refusal to grant access - Article 4(3) of Regulation No 1049/2001 - Exception relating to protection of the decision-making process - Comitology - Regulation (EC) No 1925/2006)
(2023/C 271/35)
Language of the case: English

Parties


Applicants: Covington & Burling LLP (Saint-Josse-ten-Noode, Belgium), Bart Van Vooren (Meise, Belgium) (represented by: P. Diaz Gavier, lawyer)

Defendant: European Commission (represented by: C. Ehrbar and A. Spina, acting as Agents)

Re:

By their action based on Article 263 TFEU, the applicants seek the annulment of the implied decision of the European Commission of 12 March 2021 and of confirmatory decision C(2021) 2541 final of the Commission of 7 April 2021, by which their application for access to the documents relating to the voting of the Member States in a comitology procedure concerning the amendment of Annex III to Regulation (EC) No 1925/2006 of the European Parliament and of the Council as regards botanical species containing hydroxyanthracene derivatives was refused.

Operative part

The Court:






1.


Declares that there is no longer any need to adjudicate on the claim for annulment of the implied decision refusing access of 12 March 2021;










2.


Annuls decision C(2021) 2541 final of the European Commission of 7 April 2021 to the extent that it refuses access to the individual votes of the representatives of the Member States on the basis of the second subparagraph of Article 4(3) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents;










3.


Dismisses the action as to the remainder;










4.


Orders the Commission to pay the costs.






(1)  OJ C 217, 7.6.2021.
Case T-200/20: Judgment of the General Court of 14 June 2023 — Stone Brewing v EUIPO — Molson Coors Brewing Company (UK) (STONE BREWING) (EU trade mark — Opposition proceedings — Application for EU word mark STONE BREWING — Earlier EU word mark STONES — Relative ground for refusal — Genuine use of the earlier mark — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
Date: 2023-06-14
Institutions: General Court
Subjects: EU trade mark, beer, registered trade mark, trade-mark law








C_2023271EN.01002202.xml










31.7.2023   


EN


Official Journal of the European Union


C 271/22






Judgment of the General Court of 14 June 2023 — Stone Brewing v EUIPO — Molson Coors Brewing Company (UK) (STONE BREWING)
(Case T-200/20) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark STONE BREWING - Earlier EU word mark STONES - Relative ground for refusal - Genuine use of the earlier mark - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
(2023/C 271/32)
Language of the case: English

Parties


Applicant: Stone Brewing Co. LLC (Escondido, California, United States) (represented by: M. Kloth, R. Briske and D. Habel, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Molson Coors Brewing Company (UK) Ltd (Burton Upon Trent, United Kingdom) (represented by G. Orchison, Solicitor, and J. Abrahams KC)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 31 January 2020 (Case R 1524/2018-4).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Stone Brewing Co. LLC to bear its own costs and to pay the costs incurred by Molson Coors Brewing Company (UK) Ltd;










3.


Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.






(1)  OJ C 201, 15.6.2020.
Case T-79/21: Judgment of the General Court of 14 June 2023 — Ryanair and Airport Marketing Services v Commission (State aid — Agreements concluded with the airline Ryanair and its subsidiary Airport Marketing Services — Marketing services — Decision declaring the aid incompatible with the internal market and ordering its recovery — Advantage — ‘Real need’ test — Articles 41 and 47 of the Charter of Fundamental Rights — Right of access to the file — Right to be heard)
Date: 2023-06-14
Institutions: General Court
Subjects: France, Occitanie, State aid, airport, control of State aid, low cost airline, marketing, reimbursement of aid, right to justice, rights of the defence, subsidiary








C_2023271EN.01002401.xml










31.7.2023   


EN


Official Journal of the European Union


C 271/24






Judgment of the General Court of 14 June 2023 — Ryanair and Airport Marketing Services v Commission
(Case T-79/21) (1)

(State aid - Agreements concluded with the airline Ryanair and its subsidiary Airport Marketing Services - Marketing services - Decision declaring the aid incompatible with the internal market and ordering its recovery - Advantage - ‘Real need’ test - Articles 41 and 47 of the Charter of Fundamental Rights - Right of access to the file - Right to be heard)
(2023/C 271/34)
Language of the case: English

Parties


Applicants: Ryanair DAC (Swords, Ireland), Airport Marketing Services Ltd (Dublin, Ireland) (represented by: E. Vahida, F.-C. Laprévote, V. Blanc, S. Rating, I.-G. Metaxas-Maranghidis and D. Pérez de Lamo, lawyers)

Defendant: European Commission (represented by: L. Flynn, J. Carpi Badía and C. Georgieva, acting as Agents)

Intervener in support of the defendant: Council of the European Union (represented by: A. Maceroni and A.-L. Meyer, acting as Agents)

Re:

By their action based on Article 263 TFEU, the applicants, Ryanair DAC and Airport Marketing Services Ltd, seek annulment of Commission Decision (EU) 2020/1671 of 2 August 2019 on State aid SA.47867 2018/C (ex 2017/FC) granted by France to Ryanair and Airport Marketing Services (OJ 2020 L 388, p. 1).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Ryanair DAC and Airport Marketing Services Ltd to bear their own costs and to pay those incurred by the European Commission;










3.


Orders the Council of the European Union to bear its own costs.






(1)  OJ C 110, 29.3.2021.
Case T-585/20: Judgment of the General Court of 14 June 2023 — Polwax v Commission (Competition — Concentrations — Upstream market for slack wax — Downstream market for paraffin waxes — Decision declaring the concentration compatible with the internal market and the EEA Agreement — Absence of commitment to supply slack wax — Vertical effects — Foreclosure of the input market)
Date: 2023-06-14
Institutions: General Court
Subjects: European Economic Area, economic concentration, merger control, oil industry, wholesale trade








C_2023271EN.01002301.xml










31.7.2023   


EN


Official Journal of the European Union


C 271/23






Judgment of the General Court of 14 June 2023 — Polwax v Commission
(Case T-585/20) (1)

(Competition - Concentrations - Upstream market for slack wax - Downstream market for paraffin waxes - Decision declaring the concentration compatible with the internal market and the EEA Agreement - Absence of commitment to supply slack wax - Vertical effects - Foreclosure of the input market)
(2023/C 271/33)
Language of the case: Polish

Parties


Applicant: Polwax S.A. (Jasło, Poland) (represented by: E. Nessmann and G. Duda, lawyers)

Defendant: European Commission (represented by: N. Khan, G. Meessen and J. Szczodrowski, acting as Agents)

Intervener in support of the defendant: Polski Koncern Naftowy Orlen S.A. (Płock, Poland) (represented by: M. Mataczyński, lawyer)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of the Commission Decision of 14 July 2020 (case M.9014), adopted under Article 8(2) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ 2004 L 24, p. 1), by which the European Commission declared a concentration between Polski Koncern Naftowy Orlen S.A. (‘Orlen’) and Grupa Lotos S.A. to be compatible with the internal market and with Article 57 of the Agreement on the European Economic Area (EEA), subject to Orlen’s compliance with certain commitments.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Polwax S.A. to pay the costs.






(1)  OJ C 399, 23.11.2020.