EN
27.3.2023
Official Journal of the European Union
C 112/37
Other party to the proceedings before the Board of Appeal of EUIPO: WD Plus GmbH (Hannover, Germany)
Re: By its action under Article 263 TFEU, the applicant seeks annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 26 July 2022 (Case R 246/2022-2).
Operative part of the order 1.
There is no longer any need to adjudicate on the action. 2.
Beijing Unicorn Technology Co.
Ltd shall bear its own costs and shall pay those incurred by the European Union Intellectual Property Office (EUIPO).
(1)
OJ C 463, 5.12.2022.
Action brought on 25 January 2023 — Stevi and The New York Times v Commission (Case T-36/23) (2023/C 112/48) Language of the case: English Parties Applicants: Matina Stevi (Brussels, Belgium), The New York Times Company (New York, New York, United States) (represented by: B. Kloostra, lawyer) Defendant: European Commission
Form of order sought The applicants claim that the Court should: — annul the Commission’s confirmatory decision C(2022) 8371 final of 15 November 2022 (‘the contested decision’); — order the Commission to pay the costs of the proceedings.
Pleas in law and main arguments In support of the action, the applicants rely on three pleas in law. 1.
First plea in law, alleging a violation of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (1), and specifically of Article 3(1) of Regulation No 1049/2001, and a violation of Article 11 of the Charter of Fundamental Rights of the European Union.
By applying an extra-legal argument based on Article 7(1) of Commission Decision (EU) 2021/2121 (2) the Commission has unlawfully set aside Regulation No 1049/2001 and specifically Article 3(a) thereof, considering non-registered text messages as not qualifying as documents under Regulation No 1049/2001 and/or by not applying Article 3(a) of Regulation No 1049/2001 to the requested information, also violating the fundamental right to receive information protected under Article 11 of the Charter of Fundamental Rights of the European Union.